N.J. Admin. Code § 13:2-24.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:2-24.6 - Required records

(a) Every licensee or registrant privileged and intending to sell alcoholic beverages to retailers in this State shall maintain upon its licensed premises for a period of three years the following records:

1. A "Historical Price List," which shall contain the prices at which all products by brand, type, proof, age and size were offered for sale, inclusive of all discounts, allowances or differentials and which may be maintained in any "readily retrievable" fashion pursuant to N.J.A.C. 13:2-29;

2. A "Marketing Manual," which shall be maintained in a separate book or ledger and shall contain, by category, on a chronological basis all offered or available services, facilities, equipment, advertising and promotional items and programs;

3. A "Current Price List," maintained in a separate book or ledger, containing:

i. Prices, inclusive of per unit costs, all discounts, allowances and differentials and other terms of sale, at which all products are offered for sale to retailers during the calendar month following filing. A "unit" is defined as a can, bottle or individualized container;

ii. The correct brand or trade name of the product, its nature and type, the brand registration number according to N.J.A.C. 13:2-33.1, size and age and proof of alcoholic content when stated on the label, the standard number of unit containers per standard case and the capacity of each unit container; and

iii. Displays whose fair market retail value is over $ 100.00 and any retailer incentive programs, including for displays built by any manufacturer, supplier, importer or wholesaler or by third parties at their direction the following information:

(1) The name, address and license number of the retailer receiving the display and items(s);

(2) The date furnished and anticipated removal date of the display;

(3) A description of the alcoholic beverage in the display, by brand and quantity; and

(4) A description and actual cost of any promotional items(s) in the display provided to the retailer;

4. The Current Price List shall be filed in a format prescribed by the Director with the Division of Alcoholic Beverage Control no later than the 15th day of each calendar month and shall become effective the first day of the following calendar month and remain effective for that month;

5. The prices contained in the Current Price List and any retail incentive program offered shall be filed independently by each individual filer, and no amendments or changes (except upon approval of the Director to correct bona fide clerical errors) shall be made therein prior to filing of the next monthly price list. Requests for additional amendments may be considered pursuant to N.J.A.C. 13:2-9.1;

6. No manufacturer, supplier or wholesaler shall offer for sale, sell or deliver to any retailer and no retailer shall accept delivery of anything listed on a Current Price List from any manufacturer, supplier or wholesaler of any alcoholic beverage upon terms other than those set forth in the seller's "Current Price List"; and

7. The Current Price List shall be a public record and nothing in this section shall preclude any licensee selling alcoholic beverages to retailers from providing it directly to retailers by any means. Any re-publication of the filed Current Price List must be published in its entirety unless conspicuously noted otherwise.

N.J. Admin. Code § 13:2-24.6

Amended by 48 N.J.R. 1302(b), effective 6/20/2016