§37A-3-117. Sale of alcoholic beverages packaged with nonalcoholic
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promotional items.
A. A retailer may offer for sale and sell alcoholic beverages which are packaged or are to be packaged with nonalcoholic promotional items, if such packaging and all nonalcoholic promotional items are provided by the manufacturer or brewer or agent of the manufacturer or brewer at the expense of the manufacturer or brewer or agent of the manufacturer or brewer, regardless of where such packages are assembled.
B. The manufacturer or brewer or agent of the manufacturer or brewer may provide such packaging and any nonalcoholic promotional items to the retailer at the retailer's premises, or otherwise, and may deliver such packaging and all nonalcoholic promotional items provided by the manufacturer or brewer or agent to the retailer by
means of common carrier, or otherwise, at no expense to the retailer, for the retailer to incorporate the alcoholic beverage product of the manufacturer or brewer into the manufacturer's or brewer's packaging or with such promotional items.
C. The manufacturers and brewers of alcoholic beverages, through their agents, must make access to the packaging for such alcoholic beverages with nonalcoholic promotional items available equally to retailers in this state. Such access to the promotional packaging is subject to the reasonable supplies of such packaging and subject to the terms of the manufacturer's or brewer's promotion. Such access to the manufacturer's or brewer's packaging by the retailers shall be commensurate to the needs of the retailers based on the stock of the manufacturer's or brewer's product carried by the retailer.
The manufacturers and brewers shall only be required to carry reasonable supplies of such promotional packages and shall make a good faith effort to ratably distribute such packaging or items to those retailers who desire such packaging or items. Added by Laws 2016, c. 366, § 87, eff. Oct. 1, 2018. Amended by Laws 2019, c. 322, § 21, emerg. eff. May 7, 2019. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.