§ 37-535. Financial interest in premises by manufacturers, wholesalers, etc., prohibited - Loans and credits to retailers unlawful.  


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  • It shall be unlawful for any manufacturer, wholesaler, Class B wholesaler, or person authorized to sell alcoholic beverages to a wholesaler, or any employee, officer, director, stockholder owning fifteen percent (15%) or more of the stock, any type of partner, manager, member or agent thereof, to directly or indirectly:

    1.  Have any financial interest in any premises upon which any alcoholic beverage or light beer is sold at retail or in any business connected with the retailing of alcoholic beverages or light beer as defined in Section 506 of this title;

    2.  Lend any money or other thing of value, or to make any gift or offer any gratuity, to any package store, mixed beverage, beer and wine or bottle club licensee or caterer;

    3.  Guarantee any loan or the repayment of any financial obligation of any retailer, mixed beverage, beer and wine or bottle club licensee or caterer;

    4.  Require any wholesaler, Class B wholesaler, retailer, mixed beverage, beer and wine licensee or caterer to purchase and dispose of any quota of alcoholic beverages, or to require any retailer to purchase any kind, type, size container, or brand of alcoholic beverages in order to obtain any other kind, type, size container, or brand of alcoholic beverages;

    5.  Sell to any retailer, mixed beverage, beer and wine licensee or caterer any alcoholic beverage on consignment, or upon condition, or with the privilege of return, or on any condition other than a bona fide sale; provided, the delivery in good faith, through mistake, inadvertence, or oversight, of alcoholic beverage that was not ordered by a retailer, mixed beverage licensee, beer and wine licensee, caterer or special event licensee to such licensee shall not be considered a violation of this paragraph, as long as action is taken to correct the error and all invoices and records of the transaction are corrected.  There shall be no time period imposed by the ABLE Commission for notification of or correction of the error; or

    6.  Extend credit to any retailer, other than holders of Federal Liquor Stamps on United States government reservations and installations, mixed beverage or beer and wine licensee or caterer other than a state lodge located in a county which has approved the retail sale of alcoholic beverages by the individual drink for on-premises consumption.  The acceptance of a postdated check or draft or the failure to deposit for collection a current check or draft by the second banking day after receipt shall be deemed an extension of credit.  Violation of this subsection shall be grounds for suspension of the license.

Added by Laws 1959, p. 158, § 35.  Amended by Laws 1985, c. 6, § 31, emerg. eff. March 14, 1985; Laws 1987, c. 180, § 6, emerg. eff. June 29, 1987; Laws 1989, c. 351, § 6, eff. Nov. 1, 1989; Laws 1994, c. 361, § 12; Laws 1995, c. 192, § 10, eff. Sept. 1, 1995; Laws 2000, c. 360, § 3, eff. July 1, 2000.