Subchapter A. ADVERTISING
GENERAL PROVISIONS Sec.
13.1. Definitions.
13.2. Applicability.
DISTILLED SPIRITS
13.11. Mandatory statements.
13.12. Lettering.
13.13. Prohibited statements.
13.14. [Reserved].
13.15. General prohibition and enforcement.
13.16. Further prohibitions.
WINE
13.21. Mandatory statements.
13.22. Lettering.
13.23. Prohibited statements.
13.24. [Reserved].
13.25. General prohibition and enforcement.
13.26. Further prohibitions.
13.27. Board participation in wine events.
ADVERTISING OF BRAND NAMES
13.41. Malt or brewed beverages.
13.42. Window and doorway display.
13.43. Interior display.
GIVING AND ACCEPTING THINGS OF VALUE
13.51. General prohibition.
13.52. Advertising novelties.
13.53. Bar spending/free drinks.
13.54. Point of sale (POS) incentive programs—defined.
13.56. Permissable point of sale (POS) incentive programs.
MISCELLANEOUS PROVISIONS
13.61. Labeling and advertising of wine and distilled spirits.
13.62. Distribution of price lists, circulars or handbills.
Source The provisions of this Subchapter A adopted April 24, 1970, unless otherwise noted.
GENERAL PROVISIONS
§ 13.1. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Advertisement—Any promotion through the medium of newspapers, magazines or similar publications, except that the term does not include the following:(i) Any label affixed to a container of distilled spirits or wine, or any covering, carton or wrapper of the container.
(ii) Any editorial or other reading matter in any periodical, publication or newspaper for the preparation or publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any person subject to this subchapter.
Person—An individual, partnership, joint-stock company, business trust, association, corporation or other form of business enterprise, including a receiver, trustee or liquidating agent.
Routine business entertainment—Meals, beverages, tickets or passes to concerts, theaters, arts, sporting or charitable events provided to licensees, trade organizations or in-State manufacturers by licensees, trade organizations, in-State manufacturers or out-of-State manufacturers. For purposes of this definition, the term ‘‘licensee’’ includes all entities licensed under the Liquor Code including liquor importer licensees and vendor permittees.
Wine—Any fermented alcoholic beverage produced from grapes, fruit or other agricultural products, which contains 7.0% or more alcohol by volume, and includes, but is not limited to, still wines, sparkling wines, carbonated wines, imitation wines, vermouth, cider, perry, sake or any product offered for sale as wine.
Source The provisions of this § 13.1 amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4920. Immediately preceding text appears at serial page (222632).
Cross References This section cited in 40 Pa. Code § 13.51 (relating to general prohibition).
§ 13.2. Applicability.
(a) No person engaged in business as a producer, manufacturer, bottler, importer, wholesaler or retailer of distilled spirits or wine, directly or indirectly, or through an affiliate, shall publish, disseminate or cause to be published or disseminated in any newspaper, magazine or similar publication, any advertisement of distilled spirits or wine unless such advertisement is in conformity with this subchapter.
(b) These provisions do not apply to the publisher of any newspaper, magazine, or similar publication, unless such publisher is engaged in business as a producer, manufacturer, bottler, importer, wholesaler or retailer of distilled spirits, or wine, directly or indirectly or through an affiliate.
DISTILLED SPIRITS
§ 13.11. Mandatory statements.
(a) Every advertisement of distilled spirits under this subchapter shall conform to the following:
(1) Responsible advertiser. The advertisement shall state the name and address of the producer, manufacturer, bottler, importer or wholesaler responsible for its publication. The street name and number may be omitted in the address.
(2) Class, type and distinctive designation. The advertisement shall contain a conspicuous statement of the class, type or other designation of the product, corresponding with the complete designation which appears on the brand label of the product.
(3) Alcoholic content. The alcoholic content shall be stated in the manner and form in which it appears on the labels of the distilled spirits advertised.
