Section 45.117 - Gifts and Advertising Specialties(a) General. (1) This section is enacted pursuant to Alcoholic Beverage Code §§RSA 102.07(b), RSA 102.07(d), RSA 108.042 and RSA 109.58.(2) This section applies to buyers, sellers, and consumers of liquor.(b) Gifts to consumers. Holders of distiller's and rectifier's, winery, nonresident seller's, and wholesaler's permits may furnish gifts to consumers. (1) The gifts shall be offered consistently with the restrictions contained in Alcoholic Beverage Code §RSA 102.07(d).(2) The items given may be novelty items of limited value. Such items shall be designed to promote a specific product or brand and may have a utilitarian function in addition to product promotion.(3) Liquor may be purchased for consumers provided that such beverages are consumed on retail licensed premises in the presence of the purchaser. Such purchases shall not be excessive. All members of the manufacturing and wholesaler tiers participating in promotions authorized by this paragraph must be an employee or agent of a member of the manufacturing tier, a distributor, or a promotional permit holder.(4) Holders of distiller's and rectifier's, winery, nonresident seller's, and wholesaler's permits may, as a social courtesy, provide liquor or other things of value to unlicensed persons who are not employed or affiliated with the holder of a retail license or permit.(c) Gifts to Retailers. Holders of distiller's and rectifier's, winery, nonresident seller's and wholesaler's permits may furnish advertising specialties to retailers. (1) Advertising specialties are things designed to advertise or promote a specific product or brand. Such items may have a utilitarian function in addition to product promotion.(2) The total cost of all advertising specialties furnished to a retailer shall not exceed the amount set by order of the executive director in accordance with Alcoholic Beverage Code § 102.07(b) per brand per calendar year. The executive director's order shall be published in the Texas Register and on the commission's website. Dollar limitations may not be pooled to provide a retailer with advertising specialties in excess of the maximum permitted under this subsection.(d) Signs provided to retailers.(1) Wholesalers may furnish, give or sell interior signs to retailers.(2) A sign is a thing whose primary purpose is the advertisement of a brand or product or the price thereof.(3) A sign furnished by a wholesaler may not bear the name, logo or trademark of a specific retailer.(4) No wholesaler may paint, improve, or remodel a retailer's buildings or parts of buildings, inside or out, or finance any improvements thereto.(e) Service provided to retailer. (1) Holders of distiller's and rectifier's, winery, nonresident seller's and wholesaler's permits may service and repair items furnished to retailers under the provisions of this rule.(2) Holders of distiller's and rectifier's, winery, nonresident seller's and wholesaler's permits may furnish meeting rooms to retailers for purposes of product promotions. In no event shall anything be furnished to retailers except samples of the permit holder's product or food provided as a courtesy in accompaniment to such samples.(3) The holder of a wholesaler's permit, or the permit holder's employee or agent, may furnish and install shanks, washers, hose and hose connections, tap rods, tap markers, and coil cleaning service necessary for the proper delivery and dispensing of wine.(f) Gifts to Unlicensed Organizations. Holders of distiller's and rectifier's, winery, nonresident seller's and wholesaler's permits may donate money, liquor or other things of value to unlicensed civic, religious, or charitable organizations. (1) Liquor may only be given for consumption in wet areas.(2) Advertising of events sponsored by organizations receiving donations shall include promotion of the organization sponsor or cause in a manner at least equal to or greater than the advertising of the industry donor.(3) "Unlicensed" means not having a permit or license authorizing the sale or service of alcoholic beverages.16 Tex. Admin. Code § 45.117
The provisions of this §45.117 adopted to be effective January 2, 1998, 22 TexReg 12755; amended to be effective September 17, 1998, 23 TexReg 9340; amended to be effective January 2, 2000, 24 TexReg 11745; amended to be effective October 24, 2004, 29 TexReg 9674; amended to be effective August 21, 2011, 36 TexReg 5212; Amended by Texas Register, Volume 46, Number 34, August 20, 2021, TexReg 5184, eff. 9/1/2021; Amended by Texas Register, Volume 47, Number 41, October 14, 2022, TexReg 6873, eff. 10/17/2022; Amended by Texas Register, Volume 49, Number 06, February 9, 2024, TexReg 0659, eff. 2/12/2024