§ 3-6-14.1 - Pricing restrictions – Affirmation of price compliance.
SECTION 3-6-14.1
§ 3-6-14.1 Pricing restrictions –Affirmation of price compliance. – (a) No holder of a certificate of compliance for distilled spirits or vinousbeverages shall ship, transport, or deliver within this state, or sell or offerfor sale, to a wholesaler, any brand of distilled spirits or vinous beveragesat a bottle or case price higher than the lowest price at which that item isthen being sold or offered for sale or shipped, transported, or delivered bythe holder of a certificate of compliance to any wholesaler in any other stateof the United States or in the District of Columbia or to any state, includingan agency of the state, which owns and operates retail liquor outlets.
(b) Prior to the shipment of distilled spirits or vinousbeverages, the holder of a certificate of compliance, or the authorizedrepresentative of the holder, shall file with the department a writtenaffirmation under oath by the holder of the certificate of compliancecertifying that at the time of filing the bottle or case price to thewholesaler is no higher than the lowest price at which each item of distilledspirits or vinous beverages is being sold, offered for sale, shipped,transported, or delivered by that holder to any wholesaler in any other statein the United States or in the District of Columbia, or to any state or agencyof a state which owns and operates retail liquor outlets.
(c) A holder of a certificate of compliance may file theaffirmation required by this section once and may certify that the affirmationremains in full force and effect until amended as set forth in this title.
(d) In determining the lowest price for which any item ordistilled spirits or vinous beverages is or was sold, offered for sale,shipped, transported or delivered by the holder of a certificate of complianceto a wholesaler in any other state or in the District of Columbia or to anystate or state agency which owns and operates retail liquor outlets,appropriate reductions will be made for all discounts, rebates, free goods,allowances and other inducements of any kind whatever offered or given to thewholesaler in another state or in the District of Columbia or to any stateagency which owns and operates retail liquor outlets. Differentials in pricewhich make only due allowances for differences in state taxes and fees and forthe actual cost of delivery are permissible. As used in this section, "statetaxes and fees" means the excise taxes imposed or the fees required by anystate or the District of Columbia upon or based upon a gallon of alcoholicliquor and "gallon" means one hundred twenty-eight (128) fluid ounces.
(e) This section shall not preclude the holder of acertificate of compliance from lowering prices to any wholesaler in any otherstate of the United States or in the District of Columbia, or to any state oragency of a state which owns and operates retail liquor outlets at any time butnotice of this change shall be set forth in an amendment to the affirmation onfile in the office of the department. This amendment shall be under oath andshall be filed within ten (10) days from the date of this change in price.
(f) The department shall enforce the provisions of thissection and make any regulations that are necessary to carry out its provisions.