On-Premises Brand Promotions
Manufacturers and wholesalers may conduct on-premises brand promotions at retail licensees as long as all MLCC standards and provisions are met. Any deviation without prior approval from the Commission may result in citations against the sponsoring vendor and the participating retail licensee.
The Commission must be notified in writing, a minimum of five working days prior to the event of the date, time and location of the event and you may hold no more than three events per retail licensee within a calendar month. A participating retailer may not receive any fee or other valuable consideration for participating in an on-premises promotion and suppliers, wholesalers and licensed representatives are not allowed to furnish any alcoholic liquor (including beer or wine) to participating retailers.
There may be no advertising of the on-premises promotion by any party off the licensed premises through banners, flyers, radio advertising or by any other means. Inside point of sale material may be utilized, provided that it is not illuminated and not more than 3,500 square inches in dimension.
Certain approved items such as logoed coasters, napkins, stir rods, placemats, tubs and buckets may be used during a promotion but all such items must be removed from the retailer’s premises by the close of business on the day of the promotion. Logoed apparel may be worn by the employees of the retailer only during the hours of the promotion but all logoed apparel must also be removed from the retailer’s premises by the close of business on the day of the promotion.
Anyone attending the promotion and promoting alcoholic beverages in any manner on behalf of a sponsoring vendor must hold a valid salesperson license and the supplier or wholesaler conducting the promotion must have a licensed representative present at the establishment to set up and to remove any logoed items after the promotion. A licensed representative must be present during the hours of the promotion when brand logoed merchandise is to be given away to consumers. Licensed representatives may distribute merchandise to consumers who are 21 years of age or older during a promotion but the maximum total value of all merchandise distributed to consumers on any given day is $100.00. No alcoholic beverage purchase or consumption may be required for awarding merchandise to consumers. All merchandise given to consumers must be distributed by a licensed representative and not by the retailer. Merchandise may be awarded to consumers through contests and any random drawing awarding logoed prizes must be open to anyone 21 years of age or older who wishes to participate and winners need not be present to win. Any contests awarding merchandise must comply with all MLCC rules including the issuance of any necessary entertainment permits required by the retailer.
Vendors of spirits are permitted to give spirit branded logoed glassware to consumers through “Keep the Glass” promotions. This is the only way that brand logoed glassware may be distributed to consumers and brand logoed glassware may not be given to consumers in any other manner. During the hours of promotion consumers may purchase a drink in a spirit brand logoed container and may keep the container but a maximum of two spirit brand logoed glasses may be sold to any individual consumer during a promotion. The sponsoring vendor of the spirits must have a licensed representative present during all hours of a “Keep the Glass” promotion. Brand logoed glassware may not contain the name of any retail licensee and must be removed from the retailer’s premises by the close of business on the day of the promotion. Glassware given to consumers this way does not count toward the $100.00 limit of merchandise that can be distributed to consumers.
Participating retailers must comply with all MLCC statutes and rules.
The MLCC will continue to review these guidelines and may modify them as they deem necessary. Following is a link to the promotions administrative order.
View Full Section in Administrative Order regarding On-Premises Promotions 10/27/1999