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42.11.243    SAMPLES

(1) Sample products must be shipped to the state liquor warehouse for distribution purposes at no charge to the state.

(2) A sample of liquor may only be purchased through state agency liquor stores by a registered liquor representative.

(3) The posted price for a sample liquor case is $12.00 for shipping and handling.

(4) Sample products, which must be in their original containers, may only be given to licensed all-beverage retailers or agency liquor store agents.

(5) Samples may not be given to a licensed all-beverage retailer or an agency liquor store agent who has purchased the brand within the last 12 months.

(6) A registered representative may not give more than three liters of a distilled spirit or a fortified wine as samples to an all-beverage retailer or agency liquor store agent within the last 12 months.

(7) On-premise consumption of samples must take place at a licensed all-beverage establishment or at a special event conducted under a catering endorsement.

(8) In addition to the consumption allowed under (7), all-beverage retailers and agency liquor store agents are allowed to consume samples, given to them at their establishment by a registered representative, on private property not otherwise licensed by this code.

(9) Sample products must meet the following criteria:

(a) samples are limited to primary packaging containing no more than 750 milliliters; and

(b) limit of 72 bottles per brand label, per vendor, per calendar year plus 720 bottles of 50 milliliters or 200 milliliters; or

(c) if a vendor does not produce a product in a size of 750 milliliters or less, then the next largest size may be substituted for the 750 milliliter.

(10) For samples cases to be removed from bailed inventory, the vendor must submit a request on a form provided by the department. A vendor must submit the form at least seven days prior to the requested ship date.

(11) In order to distribute samples, the vendor's representatives must be registered as required under ARM 42.11.211, and the vendor must hold a current vendor permit as required under ARM 42.11.213.

History: 16-1-303, MCA; IMP, 16-3-103, MCA; NEW, Eff. 9/4/75; AMD, 1979 MAR p. 1119, Eff. 9/28/79; AMD, 1985 MAR p. 165, Eff. 2/15/85; AMD, 1987 MAR p. 1795, Eff. 10/16/87; AMD, 1996 MAR p. 3146, Eff. 12/6/96; AMD, 2003 MAR p. 2899, Eff. 12/25/03; AMD, 2007 MAR p. 478, Eff. 4/13/07; AMD, 2011 MAR p. 451, Eff. 3/25/11; AMD, 2014 MAR p. 2793, Eff. 11/7/14.

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