SECTION .1000 ‑ ADVERTISING

14B NCAC 15B .1001       DEFINITIONS

As used in this Section:

(1)           The terms defined in G.S. Chapter 18B and Subchapters 15A through 15C of this Chapter shall have the same meaning when used in this Section.

(2)           "Advertising" means the publicizing of the trade name of a permittee, in connection with or relating to alcoholic beverages or the publicizing of alcoholic beverages by brand name, manufacturer's name or by other reference and shall include any display intended to attract attention by a combination of letters, pictures, objects, lighting effects, illustrations, etc., except that such term shall not include:

(a)           any label affixed to any container of alcoholic beverages or any individual covering, carton or other wrapper of the container; or

(b)           any editorial for which no money or other valuable consideration is paid or promised, directly or indirectly, by any person subject to these Rules.

(3)           "Cooperative advertising" means any joint effort between permittees occupying a vertical relationship to each other to advertise alcoholic beverages, the retailer's business, or any promotion as defined in 14B NCAC 15C .0701(3) of this Chapter.  Cooperative advertising, however, shall not be construed to include point‑of‑sale advertising furnished by an industry member.

(4)           "Direct Mail" means any advertising material mailed via any class of postal service to a consumer.

(5)           "Display" means the exhibition of alcoholic beverage containers in cases, or bottles or cans outside of cases, together with advertising material, the purpose of which is to advertise those products to prospective purchasers on the premises.

(6)           "Case display" means alcoholic beverages in cartons or cases only.  A handypack is included in the term "carton."

(7)           "Magazine" means any trade, fraternal or scientific periodical or a periodical having general circulation and containing descriptive matter, articles and stories, and designed primarily for the edification and entertainment of the reader that is published no less frequently than once each quarter.

(8)           "Newspaper" means any paper published more frequently than once monthly.

(9)           "Point‑of‑Sale" means advertising that is located inside and on the premises where the product is displayed or sold.  Point‑of‑sale materials do not include consumer or retailer specialty items or novelties.

History Note:        Authority G.S. 18B-100; 18B‑105(b); 18B-207;

Eff. January 1, 1982;

Amended Eff. July 1, 1992; May 1, 1984;

Transferred and Recodified from 04 NCAC 02S .1001 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 20, 2016.