40 Pa. Code § 13.51 - General prohibition
(a) Except
as provided herein and in §
13.52 (relating to advertising
novelties), no in-State or out-of-State manufacturer, licensee or group of
licensees, their servants, agents or employees, may directly or indirectly, in
person, individually or through a trade organization, contribute to or accept
from another licensee or group of licensees of a different class, their
servants, agents or employees or a trade organization of licensees of a
different class, anything of value by means of advertisements, contributions,
purchase, sale of tickets, donations or by any device, for any
purpose.
(b) Manufacturers of
alcoholic beverages and their servants, agents, employees or representatives
are not prohibited from participating in the activities of conventions of State
or National organizations of retail liquor licensees, or distributor or
importing distributor malt beverage licensees. The participation shall be
limited to the payment of registration fees entitling the registrant to
admission to the convention, to the insertion of advertising in the convention
program of the State or National convention and to the furnishing of food,
beverages and entertainment to persons who are bona fide registrants at the
conventions.
(c) This section does
not prohibit an in-State or out-of-State manufacturer, licensee or trade
organization from providing another in-State or out-of-State manufacturer,
licensee or trade organization routine business entertainment as defined in
§
13.1 (relating to definitions).
The routine business entertainment shall be subject to the following
conditions:
(1) Routine business entertainment
shall be provided without a corresponding obligation on the part of the
recipient to purchase alcoholic beverages or to provide any other benefit to
the donor or to exclude or restrict from sale the products of any other
licensee or in-State or out-of-State manufacturer.
(2) The donor, its servants, agents or
employees shall accompany the recipient during routine business entertainment.
When items such as tickets are donated by manufacturers to importing
distributors for the ultimate use of retailers, the donor is considered to be
the importing distributor and it is the importing distributor, or its servants,
agents or employees, who shall accompany the retailer.
(3) Routine business entertainment that
requires or includes an overnight stay is prohibited.
(4) No more than $800 may be spent in a
calendar year on any recipient licensee.
(5) Included under the $800 yearly
entertainment cap for a recipient licensee are the licensee, a spouse,
employees and guests.
(6)
Licensees, in-State manufacturers and out-of-State manufacturers shall keep
complete and accurate records of all expenses incurred and all routine business
entertainment received for 2 years. These records must contain the name of the
recipient and donor of the entertainment, the type of routine business
entertainment, the date and, in the case of a donor, the amount of expenditure
for each occasion.
(d)
After prior written agreement, manufacturers may reimburse importing
distributors or distributors for the cost of affixing the manufacturers' beer
brand logos to importing distributors' or distributors' delivery
vehicles.
(e) The sponsorship of a
tasting upon a licensed premises will not be considered giving or accepting a
thing of value.
Notes
The provisions of this § 13.51 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
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