New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Subchapter 24 - TRADE MEMBER DISCRIMINATION, MARKETING, AND ADVERTISING
Section 13:2-24.6 - Required records
Universal Citation: NJ Admin Code 13:2-24.6
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Every licensee or registrant privileged and intending to sell alcoholic beverages to retailers in this State shall maintain upon its licensed premises for a period of three years the following records:
1. A "Historical Price List," which shall contain
the prices at which all products by brand, type, proof, age and size were offered
for sale, inclusive of all discounts, allowances or differentials and which may be
maintained in any "readily retrievable" fashion pursuant to N.J.A.C.
13:2-29;
2. A "Marketing Manual," which
shall be maintained in a separate book or ledger and shall contain, by category, on
a chronological basis all offered or available services, facilities, equipment,
advertising and promotional items and programs;
3. A "Current Price List," maintained in a
separate book or ledger, containing:
i. Prices,
inclusive of per unit costs, all discounts, allowances and differentials and other
terms of sale, at which all products are offered for sale to retailers during the
calendar month following filing. A "unit" is defined as a can, bottle or
individualized container;
ii. The
correct brand or trade name of the product, its nature and type, the brand
registration number according to
13:2-33.1, size and age and proof of
alcoholic content when stated on the label, the standard number of unit containers
per standard case and the capacity of each unit container; and
iii. Displays whose fair market retail value is
over $ 100.00 and any retailer incentive programs, including for displays built by
any manufacturer, supplier, importer or wholesaler or by third parties at their
direction the following information:
(1) The name,
address and license number of the retailer receiving the display and
items(s);
(2) The date furnished and
anticipated removal date of the display;
(3) A description of the alcoholic beverage in the
display, by brand and quantity; and
(4)
A description and actual cost of any promotional items(s) in the display provided to
the retailer;
4.
The Current Price List shall be filed in a format prescribed by the Director with
the Division of Alcoholic Beverage Control no later than the 15th day of each
calendar month and shall become effective the first day of the following calendar
month and remain effective for that month;
5. The prices contained in the Current Price List
and any retail incentive program offered shall be filed independently by each
individual filer, and no amendments or changes (except upon approval of the Director
to correct bona fide clerical errors) shall be made therein prior to filing of the
next monthly price list. Requests for additional amendments may be considered
pursuant to 13:2-9.1
;
6. No manufacturer, supplier or
wholesaler shall offer for sale, sell or deliver to any retailer and no retailer
shall accept delivery of anything listed on a Current Price List from any
manufacturer, supplier or wholesaler of any alcoholic beverage upon terms other than
those set forth in the seller's "Current Price List"; and
7. The Current Price List shall be a public record
and nothing in this section shall preclude any licensee selling alcoholic beverages
to retailers from providing it directly to retailers by any means. Any
re-publication of the filed Current Price List must be published in its entirety
unless conspicuously noted otherwise.
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