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Subchapter A. ADVERTISING
GENERAL PROVISIONS Sec.
13.1. Definitions.
13.2. Applicability.
DISTILLED SPIRITS
13.11. Mandatory statements.
13.12. Lettering.
13.13. Prohibited statements.
13.14. [Reserved].
13.15. General prohibition and enforcement.
13.16. Further prohibitions.
WINE
13.21. Mandatory statements.
13.22. Lettering.
13.23. Prohibited statements.
13.24. [Reserved].
13.25. General prohibition and enforcement.
13.26. Further prohibitions.
13.27. Board participation in wine events.
ADVERTISING OF BRAND NAMES
13.41. Malt or brewed beverages.
13.42. Window and doorway display.
13.43. Interior display.
GIVING AND ACCEPTING THINGS OF VALUE
13.51. General prohibition.
13.52. Advertising novelties.
13.53. Bar spending/free drinks.
13.54. Point of sale (POS) incentive programsdefined.
13.56. Permissable point of sale (POS) incentive programs.
MISCELLANEOUS PROVISIONS
13.61. Labeling and advertising of wine and distilled spirits.
13.62. Distribution of price lists, circulars or handbills.
Source The provisions of this Subchapter A adopted April 24, 1970, unless otherwise noted.
GENERAL PROVISIONS
§ 13.1. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
AdvertisementAny promotion through the medium of newspapers, magazines or similar publications, except that the term does not include the following:(i) Any label affixed to a container of distilled spirits or wine, or any covering, carton or wrapper of the container.
(ii) Any editorial or other reading matter in any periodical, publication or newspaper for the preparation or publication of which no money or other valuable consideration is paid or promised, directly or indirectly, by any person subject to this subchapter.
PersonAn individual, partnership, joint-stock company, business trust, association, corporation or other form of business enterprise, including a receiver, trustee or liquidating agent.
Routine business entertainmentMeals, beverages, tickets or passes to concerts, theaters, arts, sporting or charitable events provided to licensees, trade organizations or in-State manufacturers by licensees, trade organizations, in-State manufacturers or out-of-State manufacturers. For purposes of this definition, the term licensee includes all entities licensed under the Liquor Code including liquor importer licensees and vendor permittees.
WineAny fermented alcoholic beverage produced from grapes, fruit or other agricultural products, which contains 7.0% or more alcohol by volume, and includes, but is not limited to, still wines, sparkling wines, carbonated wines, imitation wines, vermouth, cider, perry, sake or any product offered for sale as wine.
Source The provisions of this § 13.1 amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4920. Immediately preceding text appears at serial page (222632).
Cross References This section cited in 40 Pa. Code § 13.51 (relating to general prohibition).
§ 13.2. Applicability.
(a) No person engaged in business as a producer, manufacturer, bottler, importer, wholesaler or retailer of distilled spirits or wine, directly or indirectly, or through an affiliate, shall publish, disseminate or cause to be published or disseminated in any newspaper, magazine or similar publication, any advertisement of distilled spirits or wine unless such advertisement is in conformity with this subchapter.
(b) These provisions do not apply to the publisher of any newspaper, magazine, or similar publication, unless such publisher is engaged in business as a producer, manufacturer, bottler, importer, wholesaler or retailer of distilled spirits, or wine, directly or indirectly or through an affiliate.
DISTILLED SPIRITS
§ 13.11. Mandatory statements.
(a) Every advertisement of distilled spirits under this subchapter shall conform to the following:
(1) Responsible advertiser. The advertisement shall state the name and address of the producer, manufacturer, bottler, importer or wholesaler responsible for its publication. The street name and number may be omitted in the address.
(2) Class, type and distinctive designation. The advertisement shall contain a conspicuous statement of the class, type or other designation of the product, corresponding with the complete designation which appears on the brand label of the product.
(3) Alcoholic content. The alcoholic content shall be stated in the manner and form in which it appears on the labels of the distilled spirits advertised.
(4) Percentage of neutral spirits and name of commodity. In the case of distilled spirits (other than cordials, liqueurs, and specialties) produced by blending or rectification, if neutral spirits have been used in the production, there shall be stated in the advertisement the percentage of neutral spirits used and the name of the commodity from which such neutral spirits have been distilled in substantially the form in which such statements appear on the labels of the distilled spirits advertised. In the case of neutral spirits or of gin produced by a process of continuous distillation, there shall be stated in the advertisement the name of the commodity from which such neutral spirits or gin has been distilled substantially in the form in which such statement appears on the labels of the distilled spirits advertised.