(4) Percentage of neutral spirits and name of commodity. In the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production, there shall be stated in the advertisement the percentage of neutral spirits used and the name of the commodity from which such neutral spirits have been distilled in substantially the form in which such statements appear on the labels of the distilled spirits advertised. In the case of neutral spirits or of gin produced by a process of continuous distillation, there shall be stated in the advertisement the name of the commodity from which such neutral spirits or gin has been distilled substantially in the form in which such statement appears on the labels of the distilled spirits advertised.
(5) ‘‘Line’’ or ‘‘Brand’’ advertisements. Where an advertisement does not mention a specific product but merely refers to a class of distilled spirits, and the advertiser markets more than one brand of distilled spirits of that class, or where the advertisement refers to several classes of distilled spirits marketed under a single brand, the only mandatory information under this section applicable to such advertisement is the name and address of the responsible advertiser.
(6) Retail establishments. Advertisements by retail establishments which merely refer to the availability of distilled spirits in such establishments but which make no other reference to a specific brand shall be subject only to the provisions of § 13.13 (relating to prohibited statements).
(7) Advertising of price and size. Advertisements of distilled spirits which show store prices shall use the phrase ‘‘Retail Price’’ in quoting the current State Liquor Store retail price. Where reference to licensee discount is made the advertisement shall display the statement ‘‘Discount to Licensees,’’ and such phrase should appear on the line below ‘‘Retail Price.’’
(b) Wholesale prices shall not be shown in advertisements except in the case of direct mail advertisements to licensees, of special liquor order merchandise, which may show the total wholesale case price, as released by the Board.
(c) A quart shall be advertised as ‘‘quart,’’ 4/5 quart as ‘‘fifth’’ or ‘‘4/5 quart,’’ a pint as ‘‘pint,’’ and the like, and all characters shall be of the same size.
§ 13.12. Lettering.
Mandatory statements required by this subchapter shall appear in lettering of a size, kind, and color sufficient to render them readily conspicuous and legible. Required information shall particularly conform to the following:
(1) It shall be stated against a contrasting background and in type or lettering which is at least the equivalent of eight-point type.
(2) It shall be so stated as to appear to be part of the advertisement and shall not be separated from the remainder of the advertisement in any manner.
(3) It shall not be concealed in unrequired descriptive matter or decorative designs.
(4) Where an advertisement relates to more than one product, the required information shall appear in such a manner as to clearly indicate the particular products to which it is applicable.
Cross References This section cited in 40 Pa. Code § 13.22 (relating to lettering).
§ 13.13. Prohibited statements.
No advertisement of distilled spirits may contain any of the following:
(1) Any statement that is false or misleading.
(2) Any statement that is disparaging of the products of a competitor.
(3) Any statement or representation which is obscene.
(4) Any statement or representation relating to analyses, standards or tests likely to mislead the consumer, irrespective of falsity.
(5) Any statement or representation relating to any guaranty likely to mislead the consumer, irrespective of falsity.
(6) Any statement that the product is produced or sold in accordance with any authorization, law or regulation of any municipality, county, State, Federal or foreign government, unless such statement is specifically required or authorized by the laws or regulations of such entity. Where a municipal, county, State or Federal permit number is stated, such permit number shall not be accompanied by any additional statement relating thereto.
(7) Any statement concerning a brand or lot of distilled spirits that is inconsistent with any statement on the labeling thereof.
(8) Any statement or representation that the use of any distilled spirits has curative or therapeutic effects, where such statement is untrue tends to create a misleading impression.
(9) Any statement that the distilled spirits were manufactured in, or imported from, a place other than that of actual origin, or were produced or processed by one who was not the true producer or processor.
(10) Any statement or representation of, relating to, or capable of being construed as relating to the Armed Forces of the United States, the American Flag, any state flag or any emblem, seal, insignia or decoration associated with such a flag or the Armed Forces of the United States; or any statement or representation of or concerning any flag, seal, coat of arms, crest, other insignia, or Pennsylvania Keystone, likely to falsely lead the consumer to believe that the product has been endorsed, made, used by, produced for, under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, insignia, or Pennsylvania Keystone is associated.
