Tenn. Comp. R. & Regs. 0100-03-.06 - ADVERTISING MATERIALS WITHIN RETAIL PREMISES

(1) Who May Supply and Install. Subject to the provisions of Rule 0100-06-.03, manufacturers, importers, non-resident sellers, and non-manufacturer non-resident sellers, or any representative thereof may give, rent, loan or sell to Tennessee licensed wholesalers, but to no other person, signs, posters, placards, decorations, employee clothing, devices, statuettes or geographic displays - printed, painted or electric - for point-of-sale brand advertising, provided such items include branding or advertising of products or brands directly controlled by the manufacturers, importers, non-resident sellers, non-manufacturer non-resident sellers, providing such items. Wholesalers may install or set up such materials in the windows or elsewhere in the interior of a retail establishment. Retailers may not give, rent, loan, or sell such material referenced above to a consumer.

(2) Restrictions on Advertising Within a Retail Premises.

(a) All advertising materials provided under paragraph (1) of this Rule must conform to Rule 0100-03-.01(1) with the only exception being that such material may contain specific prices and statements of pecuniary appeal.

(b) All such material must have the primary value to the retailer of brand advertising only. Brand advertisements must be an integral and not easily separable part of any material that has a secondary or utility value (such as change mats, calendars, thermometers, ash trays, lamps, bottle racks, etc.).

(3) Prohibitions.

(a) The practice of painting the interior of retail licensed premises under the guise of advertising is prohibited. Decorating with crepe paper, "Corabuff" matting, or similar material as a background or setting for advertising material only is permitted but such decoration is limited to a twenty (20) square foot area, per manufacturer, importer, nonresident seller, non-manufacturer non-resident seller, wholesaler, or representative thereof.

(b) Except as permitted by the provisions of Rule 0100-06-.03, no manufacturer, importer, non-resident seller, non-manufacturer non-resident seller, wholesaler, or representative thereof, shall give, rent, loan, or sell a retail license any fixtures, furnishings, or equipment of a permanent nature under the guise of advertising except as permitted by Rule 0100-06-.01, et seq.

(c) No manufacturer, importer, non-resident seller, non-manufacturer non-resident seller, wholesaler, or representative thereof, shall directly or indirectly through an agent pay, credit, or otherwise offer any inducement whatsoever to the retailer for displaying such materials as authorized herein for any expenses incidental thereto.

Notes

Tenn. Comp. R. & Regs. 0100-03-.06

Original rule certified June 7, 1974. Amendment filed December 1, 1980; effective March 31, 1981. Amendment by Public Chapter 261; effective July 1, 1983. Amendment filed May 10, 1983; effective August 15, 1983. Amendment filed September 9, 1983; effective October 11, 1983. Repeal and new rules filed March 10, 2010; effective June 8, 2010. Repeal and new rules filed January 25, 2019; to have become effective April 25, 2019. However, the Government Operations Committee filed a 60-day stay of the effective date of the rules; new effective date 6/24/2019.

Authority: T.C.A. §§ 57-1-209, 57-3-104, 57-4-201, and 57-818.