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TABC has historically interpreted "advertising benefiting a specific retailer" to mean any form of advertising by a supplier or wholesaler which draws attention to or promotes a specific retailer or group of retailers. It includes any form of advertising which lists a retailer’s trade name, logo, trademarks, etc.
Yes, as long as the retailer does not receive a benefit of any kind from the manufacturer or distributor for stating the brand name in the advertisement. The retailer must bear all cost associated with the advertisement. See sections 102.15, 108.05, 108.06 of the Alcoholic Beverage Code.
Manufacturing and wholesaler tiers may advertise retail locations where their products may be purchased. However, no financial remuneration, incentive, inducement, or compensation for advertising is allowed between a member of one tier and a member of another tier. Marketing Practices Bulletin MPB0049, "Changes to Current Regulations – Advertising and Labeling" authorizes manufacturers and wholesalers to engage in this activity. Section 108.09 of the Code authorizes a winery to engage in this activity.
If the permittee/licensee meets the requirements for being an independent concessionaire who has no control over any event held at the location, the commission may consider the request based on the facts of the situation.
As stated in Rule 45.113(d)(3): "(d) Signs provided to retailers…(3) A sign furnished by a distributor or authorized member of the manufacturing tier may not bear the name, logo or trademark of a specific retailer." A retailer may not have their trade name on a sign (or banner) furnished by a distributor or manufacturer and may not place their name on a sign provided by a distributor or manufacturer. Signs which are unique and cannot be used by any other retailer are generally in violation of this rule.
Signs which are unique and cannot be used by any other retailer are generally in violation of this rule; however, a specific situation may be examined to determine if the sign is in conflict with the rule.
Members of the upper tiers may "furnish, give or sell" signs to retailers (Rule 45.113(d)). However, a manufacturer or distributor may not give a retailer anything of value, to obtain an advertising service, such as the display of a banner, all or partial payment of the band, and promotional clothing worn by the band (Alcoholic Beverage Code, §108.05). Thus, whether a band may advertise a brand of alcoholic beverages on retail premises is determined by whether the manufacturer/distributor has given anything of value for the "sponsorship."