(11) The words ‘‘bond,’’ ‘‘bonded,’’ ‘‘bottled in bond,’’ ‘‘aged in bond’’ or phrases containing these or synonymous terms, unless such words or phrases appear in the advertisement in the form in which they appear upon the label.
(12) Any statement or representation concerning the age of any brand or lot of distilled spirits, unless a statement of age appears on the label of such product. Where any such statement or representation is contained, it shall include all parts of the statement concerning age and percentages, which appear on the label. An advertisement for any whisky or brandy which does not bear a statement of age on the label, or for rum four or more years old, may contain general inconspicuous age representations, for example, ‘‘Aged in Wood,’’ ‘‘Mellowed in fine oak casks,’’ etc.
(13) Any statement or representation referring to religious holidays. References to the Christmas holiday season may be made where such references do not include strictly religious themes. The continued use of labels and advertisements for certain products which for many generations have referred to monasteries and religious orders will be permitted.
(14) Any statement or representation implying that the consumption of distilled spirits enhances athletic prowess, or any reference to any known athlete, if it implies that the use of distilled spirits contributed to the athletic achievements of such person.
(15) Any illustration of a person which is immodest, undignified or in bad taste.
(16) Any illustration depicting the use of distilled spirits in a scene which is undignified, immodest or in bad taste.
(17) Any offer of a prize or award to a consumer for the completion of any contest requiring a purchase of the advertised product. No distilled spirits advertisement shall promote a game of chance or lottery.
Cross References This section cited in 40 Pa. Code § 13.11 (relating to mandatory statements); and 40 Pa. Code § 13.23 (relating to prohibited statements).
§ 13.14. [Reserved].
Source The provisions of this § 13.14 reserved November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial page (222636).
§ 13.15. General prohibition and enforcement.
(a) All types of advertising not specifically permitted in this subchapter are prohibited.
(b) The advertising of anything unlawful is prohibited.
(c) The Board may investigate and order the immediate discontinuance of any acts in violation of the provisions of this Subchapter.
(d) Nothing contained in this Subchapter shall exclude any other enforcement power granted the Board either by the provisions of the Liquor Code or any provisions of this title.
Cross References This section cited in 40 Pa. Code § 13.25 (relating to general prohibition and enforcement).
§ 13.16. Further prohibitions.
In addition to the prohibitions of this subchapter, advertisers of distilled spirits in publications shall comply with all further prohibitions contained in the Liquor Code, particularly in section 493 (47 P. S. § 4-493).
WINE
§ 13.21. Mandatory statements.
(a) Every advertisement of wine subject to this subchapter shall conform with the following:
(1) Responsible advertiser. Every advertisement shall state the name and address of the producer, bottler, importer or wholesaler responsible for its publication. The street name and number may be omitted in the address.
(2) Class, type and distinctive designation. Every advertisement shall contain a conspicuous statement of the class, type or other designation of the product, corresponding with the complete designation which appears on the brand label of the product.
(3) Retail establishments. Advertisements by retail establishments which merely refer to the availability of wine in such establishments but which make no other reference to a specific brand of wine shall be subject only to the provisions of § 13.23 (relating to prohibited statements).
(4) Advertising of price and size. Advertisements of wine which show store prices shall use the phrase ‘‘Retail Price’’ in quoting the current State Liquor Store retail price. Where reference to licensee discount is made the advertisement shall display the statement ‘‘Discount to Licensees,’’ and such phrase should appear on the line below ‘‘Retail Price.’’
(b) No wholesale prices shall be shown in wine advertisements except that direct mail advertisements to licensees, of special liquor order merchandise, may show the total wholesale case price, as released by the Board.
(c) A quart shall be advertised as ‘‘quart,’’ 4/5 quart as ‘‘fifth’’ or ‘‘4/5 quart,’’ and a pint as ‘‘pint,’’ and the like, and all characters shall be of the same size.
