(a) No wholesaler permittee shall sell to any purchaser holding a permit for the sale of alcoholic liquor for on or off premises consumption at a price which is below such wholesaler permittee's cost. For the purposes of this section, “cost” means: (1) On domestic alcoholic liquor bottled in the state, the total of (A) the cost of all ingredients, (B) all transportation charges from the point of origin to the point of destination, (C) all applicable federal and state taxes, and (D) the cost of containers, labels, caps, closures and all bottling charges and labor; (2) on imported alcoholic liquor bottled in the state, the total of (A) the invoice price from the supplier, (B) all other ingredients, (C) the cost of duties, (D) all applicable federal and state taxes, (E) insurance, (F) ocean freight and brokerage charges, (G) all transportation charges, and (H) the cost of containers, labels, caps, closures and all bottling charges and labor; (3) on domestic alcoholic liquors not bottled in this state, the total of (A) the posted price from the supplier to the wholesaler, (B) the cost of shipping or delivery charges to the wholesaler's place of business which were paid by the wholesaler in addition to the posted price, and (C) all applicable federal and state taxes paid by the wholesaler in addition to the posted price; (4) on imported alcoholic liquor not bottled in the state, the total of (A) the posted price from the supplier, (B) the cost of duties, insurance, ocean freight and brokerage charges and transportation charges paid by the wholesaler in addition to the posted price, and (C) all applicable federal and state taxes paid by the wholesaler in addition to the posted price. The provisions of this section shall not apply to sales of wine.
(b) Subject to prior approval from the manufacturer or out-of-state shipper, a wholesaler may sell to a retail licensee a nonuniform case, containing bottles only of one family brand. Wholesalers who do not hold exclusive rights to a given brand trademark may also sell to a retail licensee a nonuniform case containing bottles only of one family brand, provided all of the bottles in such nonuniform case are available to all nonexclusive wholesalers who also have rights to the given brand trademarks. For purposes of this subsection, “family brand” means a group of different products belonging to a single brand that are marketed under a parent brand.
(P.A. 81-294, S. 2, 22; P.A. 03-19, S. 70; P.A. 19-24, S. 9.)
History: P.A. 03-19 made technical changes, effective May 12, 2003; P.A. 19-24 designated existing provisions re price of alcoholic liquor sold by wholesaler permitee as Subsec. (a) and added Subsec. (b) re sale of nonuniform case, effective June 5, 2019.