Ga. Comp. R. & Regs. R. 560-2-4-.07 - Wholesaler Posted Price for Distilled Spirits and Malt Beverages
(1)
Every licensed Wholesaler of Distilled Spirits and/or Malt Beverages shall file
with the Commissioner a list setting forth all Alcohol Types, Brands, Brand
Labels and sizes of Distilled Spirits and Malt Beverages being handled by the
Wholesaler for each designated sales territory.
(2) All price listings for Distilled Spirits
and Malt Beverages shall be submitted via the Wholesaler's Georgia Tax Center
(GTC) account.
(a) All prices listed for
Distilled Spirits and Malt Beverages shall include all federal and state taxes.
Malt Beverage listings shall include county and municipal taxes.
(b) No licensed Wholesaler shall make any
sale of Distilled Spirits or Malt Beverages for any price lower than the price
posted with the Department, except that sales may be made less state tax to
persons entitled to exemption from such tax.
(3) Quantity discounts, including cash,
merchandise, and free Alcoholic Beverages provided by the licensed Wholesaler,
must be listed separately from the non-discounted price.
(a) Quantity discounts shall be for the same
Brand and Alcohol Type as required to be purchased to participate in the
quantity discount listed by the licensed Wholesaler;
(b) Quantity discounts as provided for may
not be used as a device or subterfuge to circumvent the provisions of Rule
560-2-2-.13;
(c) The quantity discount price shall be
available to all Retailers and Retail Consumption Dealers within the
Wholesaler's assigned sales territory;
(d) Quantity discount prices for Distilled
Spirits may continue for a maximum of sixty (60) calendar days from the initial
date of sale and delivery of the product to the Retailer or Retail Consumption
Dealer provided the applicable price posting specifically notes the
availability of the extended discount price on specific products;
(e) Quantity discounts for Malt Beverages
must be posted at the same time and for the same duration as the actual price
posting.
(4) All reported
prices shall be effective the Monday following the date of filing with the
Department and shall remain in effect until amended.
(5) Prices may not be amended for a period
of:
(a) Fourteen (14) days after the previous
effective filing date for Distilled Spirits;
(b) One hundred eighty (180) days after the
previous effective filing date for Malt Beverages.
1. The Commissioner may grant a waiver of the
one hundred eighty (180) day period for Malt Beverages when extenuating
circumstances are shown and subject to the following conditions:
(i) In the event a change in posted prices
for Malt Beverages is requested, the Wholesaler shall submit with the request
substantial documentation indicating to the satisfaction of the Commissioner
justification for such increase or decrease; and
(ii) In the event a waiver in writing is
granted for Malt Beverages by the Commissioner pursuant to this Regulation, no
subsequent increase or decrease in posted prices shall be permitted within a
period of one hundred eighty (180) days after the date of the approval and
waiver by the Commissioner unless a subsequent waiver is obtained from the
Commissioner in the same manner and under the same conditions as specified in
this Rule.
(6) Every Wholesaler, or Wholesaler employee,
when calling on Retailer or Retail Consumption Dealer for the purpose of
conducting business, shall have in their possession, and available to such
licensee, a copy of the price list as reported to the Commissioner.
Notes
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