§ 13.22. Lettering.
Mandatory statements required by this subchapter shall appear in lettering of a size, kind, and color sufficient to render them readily conspicuous and legible. Required information shall particularly conform to the provisions listed in § 13.12 (relating to lettering).
§ 13.23. Prohibited statements.
No advertisement of wine under this subchapter may contain any of the following:
(1) Any of the statements described in § 13.13(1)—(6) (relating to prohibited statements).
(2) Any statement concerning a brand or lot of wine which is inconsistent with any statement on the labeling thereof.
(3) Any statement, design or device representing that the use of any wine has curative or therapeutic effects, if such statement is untrue in any particular, or tends to create a misleading impression.
(4) Any statement that the wine was manufactured in, or imported from, a place other than that of actual origin, or was produced or processed by one who was not the true producer or processor.
(5) Any statement or representation of, relating to, or capable of being construed as relating to the Armed Forces of the United States, the American flag, any state flag or any emblem, seal, insignia or decoration associated with such a flag or the Armed Forces of the United States; nor any statement or representation of or concerning any flag, seal, coat of arms, crest, other insignia or Pennsylvania Keystone, likely to falsely lead the consumer to believe that the product has been endorsed, made, used by, produced for, under the supervision of, or in accordance with the specifications of the government, organization, family, or individual with whom such flag, seal, coat of arms, crest, insignia or Pennsylvania Keystone is associated.
(6) Any statement of bonded winecellar and bonded winery numbers, unless stated in direct conjunction with the name and address of the person operating such winery or storeroom. Statement of bonded winecellar and bonded winery numbers may be made in the following form: ‘‘Bonded Winecellar No.
,’’ ‘‘Bonded Winery No.
,’’ ‘‘B.W.C. No.
’’ or ‘‘B.W. No.
.’’ No additional reference thereto shall be made, nor shall any use be made of such statement that may convey the impression that the wine has been made or matured under U.S. or any state government supervision, or in accordance with U.S. or any state government specifications or standards.(7) Any statement or representation relating to alcoholic content or which tends to create the impression that a wine is ‘‘unfortified’’ or ‘‘fortified,’’ has intoxicating qualities, or contains distilled spirits, except where a reference to distilled spirits in a statement of composition is required by this subchapter to appear as a part of the designation of the product.
(8) Any statement relating to age except in the following instances:
(i) In the case of vintage wine, the year of vintage may be stated if it appears on the label.
(ii) Truthful references of an informative nature relating to methods of production involving storage or aging (such as ‘‘This wine has been mellowed in oak casks,’’ ‘‘Stored in small barrels,’’ or ‘‘Matured at regulated temperatures in our cellars’’) may be made.
(iii) The statement of any bottling date will not be deemed a representation of age if such statement appears in the following form: ‘‘Bottled in
’’, (inserting the year in which the wine was bottled).(iv) No date, except as provided in subparagraphs (i)—(iii) shall be stated unless, in addition direct conjunction therewith, in the same size and kind of printing there is stated an explanation of the significance of such date. Where reference is made to the date of establishment of any business, such date may be stated without undue emphasis and in direct conjunction with the name of the person to whom it refers.
(9) Any statement or representation referring to religious holidays. References to the Christmas holiday season may be made where such references do not include strictly religious themes. The continued use of statements or illustrations alluding to the traditional use of wine, or the historical development of the wine growing industry in connection with the establishment of early religious communities which might be associated with religious origins or development, will be permitted.
(10) Any statement or representation implying that the consumption of wine enhances athletic prowess, or any reference to any known athlete, if it implies that the use of wine contributed to the athletic achievements of such person.
(11) Any illustration of a person which is immodest, undignified or in bad taste.
(12) Any illustration depicting the use of wine in a scene which is undignified, immodest or in bad taste.
(13) Any offer of a prize or award to a consumer for the completion of any contest requiring a purchase of the advertised product. No wine advertisement shall promote a game of chance or lottery.