(5) Line or Brand advertisements. Where an advertisement does not mention a specific product but merely refers to a class of distilled spirits, and the advertiser markets more than one brand of distilled spirits of that class, or where the advertisement refers to several classes of distilled spirits marketed under a single brand, the only mandatory information under this section applicable to such advertisement is the name and address of the responsible advertiser.
(6) Retail establishments. Advertisements by retail establishments which merely refer to the availability of distilled spirits in such establishments but which make no other reference to a specific brand shall be subject only to the provisions of § 13.13 (relating to prohibited statements).
(7) Advertising of price and size. Advertisements of distilled spirits which show store prices shall use the phrase Retail Price in quoting the current State Liquor Store retail price. Where reference to licensee discount is made the advertisement shall display the statement Discount to Licensees, and such phrase should appear on the line below Retail Price.
(b) Wholesale prices shall not be shown in advertisements except in the case of direct mail advertisements to licensees, of special liquor order merchandise, which may show the total wholesale case price, as released by the Board.
(c) A quart shall be advertised as quart, 4/5 quart as fifth or 4/5 quart, a pint as pint, and the like, and all characters shall be of the same size.
§ 13.12. Lettering.
Mandatory statements required by this subchapter shall appear in lettering of a size, kind, and color sufficient to render them readily conspicuous and legible. Required information shall particularly conform to the following:
(1) It shall be stated against a contrasting background and in type or lettering which is at least the equivalent of eight-point type.
(2) It shall be so stated as to appear to be part of the advertisement and shall not be separated from the remainder of the advertisement in any manner.
(3) It shall not be concealed in unrequired descriptive matter or decorative designs.
(4) Where an advertisement relates to more than one product, the required information shall appear in such a manner as to clearly indicate the particular products to which it is applicable.
Cross References This section cited in 40 Pa. Code § 13.11 (relating to mandatory statements); and 40 Pa. Code § 13.23 (relating to prohibited statements).
§ 13.14. [Reserved].
Source The provisions of this § 13.14 reserved November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial page (222636).
§ 13.15. General prohibition and enforcement.
(a) All types of advertising not specifically permitted in this subchapter are prohibited.
(b) The advertising of anything unlawful is prohibited.
(c) The Board may investigate and order the immediate discontinuance of any acts in violation of the provisions of this Subchapter.
(d) Nothing contained in this Subchapter shall exclude any other enforcement power granted the Board either by the provisions of the Liquor Code or any provisions of this title.
Cross References This section cited in 40 Pa. Code § 13.25 (relating to general prohibition and enforcement).
§ 13.16. Further prohibitions.
In addition to the prohibitions of this subchapter, advertisers of distilled spirits in publications shall comply with all further prohibitions contained in the Liquor Code, particularly in section 493 (47 P. S. § 4-493).
WINE
§ 13.21. Mandatory statements.
(a) Every advertisement of wine subject to this subchapter shall conform with the following:
(1) Responsible advertiser. Every advertisement shall state the name and address of the producer, bottler, importer or wholesaler responsible for its publication. The street name and number may be omitted in the address.
(2) Class, type and distinctive designation. Every advertisement shall contain a conspicuous statement of the class, type or other designation of the product, corresponding with the complete designation which appears on the brand label of the product.
(3) Retail establishments. Advertisements by retail establishments which merely refer to the availability of wine in such establishments but which make no other reference to a specific brand of wine shall be subject only to the provisions of § 13.23 (relating to prohibited statements).
(4) Advertising of price and size. Advertisements of wine which show store prices shall use the phrase Retail Price in quoting the current State Liquor Store retail price. Where reference to licensee discount is made the advertisement shall display the statement Discount to Licensees, and such phrase should appear on the line below Retail Price.
(b) No wholesale prices shall be shown in wine advertisements except that direct mail advertisements to licensees, of special liquor order merchandise, may show the total wholesale case price, as released by the Board.
