12/12/2012

Wholesaler/Retailer/Shipper

Chapter 6, Licensee Operations, 016.05 allows for the wholesaler to stock, rotate and affix the price to retailer's product. It does not allow wholesalers to be involved in the scanning, inventory process, or other similar acts. §53-168 Retailer accepting something of value from wholesaler & §53-169 Wholesaler be interested in the conduct of a retail licensed premises.

Sampling Regulation Chapter 6, Licensee Operations 002.01

Retailers and their employees may sample limited quantities of beer, wine, or spirits furnished by a manufacturer or wholesaler whether the license permits consumption on or off the licensed premise. Consumption shall not exceed more than five samples of one fluid ounce or less of alcohol liquor by the same person on a 24 hour period.

Warning: NLCC has received information again that this practice is being abused as follows;

Retailers are demanding wholesalers extend this privilege by leaving, at the premise, partial bottles samples or full bottles of the new product. The wholesaler is not allowed to leave unused samples with retailers. Field audits of retailer's records and wholesaler's records will now include a very close look at sampleing activities and records thereof. Please note this is under sampling regulation and not tasting regulation. Tasting requires the product to be invoiced to retailers.

MENU CARDS - CHAPTER 6-016.02

PLEASE BE ADVISED THAT MENU CARDS ARE ALLOWED TO BE GIVEN OR SOLD TO RETAILERS. ANYTHING BEYOND A SIMPLE MENU CARD LIKE BOUND LEATHER BOOKS ARE NOT ALLOWED AND WOULD BE CONSIDERED OF VIOLATION OF TRADE PRACTICE POLICY REGULATIONS.

 

 

Shelf Plan & Shelf Schematics

11/1/2012 - Please be advised the above rule does not allow for any arrangements for the retailer to demand wholesale licensee to conduct the following services in conjunction with retail inventory resets:

1. Cleaning Shelves or Floors
2. Remove Shelves or Adjust Cold Boxes
3. Construction or Re-construction of Shelves or Cold Boxes
4. Provide Shelves

Also, any other similar services that are the responsibility of the retail licensee for daily operation. The retailer may be cited for “Accepting Something of Value” and the wholesaler may be cited for being interested in the conduct of retail licensed premises. Reference Neb Rev Stat §53-168(1) & §53-169©.

Special note: Manufacturer/supplier sales representative may also be cited for any of the above activity – again Neb Rev Stat §53-169.

Gift Cards

10/23/2012 - The Nebraska Liquor Control Commission has received information on the disbursement or giving of gift cards from Supplier Representatives to certain retail licensee account managers or employees. Please be advised as follows:

Rule Chapter 6-016 - The giving of gift cards is not listed as an exception to something of value between industry members within the Nebraska Liquor Control Commission Rules and regulations, therefore illegal.

HARD APPLE CIDER IS WINE AND THE EXCISE TAX IS .95 CENTS A GALLON. HARD APPLE CIDER IS CONSIDER A WINE BY THE FEDERAL ALCOHOL AND TOBACCO TAX AND TRADE BUREAU (TTB) See definition below.

TTB Definition of Cider
Still wine derived primarily from apples or apple concentrate (apple juice, or the equivalent amount of concentrate reconstituted to the original brix of the juice prior to concentration, must represent more that 50 percent of the volume of the finished product) containing no other fruit product nor any artificial product which imparts a fruit flavor other than apple;  containing at least one-half of one percent (0.05%) and less than seven percent alcohol by volume; having the taste, aroma, and characteristics generally attributed to hard cider; and sold or offered for sale as hard cider.

Retail Information

Reminders From the Auditor

Wholesale Licensee Brochure - Quick references

Beer Brand/Territories

NEW - May 7, 2012 - ADVISORY - REVIEW REGARDING RETURNS (please click for attachments regarding rules and statutes)