Cal. Code Regs. Tit. 4, § 52 - Restrictions on Giving

(a) Samples.

(1) Samples of alcoholic beverages may be given only to licensees or employees or agents of licensees who are eligible to purchase alcoholic beverages of the kind given as samples, and samples may be given only to licensees who have not previously purchased the particular product, or to their employees or agents, for the sole purpose of permitting them to determine the grade, type, and quality of the alcoholic beverages.

(2) Such samples shall not exceed in quantity the following: wine, one quart or one liter when bottled; beer, one bottle or can opened on the premises of the licensee; and distilled spirits, 500 milliliters, or in the smallest size regularly marketed where the brand is not bottled in 500 milliliters, containers. The limit herein stated as to wine samples shall not apply to bulk samples submitted for processing purposes.

(3) Only one sample of each grade, type, or quality shall be given at any one time as to wine and distilled spirits.

(4) Each sample of distilled spirits and wine shall have stamped on its brand label the words: "Sample--not for sale," in letters not less than one-fourth inch in height.

(5) A distilled spirits manufacturer, distilled spirits manufacturer's agent, or rectifier may supply such samples to his own salesmen or to the salesmen of a licensed wholesaler.

(6) Licensees who are authorized to give away samples of any type of alcoholic beverage shall keep a record of all samples so given away. Such record shall be completed within seven calendar days following removal from stock, or from the licensed premises, and the record shall state: the brand, type of alcoholic beverage and size of the sample package; the name of the salesman who removes the sample package and the date of such removal; the name of the licensee to whom any sample is given, together with the brand, type of alcoholic beverage, and quantity thereof, and the date the sample is given. Such records of samples shall be retained for a period of three years.

(b) Gifts. Licensees or officers, agents or employees of licensees may make gifts of alcoholic beverages to nonlicensees provided such gifts are not made in connection with the sale of an alcoholic beverage.

Notes

Cal. Code Regs. Tit. 4, § 52

1. Amendment of subsection (a)(6) filed 12-6-68; designated effective 1-8-69 (Register 68, No. 46). For prior history, see Register 55, No. 4.
2. Amendment of subsection (a) (2) filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).

Note: Authority cited: Sections 23025, 23386, 25750 and 25752, Business and Professions Code and Section 22 of Article XX, California Constitution. Reference: Sections 23025, 23386 and 25752, Business and Professions Code.

1. Amendment of subsection (a)(6) filed 12-6-68; designated effective 1-8-69 (Register 68, No. 46). For prior history, see Register 55, No. 4.
2. Amendment of subsection (a) (2) filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).