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-IR- Database: Indiana Register

ALCOHOL AND TOBACCO COMMISSION

Nonrule Policy ATC-014


NOTICE: Under IC 4-22-7-7, this document is required to be published in the Indiana Register and is effective on its date of publication. It shall remain in effect until the date it is superseded or deleted by the publication of a new document in the Indiana Register. The publication of the document will provide the general public with information about the Alcohol and Tobacco Commission's (ATC) official position concerning a specific issue.

DISCLAIMER: This nonrule policy is being established by the ATC consistent with its authority under IC 7.1-2-3-2 and IC 7.1-2-3-31. It is intended solely as guidance and shall be used in conjunction with applicable rules or laws. It does not replace applicable rules and laws, and, if it conflicts with these rules or laws, the rules or laws shall control.

AUTHORIZED: Alex D. Huskey, Chairman

SUPERSEDES: New

SUBJECT: The purpose of this nonrule policy is to implement a uniform procedure for the regulation of banners provided by a primary source of supply, wholesaler, or salesman to a retailer or dealer.

SCOPE: A primary source of supply, wholesaler, or salesman may place, display, maintain or cause to be placed, displayed, or maintained temporary banners advertising alcoholic beverages by brand name on or within 200 feet of a retailer or dealer premises if the banners commemorate a sporting event, festival, or holiday held in Indiana.

POLICY: Pursuant to IC 7.1-5-2-7(a) except in limited circumstances, a primary source of supply, wholesaler, or salesman may not directly or indirectly place, display, or maintain or cause to be placed, displayed, or maintained a sign advertising alcoholic beverages by brand name within 200 feet of a premises having a retailer or dealer permit.

A primary source of supply, wholesaler, or salesman may place, display, maintain, or cause to be placed, displayed, or maintained temporary banners advertising alcoholic beverages by brand name on or within 200 feet of a retailer or dealer premises if the banners commemorate a sporting event, festival, or holiday held in Indiana.

A banner is defined as a sign or similar item that may be viewed from the outside of a building.

A banner may commemorate a specific nationally recognized sporting event, festival, or holiday.

A banner may not commemorate a league, series, or team.

A banner may be displayed beginning 21 days before the sporting event, festival, or holiday and ending five days after the close of the sporting event, festival, or holiday.

A banner may advertise alcoholic beverages by brand name, but not advertise pricing information.

This nonrule policy also applies to the agent of a primary source of supply, wholesaler, or salesman.

Posted: 08/01/2012 by Legislative Services Agency

DIN: 20120801-IR-905120449NRA
Composed: Sep 23,2014 2:28:56PM EDT
A PDF version of this document.