§ 105. Beer Price Posting.
4 CA ADC § 105Barclays Official California Code of RegulationsEffective: October 17, 2023
Effective: October 17, 2023
4 CCR § 105
§ 105. Beer Price Posting.
(1) “Competitive Price” means a change to an active price to meet lower filed competing price for the same package configuration, size, county, type of customer, and receiving method in a trade area. For purposes of this provision, “trade area” means a county or trading area within a county. A competitive price shall not be lower than the competitor's filed price. Competitive prices are effective pursuant to Business and Professions Code section 25002.
(10) “Package Configuration” means the specific configuration of the package of beer that is sold as a unit, which may include packages that are also sold as separate units. If a package configuration is identified as containing a specified number of single, or loose, containers, then the package must be physically or stylistically different from a package configuration that comprises the same number of individual containers sold as a unit. For purposes of this provision, “single” or “loose” means that it is intended that the package will be separated at the retailer's licensed premises and sold to consumers as individual containers or in other combinations determined by the retailer.
(12) “Price” means the price for the beer to be actually charged to a purchasing customer. Except as otherwise expressly authorized, the price shall include all charges, surcharges, fees, assessments, discounts, and California Redemption Value (CRV), but shall not include any refundable container charge that is separately identified on the schedule for any particular line item.
(15) “Product Name” means the common identification of the beer and shall be the same as the fanciful name identified on the certificate of label approval on file with the Alcohol and Tobacco Tax and Trade Bureau. If no fanciful name is listed on the certificate of label approval, the product name shall be the same as the trade name, or if no certificate of label approval is required to be filed then it shall have the same meaning as if a certificate of label approval was required.
(21) “Trade Name” means the name of the beer and shall be the same as the brand name identified on the certificate of label approval on file with the Alcohol and Tobacco Tax and Trade Bureau, or if no certificate of label approval is required to be filed then it shall have the same meaning as if a certificate of label approval was required.
(d) Except as provided herein, and as authorized by section 105.2 of this Article, only one line item may be posted by the posting licensee for any single county. If different prices for a line item are permitted for different trading areas, the licensee shall identify the trading area within the schedule.
(e) If a line item is discontinued or no longer offered for sale by the posting licensee, its status shall be identified as inactive by the posting licensee. This prohibition does not apply to line items that are not currently offered for sale due to being out of stock and which will be offered for sale once the line item is available. No line item may be sold unless its status is active.
(f) Each manufacturer, importer, wholesaler, or certificate of compliance holder shall file a price schedule for each county in which their customers have their premises. If a customer has premises in multiple counties, prices must be posted for each county in which either the sale, or the delivery, or both the sale and delivery, of beer occurs. If the sale of beer occurs in one county and the delivery of such beer occurs in a different county, the price charged for the beer shall be the price posted for such beer for the county in which the delivery occurs. Prices need not be posted in counties in which a customer has premises but to which beer is neither sold nor delivered by the posting licensee.
(h) A licensee may establish different trading areas within a county for sales to retailers based upon natural geographic differences justifying different prices. Upon request by the department, a licensee shall provide information necessary to justify the establishment of different trading areas due to natural geographical differences.
Credits
Note: Authority cited: Sections 25006 and 25750, Business and Professions Code; Section 22, Article XX of the California Constitution. Reference: Sections 25000, 25001, 25002, 25003 and 25004, Business and Professions Code.
History
1. Amendment filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25). For prior history, see Registers 23, No. 5; 27, No. 5; 57, No. 15; 61, No. 17.
2. Repealer and new section and amendment of Note filed 10-17-2023; operative 10-17-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 42).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 4, § 105, 4 CA ADC § 105
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