14B NCAC 15B .1007       ADVERTISING OF MALT BEVERAGES AND WINE BY INDUSTRY MEMBERS

(a)  Billboards; Media.  Industry members may advertise malt beverages or wine on outdoor billboards, by radio, television, newspaper or magazine, and by other similar means.  Outdoor billboards or signs shall not be displayed on the premises of any retail permittee's establishment nor in areas where sale of that product is unlawful.

(b)  Aerial Display.  Malt beverages and wine may be advertised by industry members by means of aerial displays or tethered inflatables, including banner‑towing, hot air balloons and parachutes, if:

(1)           One or more photographs or drawings of the displays have been submitted to the Commission and the permittee has received prior written approval;

(2)           The advertising on the aerial display is in conformity with all other rules in this Section; and

(3)           No aerial display or inflatable is placed on or over the premises of a retail permittee's establishment.

(c)  Delivery Trucks and Uniforms.  Trucks owned by or leased exclusively to an industry member may be used for advertising purposes limited to the name or trade name of the permittee, and the brand names, slogans, house marks or trademarks of the alcoholic beverages manufactured or sold by the permittee.  Wholesale permittees may display on the uniforms of their employees the names of their company and the brand names of the products handled by them.

(d)  Other Signs.  Industry members may maintain any signs required by the laws of the United States to be displayed on their premises as well as signs on the premises indicating the brand names of malt beverages and wine sold by them, including the word "beer," or words describing other malt beverages and wine.

(e)  Price.  Industry members shall not advertise the price of malt beverages or wine.  A wholesaler may give a wholesale price list that contains the brand names and prices of his products to retail permittees.

(f)  College Campuses.  All print advertising, including posters, flyers, display ads, or point‑of‑sale materials that are published primarily for distribution to college students or for dissemination on college campuses shall first be submitted to the Commission for approval prior to any publication or distribution.  Industry members are encouraged to submit such advertising at least two months prior to distribution deadlines in order to allow adequate review by the Commission.

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

Eff. January 1, 1982;

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

Transferred and Recodified from 04 NCAC 02S .1009 Eff. August 1, 2015;

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