Tag Archives: Retailers

wine-beer-retail January 18

Is it really a “tied-house” if your alcoholic beverage category isn’t sold by the retailer?

In a recent and interesting challenge to the three-tiered system’s prohibition on “tied-houses” a winery owner looking to maintain an interest in some Iowa convenience stores made an interesting argument:  since the convenience stores only sold beer and not wine, the mutual ownership didn’t violate the Iowa prohibition on tied-houses. Iowa, like most states has […]

TTB Guidelines for Promotional Programs with Retailers

Marketing is an inevitability, even for those of you who produce small batches that sell out within a week.  Whether you’re big enough to understand how a good campaign can increase awareness and sales, or whether you’re the small craft producer looking to expand, you’re likely considering your options in advertising. As a regulated industry, […]

TTB Issues a Not-So-Subtle Reminder on Tie-in Sales

Much like the tax code, almost as instantaneously as the government codifies an alcohol regulation, people start to look for ways around those regs.  And when you offer examples of your rules in practice, every so often you’re going to have to update the circulars to keep up with changing industry practices.  That’s what just happened with TTB Circular 2012-2.  An update to 2003-3, it looks like a few reminders and some new information seemed necessary to ensure both the letter and spirit of the law were being enforced.

The circular offers some interesting examples, as did 2003-3.  Restated from the previous circular, an important point concerns certain holiday mixes or brews that will be of interest to anyone offering holiday or seasonal products.  Offering them to retailers, tied to your regular product is expressly in violation of the definition for “tie-ins” under 27 CFR § 6.72:

A retailer must purchase a certain amount of regular distilled spirits, whether bottled or cased, in order to be allowed to purchase distilled spirits in a special holiday container or packaging.