Current through September 24, 2024
(1) Who May
Supply and Install. Subject to the provisions of Rule
0100-06-.03,
manufacturers, importers, non-resident sellers, and non-manufacturer
non-resident sellers, or any representative thereof may give, rent, loan or
sell to Tennessee licensed wholesalers, but to no other person, signs, posters,
placards, decorations, employee clothing, devices, statuettes or geographic
displays - printed, painted or electric - for point-of-sale brand advertising,
provided such items include branding or advertising of products or brands
directly controlled by the manufacturers, importers, non-resident sellers,
non-manufacturer non-resident sellers, providing such items. Wholesalers may
install or set up such materials in the windows or elsewhere in the interior of
a retail establishment. Retailers may not give, rent, loan, or sell such
material referenced above to a consumer.
(2) Restrictions on Advertising Within a
Retail Premises.
(a) All advertising materials
provided under paragraph (1) of this Rule must conform to Rule
0100-03-.01(1)
with the only exception being that such
material may contain specific prices and statements of pecuniary
appeal.
(b) All such material must
have the primary value to the retailer of brand advertising only. Brand
advertisements must be an integral and not easily separable part of any
material that has a secondary or utility value (such as change mats, calendars,
thermometers, ash trays, lamps, bottle racks, etc.).
(3) Prohibitions.
(a) The practice of painting the interior of
retail licensed premises under the guise of advertising is prohibited.
Decorating with crepe paper, "Corabuff" matting, or similar material as a
background or setting for advertising material only is permitted but such
decoration is limited to a twenty (20) square foot area, per manufacturer,
importer, nonresident seller, non-manufacturer non-resident seller, wholesaler,
or representative thereof.
(b)
Except as permitted by the provisions of Rule
0100-06-.03,
no manufacturer, importer, non-resident seller, non-manufacturer non-resident
seller, wholesaler, or representative thereof, shall give, rent, loan, or sell
a retail license any fixtures, furnishings, or equipment of a permanent nature
under the guise of advertising except as permitted by Rule
0100-06-.01,
et seq.
(c) No
manufacturer, importer, non-resident seller, non-manufacturer non-resident
seller, wholesaler, or representative thereof, shall directly or indirectly
through an agent pay, credit, or otherwise offer any inducement whatsoever to
the retailer for displaying such materials as authorized herein for any
expenses incidental thereto.
Authority: T.C.A. §§
57-1-209,
57-3-104,
57-4-201,
and 57-818.
