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42.11.251    UNLAWFUL ACTS

(1) Sections 16-1-304, 16-2-105, 16-3-101, 16-3-103, 16-6-104, and 16-6-301, MCA, provide that certain practices in connection with the sale of alcoholic beverages shall be unlawful. All vendors and registered vendor representatives shall be familiar with and abide by these statutes.

(2) Although not limiting the scope of the statutory provisions, and with the exception of the consumer advertising specialties stated in ARM 42.11.245, the following practices are prohibited:

(a) to grant, allow, pay, or rebate merchandise or any other thing of value to any licensee, state liquor store agent or anyone affiliated with either, including the purchase of merchandise at retail for delivery to a licensee;

(b) to grant, allow, or pay anything of value to a licensee, state liquor store agent, or anyone affiliated with either, for the privilege of displaying advertising;

(c) to purchase drinks "for the house" to induce the purchase of a product;

(d) to induce department personnel to promote the sale of a product. This prohibition does not apply to discussions between vendors or registered vendor representatives and department employees with regard to the department's purchase of liquor;

(e) to grant, allow, or pay money or anything of substantial value to licensees or their agents or employees to induce the sale of a product;

(f) to represent, expressly or by implication, that a vendor or registered vendor representative is affiliated with or has any influence over any department of the state government; or

(g) to repurchase, replace, or exchange any product purchased by licensees or other persons from agency liquor stores.

History: 16-1-103, 16-1-303, MCA; IMP, 16-1-304, 16-2-105, 16-3-101, 16-3-103, 16-6-104, 16-6-301, MCA; NEW, Eff. 9/4/75; AMD, 1979 MAR p. 1120, Eff. 9/28/79; AMD, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff. 10/16/87; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2003 MAR p. 2899, Eff. 12/25/03; AMD, 2007 MAR p. 478, Eff. 4/13/07; AMD, 2015 MAR p. 2093, Eff. 11/26/15.

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