(a.)
Representative License. All distillery, brewery and winery vendors' agents,
salesmen, solicitors, brokers, sales consultants, a nd representatives shall be
licensed with the Division in accordance with the provisions of these rules. No
individual shall act as an agent, salesman, broker, sales consultant, or
solicitor for any vendor in promoting the sales of a vendor's products in
Wyoming unless he has been properly licensed.
(b.) License Fee. The fee for a class A,
class B, or class C representative's license, as set by the division, shall be
payable at the time of application to the Liquor Division, at 1520 East 5th
Street, Cheyenne, Wyoming 82002.
(c.) Duration of License. A representative's
license shall be a personal privilege, good for one (1) year unless sooner
suspended or revoked. All licenses shall expire on June 30 of each year. All
applications for renewal of licenses and license fees shall be filed with the
Division forty- five (45) days prior to the date of expiration.
(d.) Verification of Employment. Application
for a class A representative license shall be accompanied by a written
statement from the vendor(s) whose products the applicant proposes to
represent. The vendor's statement shall verify the applicant's employment or
contractual arrangement, and shall contain a request that the applicant be
licensed to represent its particular brand or brands in Wyoming. Application
for a class B representative license shall be accompanied by a written
statement from a class A representative. The statement from the class A
representative shall verify the applicant's employment or contractual
arrangement, and shall contain a request that the applicant be licensed to
represent products represented by the class A representative. Application for a
class C representative license shall be accompanied by a written statement from
a class A representative indicating the event for which the class C
representative shall be licensed.
(e.) Privileges of Licensed Representatives.
Class A representative shall be responsible for the presentation of products,
to the division, for listing and delisting per policies established by the
division. Properly licensed class A or class B representatives may advertise
and promote the sale of vendors' products and shall be permitted to call upon
liquor licensees to insure product identification, advance notice of new
listings, delistings, product changes, and other pertinent information.
Licensed representatives shall not be permitted to place liquor orders from
retail licensees with the Division.
(f.) Representation. All vendors shall notify
the Division, in writing, upon the employment or termination of any class A
representative promoting the sale of its products within Wyoming. A
representative may represent more than one company. All class A representatives
shall notify the division, in writing, upon the employment or termination of
any class B representatives promoting the sale of assigned products within
Wyoming.
(g.) Sampling.
Definition: Sampling is defined as displaying to a licensed
retailer the smallest quantity available for the buyer to determine the quality
of the product offered.
Sampling Rules:
Provided that all applicable state and federal laws, rules,
and regulations pertaining to the shipment of alcoholic beverages into Wyoming
are strictly adhered to, samples are not prohibited.
A class A or class B industry representative may furnish or
give a sample of an alcoholic beverage to a licensee, his agents or employees,
who have not previously purchased the brand from that industry representative.
For each retail establishment, such samples are limited as follows: the
industry representative may give not more than 3 gallons of any brand of malt
beverage, not more than 500 milliliters of any brand of distilled spirits, and
not more than 3 liters of any brand of wine. If a particular product is not
available in a size within the quantity limitations of this section, an
industry representative may furnish to a retailer the next larger size. If a
licensee, their agents or employees have previously purchased a product, an
industry representative may not furnish any samples.
The use of samples shall not be abused by the distribution of
unopened bottles or cases to the retail licensee in the form of a bonus of free
goods or an inducement for future purchases.
The seal on all sample bottles shall be broken at the time of
sampling.
Class A and class B representatives may be permitted to
purchase samples from the Division. The Division shall establish limits,
policies, and procedures for the individual purchase of sample products.
(h.) Advertising, Display and
Promotional Materials.
The giving or offering of a bonus, premium, compensation or
other thing of value by an industry representative to any licensee, their
owners, officers, employees or representatives for their exclusive or personal
use is prohibited.
No advertisement of alcoholic beverages should:
Contain a statement, design, device, or representation which
is obscene or indecent.
Contain a statement, design, or device representing that the
use of the product has curative or therapeutic effects, if such statement is
untrue in any particular, or tends to create a misleading impression.
Contain an offer to a consumer of a prize, premium, or award
upon completion of a contest, or otherwise promote any contest among consumers
where a purchase is mandatory or conditional.
Contain any statement which is disparaging of a competitor's
products, false, or misleading in any material way.
All advertising, display and promotional materials of vendors
shall be sent to class A or class B representatives directly. This type of
material shall not be consigned to the Division.
(i.) Private Labels. The use of private or
personal labels on any alcoholic beverage container offered for sale or use in
Wyoming is not prohibited provided all private and personal labels have
received approval from the Alcohol and Tobacco Tax and Trade Bureau (TTB).
Documentation of TTB approval shall be provided to the Division prior to any
alcoholic beverage container with a private or personal label attached being
offered for sale or use in Wyoming.
(j.) Special Orders. Orders for merchandise
not carried in inventory by the Division are permitted by written request from
the retailer.
(k.) General Business
Practices. The division shall maintain written policies and procedures
necessary to conduct the day to day business of a wholesale operation. Parties
affected by a policy may receive a copy by submitting a written request to the
division.
(l.) Minimum Purchase
Requirement.
W.S.
12-4-103(c) requires a
minimum purchase requirement within the prior one year term to be eligible for
renewal. For any retail license which may have less than a one year prior term,
the minimum requirement shall be prorated to match the actual prior term of the
retail license being renewed.
(m.)
Application Reviews. Pursuant to W.S. W.S.
W.S.
12-4-104(d), applications
filed with the local licensing authority shall be forwarded by the local
licensing authority to the division and the division shall review each such
application and certify the same as complete when appropriate. The local
licensing authority shall be responsible for ensuring the application contains
correct information.
(n.) Sales Tax
and Liquor Licenses. To administer the requirement set forth in W.S.12-2- 306,
the person stated on the liquor license or permit shall be the same person
stated on the sales tax license unless a special circumstance exception has
been applied for in writing to the Division by the liquor licensee or permitee
and approved by the Director.