Cross References This section cited in 40 Pa. Code § 13.21 (relating to mandatory statements).
§ 13.24. [Reserved].
Source The provisions of this § 13.24 reserved November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial page (274521).
§ 13.25. General prohibition and enforcement.
The advertising of wine shall be subject to the regulations set forth in § 13.15 (relating to general prohibition and enforcement).
§ 13.26. Further prohibitions.
In addition to the provisions of this subchapter, advertisers of wine in publications shall comply with all further prohibitions contained in the Liquor Code, particularly in section 493 (47 P. S. § 4-493).
§ 13.27. Board participation in wine events.
(a) Section 215(e) of the Liquor Code (47 P. S. § 2-215(e)) authorizes the Board to sponsor or participate in wine events. A ‘‘wine event’’ is a show, demonstration, exposition or festival that has a purpose of educating consumers about wine that is available in this Commonwealth.
(b) Persons seeking Board sponsorship or participation in a wine event shall submit a request in writing to the Board at least 60 days prior to the first day of the wine event.
(c) If the Board decides to sponsor or participate in the wine event, it will issue a letter of authority to the event organizer. The Board’s letter will describe the premises upon which the wine event will be held.
(d) If the Board decides not to sponsor or participate in the wine event, the Board’s decision is final, and may not be appealed.
(e) Wine to be used in a wine event that the Board sponsors or participates in may be acquired and possessed in accordance with the following:
(1) Wine donated for the wine event may be shipped directly to the wine event organizer or its agents.
(2) Records showing the amount, types and brands of all wine received, the identity of the donors and the dates received and documents evidencing payment of all necessary taxes shall be forwarded to the Board prior to the wine event.
(3) Wine obtained for the wine event that is not used at the wine event shall be returned to the donor, donated to a nonprofit, charitable organization registered with the Department of State or destroyed and may not be sold.
(4) Wine may also be obtained for the wine event through the Board’s wine and spirits stores.
(f) The Board’s letter of authority authorizes the wine event organizer or its agents to possess and transport wine for the wine event.
(g) Participation in the wine event, including the service and consumption of wine, may be conditioned on the purchase of a ticket to the wine event. The wine event organizer, its agents or the Board may sell tickets. Sale of tickets by the wine event organizer or its agents does not constitute the unlawful sale of alcohol.
(h) The wine event organizer shall appoint a manager who shall be present on the premises at all times during the wine event.
(i) The Board may sell wine for off-premises consumption in an area it designates at the wine event. The Board shall comply with the provisions of the Liquor Code governing retail sales at Wine and Spirits Stores, except that advance advertisement or notice posting by the Board of the location of the designated sales area is not required and provisions granting a right of protest will not be applicable.
(j) If the premises where the wine event is to occur is licensed by the Board, the licensee will not be cited under the Liquor Code for conduct occurring on the licensed premises during the wine event, so long as the licensee, its employees or agents are not directly involved in the violation and are not participating in the operation or management of the wine event.
Authority The provisions of this § 13.27 issued under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 13.27 adopted January 5, 2007, effective January 6, 2007, 37 Pa.B. 16.
ADVERTISING OF BRAND NAMES
Source The provisions of these § § 13.41—13.43 adopted June 26, 1952, amended through April 24, 1970, unless otherwise noted.
§ 13.41. Malt or brewed beverages.
Manufacturers and importing distributors of malt or brewed beverages may include the names and addresses of all distributors and importing distributors to whom they sell in the locality covered by the advertising. No discrimination may be shown to one distributor or importing distributor over another, and where more than one distributor or importing distributor purchases the products from the manufacturer or importing distributor in the area covered by the advertisement, the names and addresses of all who purchase the product directly from the advertiser shall be displayed or mentioned in equal prominence. Where this is not done, none may be displayed or mentioned.
Source The provisions of this § 13.41 amended November 15, 1985, effective September 25, 1985, 15 Pa.B. 4131. Immediately preceding text appears at serial page (4242).
