SECTION 45.109. Restocking and Rotation of Alcoholic Beverages

(a) General.

(1) This rule is enacted pursuant to §102.20 and Chapter 105 of the Alcoholic Beverage Code.

(2) This rule applies to members of the wholesale tier and those members of the manufacturing tier authorized to sell to retailers for all beverages.

(b) Restocking. Licensees and permittees subject to this rule may, at retail premises, with permission of the retailer, stock, rotate, affix prices, and reset or rearrange alcoholic beverages they sell, provided products of other industry members are not altered or disturbed,

(c) At retail premises, with permission of the retailer, licensees and permittees subject to this rule may:

(1) organize and construct displays accessible by the consumer of alcoholic beverages they sell;

(2) move products of other industry members that are arranged in displays accessible to the consumer (e.g., floor or end cap displays) in order to perform the services allowed by this subsection. Movement of products under this subsection is not considered restocking under subsection (b) of this section; and

(3) provide retailers with temporary display enhancement items such as televisions and grills, which may be used only for product promotion. Temporary display enhancement items must be returned to the manufacturer or wholesale tier member that provided it as soon as practicable after the display is dismantled.

(d) The activities permitted by subsections (b) and (c) of this section may only be performed during the hours when the sale or delivery of specific alcoholic beverages are legal and may also be performed for malt beverages and wine from 5:00 a.m. to 12:00 noon on Sunday.

(e) Licensees and permittees subject to this rule may provide shelf plans or schematics to retailers.

(f) The activities permitted by subsections (b) and (c) of this section must be proportional to the retailer's business volume and demand.

(g) Except for time spent in the standard delivery process and additional service time prescribed by the distributor under subsection (h) of this section, restocking and other merchandising services performed by a distributor that exceed 40 hours per week per retail premises shall constitute an impermissible service or thing of value under Chapter 102 of the Alcoholic Beverage Code. Delivery, pre-sale, and product-ordering activities are not considered merchandising for purposes of this subsection.

(h) In special circumstances such as major holidays, new product rollouts, and major events, only the distributor may determine whether and how much additional service time beyond 40 hours per premises per week is reasonably necessary for activities permitted by subsections (b) and (c) of this section.

Source Note: The provisions of this §45.109 adopted to be effective January 2, 1998, 22 TexReg 12748; amended to be effective September 17, 1998, 23 TexReg 9339; amended to be effective February 14, 2022, 47 TexReg 647