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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, of the Montana Alcoholic Beverage Code, provide that certain practices in connection with the sale of alcoholic beverages shall be unlawful. All vendors and their brokers and 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 advertising specialties stated in ARM 42.11.245, the following practices violate one or more of the statutes cited in (1):

(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 particular brands;

(d) to induce department personnel to promote the sale of particular brands. This prohibition does not apply to discussions between vendors or 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 in order to induce the sale of particular brands;

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

(g) to repurchase, replace, or exchange any liquors purchased by licensees or other persons from state 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.

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