§ 13.42. Window and doorway display.
(a) A licensee may install or permit to be installed any electrically operated signs or devices, lithographs, framed pictures, cardboard displays, statuettes, plaques, placards, streamers or similar items advertising brand names and intended for window and doorway display on the licensed premises.
(b) Advertising may not exceed 600 square inches in display area. When the advertising material is of maximum size, no background material may be used. When installing signs of smaller size, the combined area of the sign and background or decoration may not exceed the maximum area of 600 square inches.
Source The provisions of this § 13.42 amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5699; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial page (274522).
Cross References This section cited in 40 Pa. Code § 13.43 (relating to interior display).
§ 13.43. Interior display.
(a) A licensee may install or permit to be installed electrically operated signs or devices, lithographs, framed pictures, cardboard displays, statuettes, plaques, placards, streamers or similar items advertising brand names and intended for interior display on the licensed premises.
(b) When the point-of-sale material, as described in subsection (a), is of maximum value as set by the Board, no background material may be used in conjunction with the installation.
(c) Signs or displays intended for use interchangeable in a window, doorway or in the interior must meet the requirements for both maximum area, as provided in § 13.42 (relating to window and doorway display) and maximum value as set by the Board.
Authority The provisions of this § 13.43 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 13.43 amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5699; amended January 19, 2001, effective January 20, 2001, 31 Pa.B. 430; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears at serial pages (325015) to (325016).
GIVING AND ACCEPTING THINGS OF VALUE
Source The provisions of these § § 13.51—13.52 adopted June 26, 1952; amended through April 24, 1970, unless otherwise noted.
§ 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.
Authority The provisions of this § 13.51 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 13.51 adopted June 26, 1952; amended through April 24, 1970; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4920; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139; amended March 5, 2010, effective March 6, 2010, 40 Pa.B. 1149. Immediately preceding text appears at serial pages (325016) to (325017).
§ 13.52. Advertising novelties.
(a) Under section 493(24) of the Liquor Code (47 P. S. § 4-493(24)), advertising novelties of nominal value may be distributed by manufacturers or any class of licensee to trade or consumer buyers. Advertising novelties include matches, disposable lighters, bottle or can openers, caps, tee shirts, recipe pamphlets, pens, corkscrews and ashtrays, which bear advertising matter.
(b) Advertising novelties may not contain obscene or pornographic matter or references.
(c) Nominal value, as used in this subsection, means an amount not to exceed a monetary limit established and disseminated by the Board. Advertising novelties provided by manufacturers or any class of licensee may not be used as equipment by any hotel, restaurant, club, retail dispenser, importing distributor or distributor licensee. Notwithstanding any other provisions of this section, licensees may sell glasses at not less than cost and provide metal keg connectors and tap knobs to other licensees and to holders of special occasion permits. Manufacturers or importers may furnish, give, rent, loan or sell wine lists or menus to retail licensees. The wine lists/menus may involve cooperative endeavors related to cost sharing and advertisement between manufacturers/importers and retail licensees. Wine lists/menus for on-premises use may contain preprinted prices.
(d) Advertising banners/signs for exterior use are considered advertising novelties if the banners/signs conspicuously advertise the alcoholic beverage products sold by the licensee or the name of the manufacturer of alcoholic beverage products sold by the licensee. Exterior advertising banners/signs must comply with section 498 of the Liquor Code (47 P. S. § 4-498).
(e) Advertising banners/signs that are used for interior display are not subject to the advertising novelty cost limit, but are subject to the point of sale advertising cost limit as set by the Board in its Advisory Notice No. 10 (as amended).
(f) Licensees of any class may sell promotional items advertising their own business only, such as tee shirts, mugs, caps and other similar items, to the general public.
Source The provisions of this § 13.52 amended March 21, 1986, effective May 21, 1986, 16 Pa.B. 954; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (274524) and (248701).
