Substitute House Bill No. 5306
Substitute House Bill No. 5306
PUBLIC ACT NO. 98-4
AN ACT CONCERNING LIQUOR WHOLESALER FLOOR STOCK
ALLOWANCES AND DEPLETION ALLOWANCES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 30-94 of the general statutes is
repealed and the following is substituted in lieu
thereof:
(a) No permittee or group of permittees
licensed under the provisions of this chapter, in
ANY transaction with another permittee or group of
permittees, shall directly or indirectly offer,
furnish or receive any free goods, gratuities,
gifts, prizes, coupons, premiums, combination
items, quantity prices, cash returns, loans,
discounts, guarantees, [inducements or] special
prices [,] or other inducements IN CONNECTION with
the sale of alcoholic beverages or liquors. No
SUCH permittee shall require any purchaser to
accept additional alcoholic liquors in order to
make a purchase of any other alcoholic liquor.
(b) NOTWITHSTANDING THE PROVISIONS OF
SUBSECTION (a) OF THIS SECTION AND SUBSECTION (b)
OF SECTION 30-63, A HOLDER OF A MANUFACTURER
PERMIT ISSUED UNDER SUBSECTION (a) OF SECTION
30-16 OR AN OUT-OF-STATE SHIPPER'S PERMIT FOR
ALCOHOLIC LIQUOR OTHER THAN BEER ISSUED UNDER
SECTION 30-18 MAY OFFER AND PROVIDE TO A HOLDER OF
A WHOLESALER PERMIT ISSUED UNDER SUBSECTION (a) OF
SECTION 30-17 A FLOOR STOCK ALLOWANCE OR A
DEPLETION ALLOWANCE, OR BOTH, WITH THE PRIOR
APPROVAL OF THE DEPARTMENT. SUCH ALLOWANCES SHALL
BE OFFERED AND PROVIDED ON A NONDISCRIMINATORY
BASIS TO ALL SUCH WHOLESALER PERMITTEES AUTHORIZED
TO DISTRIBUTE THE PRODUCTS OF ANY SUCH
MANUFACTURER OR OUT-OF-STATE SHIPPER PERMITTEE IN
ACCORDANCE WITH SUCH REQUIREMENTS AS THE
DEPARTMENT MAY PRESCRIBE BY REGULATION ADOPTED
UNDER CHAPTER 54, PROVIDED (1) NO SUCH
MANUFACTURER OR OUT-OF-STATE SHIPPER PERMITTEE MAY
REQUIRE ANY SUCH WHOLESALER PERMITTEE TO
PARTICIPATE IN ANY PROGRAM PROVIDING SUCH
ALLOWANCES, AND (2) THE RATE OR PERCENTAGE USED TO
CALCULATE ANY SUCH ALLOWANCE MAY NOT VARY BASED ON
THE QUANTITY OF ALCOHOLIC LIQUOR OTHER THAN BEER
THAT IS SOLD. AS USED IN THIS SUBSECTION, "FLOOR
STOCK ALLOWANCE" MEANS ANY REBATE, DISCOUNT OR
OTHER INDUCEMENT THAT IS GIVEN TO A WHOLESALER
PERMITTEE TO BE USED FOR THE SALES PROMOTION OR
THE DESTRUCTION OF ANY ALCOHOLIC LIQUOR OTHER THAN
BEER THAT IS STORED IN THE WHOLESALER PERMITTEE'S
WAREHOUSE OR OTHER STORAGE FACILITIES AT THE TIME
SUCH REBATE, DISCOUNT OR OTHER INDUCEMENT IS
GIVEN, AND "DEPLETION ALLOWANCE" MEANS ANY REBATE,
DISCOUNT OR OTHER INDUCEMENT USED FOR THE SALES
PROMOTION OF ANY ALCOHOLIC LIQUOR OTHER THAN BEER
THAT IS GIVEN TO A WHOLESALER PERMITTEE BASED ON
THE AMOUNT OF SUCH ALCOHOLIC LIQUOR SUBJECT TO
SUCH PROMOTION THAT IS SOLD AT WHOLESALE BY THE
WHOLESALER PERMITTEE.
Approved April 24, 1998