(c) A quart shall be advertised as quart, 4/5 quart as fifth or 4/5 quart, and a pint as pint, and the like, and all characters shall be of the same size.
§ 13.22. Lettering.
This section cited in 40 Pa. Code § 13.21 (relating to mandatory statements).
§ 13.24. [Reserved].
Source The provisions of this § 13.24 reserved November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial page (274521).
§ 13.25. General prohibition and enforcement.
The advertising of wine shall be subject to the regulations set forth in § 13.15 (relating to general prohibition and enforcement).
§ 13.26. Further prohibitions.
The provisions of this § 13.27 issued under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 13.27 adopted January 5, 2007, effective January 6, 2007, 37 Pa.B. 16.
ADVERTISING OF BRAND NAMES
Source The provisions of these § § 13.4113.43 adopted June 26, 1952, amended through April 24, 1970, unless otherwise noted.
§ 13.41. Malt or brewed beverages.
Manufacturers and importing distributors of malt or brewed beverages may include the names and addresses of all distributors and importing distributors to whom they sell in the locality covered by the advertising. No discrimination may be shown to one distributor or importing distributor over another, and where more than one distributor or importing distributor purchases the products from the manufacturer or importing distributor in the area covered by the advertisement, the names and addresses of all who purchase the product directly from the advertiser shall be displayed or mentioned in equal prominence. Where this is not done, none may be displayed or mentioned.
Source The provisions of this § 13.41 amended November 15, 1985, effective September 25, 1985, 15 Pa.B. 4131. Immediately preceding text appears at serial page (4242).
§ 13.42. Window and doorway display.
(a) A licensee may install or permit to be installed any electrically operated signs or devices, lithographs, framed pictures, cardboard displays, statuettes, plaques, placards, streamers or similar items advertising brand names and intended for window and doorway display on the licensed premises.
(b) Advertising may not exceed 600 square inches in display area. When the advertising material is of maximum size, no background material may be used. When installing signs of smaller size, the combined area of the sign and background or decoration may not exceed the maximum area of 600 square inches.
Source The provisions of this § 13.42 amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5699; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial page (274522).
Cross References The provisions of this § 13.43 amended November 22, 1996, effective November 23, 1996, 26 Pa.B. 5699; amended January 19, 2001, effective January 20, 2001, 31 Pa.B. 430; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (274522) to (274523).
GIVING AND ACCEPTING THINGS OF VALUE
Source The provisions of this § 13.51 adopted June 26, 1952; amended through April 24, 1970; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4920; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (274523) to (274524).
§ 13.52. Advertising novelties.
(a) Under section 493(24) of the Liquor Code (47 P. S. § 4-493(24)), advertising novelties of nominal value may be distributed by manufacturers or any class of licensee to trade or consumer buyers. Advertising novelties include matches, disposable lighters, bottle or can openers, caps, tee shirts, recipe pamphlets, pens, corkscrews and ashtrays, which bear advertising matter.
(b) Advertising novelties may not contain obscene or pornographic matter or references.
(c) Nominal value, as used in this subsection, means an amount not to exceed a monetary limit established and disseminated by the Board. Advertising novelties provided by manufacturers or any class of licensee may not be used as equipment by any hotel, restaurant, club, retail dispenser, importing distributor or distributor licensee. Notwithstanding any other provisions of this section, licensees may sell glasses at not less than cost and provide metal keg connectors and tap knobs to other licensees and to holders of special occasion permits. Manufacturers or importers may furnish, give, rent, loan or sell wine lists or menus to retail licensees. The wine lists/menus may involve cooperative endeavors related to cost sharing and advertisement between manufacturers/importers and retail licensees. Wine lists/menus for on-premises use may contain preprinted prices.
(d) Advertising banners/signs for exterior use are considered advertising novelties if the banners/signs conspicuously advertise the alcoholic beverage products sold by the licensee or the name of the manufacturer of alcoholic beverage products sold by the licensee. Exterior advertising banners/signs must comply with section 498 of the Liquor Code (47 P. S. § 4-498).
(e) Advertising banners/signs that are used for interior display are not subject to the advertising novelty cost limit, but are subject to the point of sale advertising cost limit as set by the Board in its Advisory Notice No. 10 (as amended).
(f) Licensees of any class may sell promotional items advertising their own business only, such as tee shirts, mugs, caps and other similar items, to the general public.