Cross References This section cited in 40 Pa. Code § 13.51 (relating to general prohibition).
§ 13.53. Bar spending/free drinks.
Representatives of manufacturers and licensees may give or purchase an alcoholic beverage for consumers in retail licensed premises provided the giving of the alcoholic beverage is not contingent upon the purchase of any other alcoholic beverage and is limited to one standard-sized alcoholic beverage per patron in any offering. A standard-sized alcoholic beverage is 12 fluid ounces of a malt or brewed beverage, 4 fluid ounces of wine (including fortified wine) and 1 1/2 fluid ounces of liquor.
Source The provisions of this § 13.53 adopted November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139.
§ 13.54. Point of sale (POS) incentive programs—defined.
A POS incentive program provides prizes for nonlicensed buyers to purchase and for distributors/importing distributors to promote the sale of a brand of malt or brewed beverages. These promotions feature displays or advertisements at the location where a sale is made.
Authority The provisions of this § 13.54 issued under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 13.54 adopted January 5, 2007, effective January 6, 2007, 37 Pa.B. 16.
§ 13.56. Permissible point of sale (POS) incentive programs.
(a) A POS incentive program must be sponsored by a manufacturer or importing distributor of malt or brewed beverages.
(b) The composite value of prizes available to nonlicensed buyers shall be at least three times the value of prizes available to distributors/importing distributors.
(c) Associated display and novelty items must be directed at and available for nonlicensed buyers.
(d) A prize may not be given to every participant.
(e) The value of a prize for a nonlicensed buyer may not exceed $1,500.
(f) The POS incentive program may not incorporate a payment to licensees based on the number of cases displayed.
(g) The POS incentive program shall be approved in advance by the Office of Chief Counsel, Pennsylvania Liquor Control Board.
Authority The provisions of this § 13.56 issued under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 13.56 adopted January 5, 2007, effective January 6, 2007, 37 Pa.B. 16.
MISCELLANEOUS PROVISIONS
Source The provisions of these § § 13.61—13.62 adopted June 26, 1952; amended through April 24, 1970, unless otherwise noted.
§ 13.61. Labeling and advertising of wine and distilled spirits.
Federal Regulation No. 4, as amended, relating to labeling and advertising of wine, and Federal Regulation No. 5, as amended, relating to labeling and advertising of distilled spirits, are applicable to the traffic in wine and distilled spirits within this Commonwealth.
§ 13.62. Distribution of price lists, circulars or handbills.
(a) Except as provided in subsection (b), no licensee may distribute, by mail, personally, or through servants, agents or employes, price lists, circulars or handbills off the licensed premises to the general public as a means of advertising liquor, wine, or malt or brewed beverages.
(b) Distributors, importing distributors, manufacturers of malt or brewed beverages, or licensed vendors selling liquors to the Board and holding a Manufacturer, Importer or Limited Winery License or vendor’s permit may notify licensed purchasers by mail, personally, or through servants, agents, or employes, of the sales price of malt or brewed beverages or liquors, or may furnish descriptive brochures, pamphlets or items of a similar nature, to licensed purchasers. The rough copy and layouts for all proposed direct mail advertising shall be submitted before use to the Board for approval. Further, Limited Winery Licensees may notify prospective purchasers other than licensees by mail, personally, or through servants, agents, or employes, of the sales price of wines, or may furnish descriptive brochures, pamphlets or other items of similar nature, to such other prospec tive purchasers provided that such other prospective purchasers have requested in writing to be placed on the mailing list of Limited Winery Licensees.
Source The provisions of this § 13.62 amended May 9, 1980, effective May 10, 1980, 10 Pa.B. 1878. Immediately preceding text appears at serial page (4245).
Notes of Decisions Price Lists
The presence and distribution of handbills inside the premises of a beer distributor do not constitute advertising, and this section is not violated when patrons remove price lists from the premises. State Police v. Case Beer & Soda Outlet, Inc., 627 A.2d 226 (Pa. Cmwlth. 1993).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
