Section 237-6-016 - TRADE PRACTICE POLICIESA wholesale licensee, shipper licensee, manufacturer licensee, and craft brewery licensee, (collectively referred to as an "industry member") may furnish a retail licensee, with equipment, supplies, services, or other things of value, under conditions and within the limitations prescribed.
016.01 PRODUCT DISPLAYS 016.01A GENERAL 016.01A1 The act by industry member of giving or selling product displays to a retailer is allowed provided that the conditions and limitations prescribed in 016.01C of the rule are met.016.01B DEFINITION 016.01B1 Product displays means any alcoholic liquor racks, bins, barrels, casks, shelving or similar items the primary function of which is to hold shelve or display consumer products.016.01C CONDITIONS AND LIMITATIONS 016.01C1 The total value of all product displays given or sold by an industry member under 016 of this rule may not exceed $300 per brand at any one time in any one retail establishment. Industry members may not pool or combine dollar limitations in order to provide a retailer a product display valued in excess of $300 per brand. The value of a product display is the actual cost to the industry member who initially purchased it. Transportation and installation costs are excluded.016.01C2 All product displays must bear conspicuous and substantial advertising matter on the product or the industry member which is permanently inscribed or securely affixed. The name and address of the retailer may appear on the product displays.016.01C3 The giving or selling of such product displays may be conditioned upon the purchase of the distilled spirits, wine, or malt beverages advertised on those displays in a quantity necessary for the initial completion of such display. No other condition can be imposed by the industry member on the retailer in order for the retailer to receive or obtain the product display.016.02 POINT OF SALE ADVERTISING MATERIALS AND CONSUMER ADVERTISING SPECIALTIES 016.02A GENERAL 016.02A1 The act by an industry member of giving or selling point of sale advertising materials and consumer advertising specialties to a retailer is allowed provided that the condition and limitations prescribed in 016.02C of this rule are met.016.02B DEFINITIONS 016.02B1 Point of sale advertising materials are items designed to be used within a retail establishment to attract consumer attention to the products of the industry member. Such materials include, but are not limited to: posters, placards, designs, inside signs (electric, mechanical or otherwise), window decorations, trays, coasters, mats, menu cards, meal checks, paper napkins, foam scrapers, back bar mats, thermometers, clocks, calendars, and alcoholic beverage lists or menus.016.02B2 Consumer advertising specialities are items that are designed to be carried away by the consumer, such as trading stamps, non-alcoholic mixers, pouring racks, ask trays, bottle or can openers, cork screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets, blotters, post cards, pencils, shirts, caps, and visors.016.02C CONDITIONS AND LIMITATIONS 016.02C1 All point of sale advertising materials and consumer advertising specialties must bear conspicuous and substantial advertising matter about the product or the industry member which is permanently inscribed or securely affixed. The name and address of the retailer may appear on the point of sale advertising materials.016.02C2 The industry member may not directly or indirectly pay or credit the retailer for using or distributing these materials or for any expense incidental to their use.016.03 EQUIPMENT AND SUPPLIES 016.03A GENERAL 016.03A1 The act by an industry member of selling equipment or supplies to a retailer is allowed if the equipment or supplies are sold at a price not less than the cost to the industry member who initially purchased them, and if the price is collected within 30 days of the date of the sale. The act by an industry member of installing dispensing accessories at the retailer establishment is allowed as long as the retailer bears the cost of initial installation. The act by an industry member of furnishing, giving, or selling coil cleaning service to a retailer of distilled spirits, wine, or malt beverages is allowed.016.03B EQUIPMENT AND SUPPLIES 016.03B1 Equipment and supplies means glassware (or similar containers made of other material), dispensing accessories, carbon dioxide (and other gasses used in dispensing equipment) or ice. "Dispensing Accessories" include items such as standards, faucets, cold plates, rods, vents, taps, tap standards, hoses, washers, couplings, gas gauges, vent tongues, shanks, and check valves.016.03C NEWSPAPER CUTS 016.03C1 Newspaper cuts, mats, or engraved blocks for use in retailers advertisements may be given or sold by an industry member to a retailer selling the industry members products.016.03D COMBINATION PACKING 016.03D1 The act by an industry member of packaging and distributing distilled spirits, wine, or malt beverages in combination with other (non-alcoholic) items for sale to consumers is allowed.016.04 EDUCATIONAL SEMINARS 016.04A GENERAL 016.04A1 An industry member may give or sponsor educational seminars for retailers and their employees. Examples would be seminars dealing with use of a retailers equipment, training seminars for employees of retailers, or tours of industry members plant premises. This rule does not authorize an industry member to pay a retailer expenses in conjunction with an educational seminar (such as travel and lodging). This does not preclude providing nominal hospitality during the event.016.05 STOCKING, ROTATION AND PRICING SERVICE 016.05A GENERAL 016.05A1 Industry members may, at a retail establishment, stock, rotate, and affix the price to distilled spirits, wine, or malt beverages which they sell, provided products of another industry members are not altered or disturbed. The rearranging or resetting of all or part of a store or liquor department is not hereby authorized.016.05B SHELF PLAN AND SHELF SCHEMATICS 016.05B1 The act of an industry member of providing a shelf plan or shelf schematic for distilled spirits, wine, or malt beverages is allowed. When requested by a retailer, an industry member may, pursuant to the plan or schematic, rearrange or reset all or part of a liquor store or liquor department.016.06 PARTICIPATION IN RETAILER ASSOCIATION ACTIVITIES016.06A GENERAL 016.06A1 The following acts by an industry member participating in retailers association activities is allowed. 016.06A1A Displaying it's products at a convention or trade show016.06A1B Renting display booth space if the rental fee is the same or paid by all exhibitors at the event.016.06A1C Providing its own hospitality which is independent from association sponsored activities016.06A1D Purchasing tickets to functions and paying registration fees if the payment or fees are the same as paid by all attendees, participants or exhibitors at the event016.06A1E Making payments for advertisements in programs or brochures issued by a retailers associations at a convention or trade show.016.07 PERMIT TO SOLICIT FOR FUTURE SALES 016.07A The Commission may issue a permit for wholesale sales for future delivery to retailers which authorizes the permittee to promote the sale of beer, wine, and spirits through methods such as solicitations, display, advertising and personal contact with licensed retailers and their agent, servants, and employees. A person holding the permit under this regulation may give samples of beer, wine, and spirits to retailers provided the alcoholic beverages first came to rest at a wholesale licensed premise and the state excise taxes paid. The permit under this section is only required of persons employed by a holder of a shipping license issued by the Commission and who reside in the State of Nebraska. Shipping license holders shall furnish the Commission with the names of all employees engaged in activities requiring a permit under this section and shall notify the Commission whenever an employee begins or terminates employment. Upon leaving employment, an employee shall submit his or her permit to the Commission for cancellation. Every person holding a permit under this section shall exhibit it upon request to any prospective purchaser or agent of the Commission or Nebraska State Patrol. A permit holder shall retain and preserve industry promotional cost records for Commission review for a period of three years. Every person holding a permit under this section shall be obligated to follow all Trade Practice Policies, Chapter 6, 016 contained in Commission Rules and Regulations. Every permit holder, employer, or shipper is subject to citation for any violation of the Trade Practice Rules and Regulations. The application for the new permit shall be submitted upon such forms as the Commission may prescribe.237 Neb. Admin. Code, ch. 6, § 016