Source The provisions of this § 13.52 amended March 21, 1986, effective May 21, 1986, 16 Pa.B. 954; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139. Immediately preceding text appears at serial pages (274524) and (248701).
Cross References This section cited in 40 Pa. Code § 13.51 (relating to general prohibition).
§ 13.53. Bar spending/free drinks.
Representatives of manufacturers and licensees may give or purchase an alcoholic beverage for consumers in retail licensed premises provided the giving of the alcoholic beverage is not contingent upon the purchase of any other alcoholic beverage and is limited to one standard-sized alcoholic beverage per patron in any offering. A standard-sized alcoholic beverage is 12 fluid ounces of a malt or brewed beverage, 4 fluid ounces of wine (including fortified wine) and 1 1/2 fluid ounces of liquor.
Source The provisions of this § 13.53 adopted November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139.
§ 13.54. Point of sale (POS) incentive programsdefined.
A POS incentive program provides prizes for nonlicensed buyers to purchase and for distributors/importing distributors to promote the sale of a brand of malt or brewed beverages. These promotions feature displays or advertisements at the location where a sale is made.
Authority The provisions of this § 13.54 issued under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 13.54 adopted January 5, 2007, effective January 6, 2007, 37 Pa.B. 16.
§ 13.56. Permissible point of sale (POS) incentive programs.
(a) A POS incentive program must be sponsored by a manufacturer or importing distributor of malt or brewed beverages.
(b) The composite value of prizes available to nonlicensed buyers shall be at least three times the value of prizes available to distributors/importing distributors.
(c) Associated display and novelty items must be directed at and available for nonlicensed buyers.
(d) A prize may not be given to every participant.
(e) The value of a prize for a nonlicensed buyer may not exceed $1,500.
(f) The POS incentive program may not incorporate a payment to licensees based on the number of cases displayed.
(g) The POS incentive program shall be approved in advance by the Office of Chief Counsel, Pennsylvania Liquor Control Board.
Authority The provisions of this § 13.56 issued under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).
Source The provisions of this § 13.56 adopted January 5, 2007, effective January 6, 2007, 37 Pa.B. 16.
MISCELLANEOUS PROVISIONS
Source The provisions of these § § 13.6113.62 adopted June 26, 1952; amended through April 24, 1970, unless otherwise noted.
§ 13.61. Labeling and advertising of wine and distilled spirits.
Federal Regulation No. 4, as amended, relating to labeling and advertising of wine, and Federal Regulation No. 5, as amended, relating to labeling and advertising of distilled spirits, are applicable to the traffic in wine and distilled spirits within this Commonwealth.
§ 13.62. Distribution of price lists, circulars or handbills.
(a) Except as provided in subsection (b), no licensee may distribute, by mail, personally, or through servants, agents or employes, price lists, circulars or handbills off the licensed premises to the general public as a means of advertising liquor, wine, or malt or brewed beverages.
(b) Distributors, importing distributors, manufacturers of malt or brewed beverages, or licensed vendors selling liquors to the Board and holding a Manufacturer, Importer or Limited Winery License or vendors permit may notify licensed purchasers by mail, personally, or through servants, agents, or employes, of the sales price of malt or brewed beverages or liquors, or may furnish descriptive brochures, pamphlets or items of a similar nature, to licensed purchasers. The rough copy and layouts for all proposed direct mail advertising shall be submitted before use to the Board for approval. Further, Limited Winery Licensees may notify prospective purchasers other than licensees by mail, personally, or through servants, agents, or employes, of the sales price of wines, or may furnish descriptive brochures, pamphlets or other items of similar nature, to such other prospec tive purchasers provided that such other prospective purchasers have requested in writing to be placed on the mailing list of Limited Winery Licensees.
Source The provisions of this § 13.62 amended May 9, 1980, effective May 10, 1980, 10 Pa.B. 1878. Immediately preceding text appears at serial page (4245).
Notes of Decisions Price Lists
The presence and distribution of handbills inside the premises of a beer distributor do not constitute advertising, and this section is not violated when patrons remove price lists from the premises. State Police v. Case Beer & Soda Outlet, Inc., 627 A.2d 226 (Pa. Cmwlth. 1993).
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