804 KAR 1:100 - General advertising practices
RELATES TO: KRS 244.130, 244.500, 244.590
NECESSITY, FUNCTION, AND CONFORMITY: KRS 244.130 authorizes the Department of Alcoholic Beverage Control to regulate the advertising of alcoholic beverages. This administrative regulation establishes standards for advertising in a manner consistent with modern marketing practices.
Section 1. Definition. "Social media" means
all forms of electronic communication through which users create online
communities to share information, ideas, personal messages, and other
content.
Section 2.
(1) A licensee may use outdoor
advertising.
(2) If outdoor
advertising is used by a manufacturer, producer, brewer, winery, distributor,
or wholesaler, it shall not:
(a) Include a
retail licensee's name or business designation (DBA); or
(b) Refer to a retail licensee in any other
way.
Section
3. A licensee may advertise in material directed to the home or
business of a consumer if the advertising material is in conformity with
KRS
244.130 and this administrative
regulation.
Section 4.
(1) Except as provided by subsections (2) and
(3) of this section, advertising novelties may be used.
(2) A licensee shall not require the purchase
or consumption of an alcoholic beverage as a condition for the sale, gift, or
reduction in price of an advertising novelty.
(3) Except as provided by
KRS
244.590(2)(a), a malt
beverage distributor shall not sell, give away, or furnish advertising
novelties, in any manner to a retail licensee.
Section 5. A licensee may advertise by means
of radio and television.
Section 6.
A licensee may advertise by means of the Internet and social media.
Section 7.
(1) A licensee may sponsor or cosponsor
athletic leagues, tournaments, contests, and charitable events if the
consumption or purchase of alcoholic beverages is not a requirement for
participation.
(2) A licensee
sponsoring or cosponsoring an event described in subsection (1) of this section
upon a retail licensed premises shall not require the retail licensee to
purchase, sell, or distribute the products of the sponsoring licensee as a
condition for participation in or in connection with the
event.
Section 8. A
licensee shall not use the terms "free", "complimentary", or any other terms,
which imply or suggest giveaways in the advertising of alcoholic
beverages.
Section 9. A licensee
shall not advertise a product, service, or activity if the licensee is
prohibited by statute or administrative regulation from selling, providing, or
conducting it.
Notes
STATUTORY AUTHORITY: KRS 241.060, 244.130
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