11 CSR 70-2.040 - Manufacturers, Wholesalers and Distributors
PURPOSE: To revise this rule that defines ordinary commercial credit and advertising items that are allowed to be provided to retailers by manufacturers, wholesalers, and distributors; to reflect the elimination of Chapter 312, RSMo, regarding nonintoxicating beer. The division's name will be changed to Division of Alcohol and Tobacco Control in all applicable sections.
(1)
Except as provided in section
311.070,
RSMo, no retail licensee, directly or indirectly, may accept any loans,
equipment, money, credit, or property of any kind, except ordinary commercial
credit. Except as provided in section
311.070,
RSMo, no retail licensee may permit any distiller, wholesaler, wine maker,
solicitor, brewer or employees, officers, or agents, under any circumstances to
have any direct or indirect financial interest in his/her retail business for
the sale of intoxicating liquor, and s/he shall not accept, directly or
indirectly, from a distiller, wholesaler, wine maker, solicitor, brewer or its
employees, officers, or agents any loan, gift, equipment, money, credit, or
property of any kind except ordinary commercial credit for intoxicating liquor
sold to the retailer. A retailer may accept, to properly preserve and serve
draught beer and to properly preserve and serve draught wine, only equipment
and services as allowed in section
311.070,
RSMo.
(A) A sale by a licensed wholesaler to
a licensed retailer of intoxicating liquor at a price which is less than the
cost of the intoxicating liquor to the licensed wholesaler making the sale is
presumed (subject to rebuttal as set out in this rule) to constitute a gift of
money or property to the licensed retailer in violation of this regulation and
sections
311.060
and
311.070,
RSMo.
(B) The word cost as used in
this regulation means the actual invoice charge for the merchandise by the
supplier of the merchandise to the wholesaler, manufacturer, brewer, or
solicitor, plus the cost of transportation to the wholesaler and all federal
and Missouri excise taxes and custom duties allocable to the
merchandise.
(C) The presumption
may be rebutted by reasonable proof that the fair wholesale market value of the
intoxicating liquor in question is less than the cost of intoxicating liquor to
the wholesaler selling the same, and has been designated as close-out
merchandise pursuant to section 311.335.3, RSMo and
11 CSR
70-2.190(2)(D). A licensed wholesaler
may not use close-out pricing as an inducement for retailers to purchase other
intoxicating liquors.
(2)
No distiller, wholesaler, wine maker, solicitor, brewer or employees, officers,
or agents of same may, directly or indirectly, pay any fee rental or other
consideration to any retail licensee for the use of any part of the licensed
retail premises for advertising any brand name of distilled spirits, wine, or
malt liquor, or for the purpose of advertising the name, trademark, or trade
name of any marker of the trademark.
(3) Except as provided in section
311.070,
RSMo, no distiller, solicitor, wholesaler, wine maker, brewer or their
employees, officers, or agents, directly or indirectly, may give or offer to
give any financial assistance, gratuity, or make or offer to make any gift of
their products to any retail licensee.
Notes
*Original authority: 311.660, RSMo 1939, amended 1989.
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