Ga. Comp. R. & Regs. R. 560-2-2-.19 - Trade Practices - Promotional Items and Marketing Events

(1) A Wholesaler, Broker, Importer, or Manufacturer may conduct "marketing events" in Georgia as a promoting or sponsoring party.

(a) The marketing event shall be at no cost to the participants;

(b) The person promoting or sponsoring the marketing event ("promoter") shall notify all of its accounts within its sales territories of the marketing event;

(c) If the marketing event cannot accommodate all of the accounts of the promoter, then the promoter shall timely notify all accounts and advise them that due to a limitation there will be a drawing to select which accounts will attend the event;

1. The promoter shall provide, without cost to its accounts, a reasonably acceptable means for interested parties to register for the drawing, or in the alternative, upon notification place all of its accounts into the drawing for selection.

2. The promoter shall notify all accounts of the winner or winners as applicable.

(d) For purposes of this regulation the term "marketing event" means any marketing activity sponsored by Wholesalers, Brokers, Importers, or Manufacturers during which the total value of all non-alcoholic items given by Wholesalers, Brokers, Importers, or Manufacturers may not exceed $300 per Brand in a single retail establishment in a rolling twelve-month period;

1. A "rolling" twelve month period is defined as the twelve months prior to the most recent occurrence.

2. Wholesalers, Brokers, Importers, or Manufacturers may not pool or combine dollar limitations in order to provide products or services to a Retailer or Retail Consumption Dealer valued in excess of $300 per Alcohol Type.

3. The following are not considered "marketing events" as defined in these regulations:

(i) Licensed Special Event as provided for in Rule 560-2-11-.02;

(ii) Trade Show as provided for in Rule 560-2-2-.22;

(iii) Promotional Events as provided for in Rule 560-2-2-.20.

(e) For two years after the date of each marketing event, Wholesalers, Brokers, Importers, or Manufacturers shall keep and maintain records of all items furnished to Retailers or Retail Consumption Dealers under this Regulation;

1. Commercial records or invoices may be used to satisfy this record-keeping requirement if the following required information is shown:

(i) The name and address of the Retailer or Retail Consumption Dealer receiving the item;

(ii) The date furnished;

(iii) The item furnished;

(iv) The Wholesaler's, Broker's, Importer's, or Manufacturer's cost of the item furnished (determined by the Manufacturer's invoice price of the item); and

(v) Charges to the Retailer or Retail Consumption Dealer for any item.

(2) All promotional items and marketing events are to be available on equal terms to all similarly situated accounts of the sponsoring party.

(3) Banners for internal or external use at promotional events may be provided at no cost to the non-Licensee and may be displayed at the event.

(a) The banners shall not refer to any specific Retailer or Retail Consumption Dealer or to the fact that an Alcoholic Beverage business is located at or in the promotional event location.

(4) A Wholesaler, Broker, Importer, or Manufacturer may provide promotional items, excluding tobacco products, Alcoholic Beverage products, and lottery products, directly to consumers on the premises of a Retailer or Retail Consumption Dealer, provided that all patrons are given an equal chance for such items without charge and without any purchase being required.

(a) Permitted Wholesaler, Broker, Importer, or Manufacturer employees or agents must be present to provide the items to patrons;

(b) These items shall be delivered concurrently with the arrival of the permitted agents or employees and such employees or agents must remove any items not distributed upon their departure.

(5) A Wholesaler, Broker, Importer, or Manufacturer may not make any payment, reimbursement, or compensation of any kind or character to any Retailer or Retail Consumption Dealer for any purpose, either directly or indirectly, or through a third-party arrangement.

Notes

Ga. Comp. R. & Regs. R. 560-2-2-.19

O.C.G.A. §§ 3-2-2, 3-2-6.

Original Rule entitled "Emergency Movement of Beverage Alcohol" adopted. F. May 5, 1982; eff. May 25, 1982. Repealed: New Rule entitled "Trade Practices - Promotional Items and Marketing Events" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010. Amended: F. May 31, 2023; eff. June 20, 2023.