14B NCAC 15C .0608      REFUSAL TO SELL; PRICING; SERVICING ACCOUNTS

(a)  Refusal to Sell to Retailer. A wholesaler of malt beverages or wine may refuse to sell alcoholic beverages to a retailer for legitimate business reasons so long as the decision not to sell is not related to the size of the account, the distance of the retailer's premises from the wholesaler's warehouse, or the sex, race, age, religion or national origin of the permittee.

(b)  Pricing. As used in G.S. 18B‑1303(b), the term "service" shall not be construed to prohibit a malt beverage wholesaler from reducing the price of a product in a portion of his assigned territory if the price reduction is made in order to meet a competitor's lower prices offered on similar categories of malt beverage products (e.g. "premium" or "low end" products) in that same portion of the territory.

 

History Note:        Authority G.S. 18B‑207; 18B‑1303(b);

Eff. July 1, 1992;

Transferred and Recodified from 04 NCAC 02T .0610 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 19, 2017.