As used in this subchapter, the following definitions apply:

(1) "Adult" means a person 21 years of age or older.

(2) "Bailment" means the product at the department's Helena warehouse that is owned by the vendor. All product shipped into the Helena warehouse will be received as bailment and will remain until depleted or redelivered to the vendor.

(3) "Bailment warehouse" means the designated building in Helena where product is received, stored, and shipped from.

(4) "Base case cost" as it applies to liquor and fortified wine means the supplier's quoted price and the department's current freight rate to state agency liquor stores.

(5) "Beyond vendor's control" means that a vendor has considered all mitigated measures.

(6) "Broker" means a person, partnership, association, or corporation under contract to a vendor to arrange for the employment and registration of the vendor's representatives as provided by these rules and/or to supervise those representatives.

(7) "Consumer advertising specialties" are items that are designed to be carried away by the consumer, such material includes, but is not limited to: trading stamps, nonalcoholic mixers, pouring racks, ash trays, bottle or can openers, cork screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets, blotters, post cards, pencils, shirts, caps, and visors.

(8) "Discontinued product" means a product that is no longer available to the state.

(9) "Employ" means to engage the services of a person either through direct supervision and control of the person or through a contract for services with the person.

(10) "List" means to establish a product's availability according to one of the classifications in ARM 42.11.405.

(11) "Point of sale advertising materials" are items designed to be used within a retail establishment to attract consumer attention to the product. Such material includes, but are not limited to: posters, placards, designs, inside signs (electric, mechanical, or otherwise), window decorations, trays, coasters, mats, menu cards, meal checks, paper napkins, foam scrapers, back bar mats, thermometers, clocks, calendars, and alcoholic beverage lists or menus.

(12) "Posted price" as it applies to liquor and fortified wine, means the wholesale price of liquor and fortified wine sold to persons holding a liquor license issued by the department, and an excise tax and license tax as provided in Title 16, chapter 1, part 4, MCA, the total of which is rounded up to the next nickel increment.

(13) "Product" means a brand of liquor.

(14) "Promotional product" means a new product that is promoted.

(15) "Promote" means to:

(a) solicit product sales at state agency liquor stores, licensees, special events, and/or the general public;

(b) contribute to the growth of products through the state agency liquor stores, licensees, special events, and/or the general public;

(c) disseminate product information to state agency liquor stores, licensees, special events, and/or the general public; and

(d) distribute product samples in accordance with ARM 42.11.243.

(16) "Regular product" means products with the highest sales volumes.

(17) "Representative" means a person employed and registered, as provided by these rules, by a vendor to promote the sale of the vendor's product in Montana.

(18) "Sample" means a liquor product furnished by a liquor vendor to registered brokers and representatives for the purpose of promoting the product.

(19) "Special order product" means products that have sold less than 24 cases annually.

(20) "Vendor" means a person, partnership, association, or corporation selling liquor to the department and to whom the department makes payment for liquor received.

(21) "Vendor's permit" means a permit issued to a vendor entitling the vendor to promote the sale of its products in Montana through representatives registered in accordance with these rules.

(22) "Warehouse supply product" means products that are not regular products but sell 24 or more cases annually.