Agenda - 04-09-1997 - 2a - Laserfiche WebLink

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M. REMIlVDER'REGARDING PROHIBITED ACTIVITIES. ' r•+4sj :r ; ABG►_Comml sion regulations provide that: (a) Distillerreps may not contact ABC store personnel for the purpose of promoting their merchandise. . "Store personnel" means any local ABC store employee who is in a subordinate •position to the buyer or general manager. Distiller reps shall not converse with store personnel in order to influence the sale of particular brands of liquor, the location of particular brands, or the location of authorized point-of-sale merchandising or display spaces (unless a particular employee has been designated as the person to deal with reps regarding POS matters) (b) Distiller reps may not give liquor or anything of value to store personnel. This prohibition includes advertising novelties such as caps, hats, pens, t-shirts, and the like. Store personnel shall be equally as guilty as the rep if they ask for or accept advertising novelties or any other thing of value. (c) N.C.Gen. Stat. 18B-1116(a)(3) prohibits a manufacturer of alcoholic beverages, or an affiliate of such manufacturer, from lending to or giving to any alcoholic beverage retailer in this State (and that includes local ABC boards), or to its employees, or to the owner of property on which an alcoholic beverage retailer does business, any money, service, equipment, furniture, fixtures or any other, thing of value. According to ABC Commission Memo No. 2499, for the purposes of the statute, a "thing of value or gift" includes any gratuity, favor, discount, entertainment, hospitality, loan, tickets or other items having monetary' value. It includes services as well as gifts of training, transportation, local travel, lodging, entertainment fees and meals. Advertising novelties will not be construed to be a "thing of value" pursuant to G.S. 18B-1116(a)(3) as it pertains to local ABC board members and buyers. As an additional exception to 18B- 1116(aa)(3), the Commission will allow modest hospitality provided by an industry member, organization or association to all attendees as an integral part of a North Carolina Association of ABC Boards meeting, or in conjunction with an NABCA conference. Memo No. 2499 states that the receipt of unsolicited"meals has, in the, past, been deemed an accepted business practice, but it cautions that "it is never inappropriate," and frequently prudent, to decline any gift offered by an industry member"_ since the acceptance -of-meals; may tie perceived by the`public`As'improper. .. '� .�.. i 4� ``a.t l - '..� •.._ j 7 i Yj, ♦t � v�lf tiff's IJ" `'� a;t�T.. {'�'+ Memo No,2499 contains a request that each board,..:"seta.,policy for`then buyers`and other board approved personnel regarding the receipt of-unsoliciied'meals and gift's from industry," and that the policy be submitted to the ABC. Commission .office. 2