Changes Over Time: Wholesale Pricing Practices and Restrictions
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Jurisdiction | Date Range | Beverage Type | Control | Volume Discounts | Minimum Markup Maximum Discount | Post and Hold | Minimum Hold Period (in days) | Retailer Credit | Maximum Credit Period (in days) | Citations |
---|---|---|---|---|---|---|---|---|---|---|
Colorado
Wholesalers may not sell below cost. | 1/1/2003 - 8/5/2003 | Beer | No | 1 Citations | ||||||
Colorado
Beginning on January 1, 2017, a liquor-licensed drugstore shall not purchase alcohol beverages on credit. Wholesalers may not sell below cost. | 8/6/2003 - 1/1/2021 | Beer | Yes | 30 | 7 Citations | |||||
Colorado
Wholesalers may not sell below cost. | 1/1/2003 - 8/5/2003 | Wine | No | 1 Citations | ||||||
Colorado
Beginning on January 1, 2017, a liquor-licensed drugstore shall not purchase alcohol beverages on credit. Wholesalers may not sell below cost. | 8/6/2003 - 1/1/2021 | Wine | Yes | 30 | 7 Citations | |||||
Colorado
Wholesalers may not sell below cost. | 1/1/2003 - 8/5/2003 | Spirits | No | 1 Citations | ||||||
Colorado
Beginning on January 1, 2017, a liquor-licensed drugstore shall not purchase alcohol beverages on credit. Wholesalers may not sell below cost. | 8/6/2003 - 1/1/2021 | Spirits | Yes | 30 | 7 Citations | |||||
Delaware
Delaware law states that the Commissioner shall not control or regulate credit transactions to the extent they are permitted by federal law. | 1/1/2003 - 2/10/2016 | Beer | Post and Hold | 5 | Yes | 4 Citations | ||||
Delaware
Delaware law states that the Commissioner shall not control or regulate credit transactions to the extent they are permitted by federal law. | 2/11/2016 - 1/1/2021 | Beer | Post | Yes | 4 Citations | |||||
Delaware
Delaware law states that the Commissioner shall not control or regulate credit transactions to the extent they are permitted by federal law. | 1/1/2003 - 2/10/2016 | Wine | Post and Hold | 5 | Yes | 4 Citations | ||||
Delaware
Delaware law states that the Commissioner shall not control or regulate credit transactions to the extent they are permitted by federal law. | 2/11/2016 - 1/1/2021 | Wine | Post | Yes | 4 Citations | |||||
Delaware
Delaware law states that the Commissioner shall not control or regulate credit transactions to the extent they are permitted by federal law. | 1/1/2003 - 2/10/2016 | Spirits | Post and Hold | 5 | Yes | 4 Citations | ||||
Delaware
Delaware law states that the Commissioner shall not control or regulate credit transactions to the extent they are permitted by federal law. | 2/11/2016 - 1/1/2021 | Spirits | Post | Yes | 4 Citations | |||||
Idaho | 1/1/2003 - 6/30/2011 | Wine | ||||||||
Idaho | 7/1/2011 - 1/1/2021 | Wine | Banned | Post and Hold | 180 | No | 12 Citations | |||
Kentucky | 1/1/2003 - 7/12/2004 | Wine | No | 2 Citations | ||||||
Kentucky | 7/13/2004 - 1/1/2021 | Wine | Yes | 30 | 3 Citations | |||||
Kentucky | 1/1/2003 - 7/12/2004 | Spirits | No | 2 Citations | ||||||
Kentucky | 7/13/2004 - 1/1/2021 | Spirits | Yes | 30 | 3 Citations | |||||
Louisiana | 1/1/2003 - 4/29/2008 | Beer | Uncertain | No | 9 Citations | |||||
Louisiana
The banning of volume discounts has been held to be a valid exercise of the police power of the state to regulate the sale of alcoholic beverages. See Manuel vs. State Office of Alcohol and Tobacco Control, 2007-1620 (La. App. 3 Cir. 4/30/08), 982 So.2d 316, writ denied, 2008-1061 (La. 8/29/08) 989 So.2d 107; La. Atty. Gen. Op. No. 09-0135 (2009). | 4/30/2008 - 1/1/2021 | Beer | Banned | No | 10 Citations | |||||
Louisiana | 1/1/2003 - 4/29/2008 | Wine | Uncertain | Yes | 15 | 9 Citations | ||||
Louisiana
The banning of volume discounts has been held to be a valid exercise of the police power of the state to regulate the sale of alcoholic beverages. See Manuel vs. State Office of Alcohol and Tobacco Control, 2007-1620 (La. App. 3 Cir. 4/30/08), 982 So.2d 316, writ denied, 2008-1061 (La. 8/29/08) 989 So.2d 107; La. Atty. Gen. Op. No. 09-0135 (2009). | 4/30/2008 - 1/1/2021 | Wine | Banned | Yes | 15 | 10 Citations | ||||
Louisiana | 1/1/2003 - 4/29/2008 | Spirits | Uncertain | Yes | 15 | 9 Citations | ||||
Louisiana
The banning of volume discounts has been held to be a valid exercise of the police power of the state to regulate the sale of alcoholic beverages. See Manuel vs. State Office of Alcohol and Tobacco Control, 2007-1620 (La. App. 3 Cir. 4/30/08), 982 So.2d 316, writ denied, 2008-1061 (La. 8/29/08) 989 So.2d 107; La. Atty. Gen. Op. No. 09-0135 (2009). | 4/30/2008 - 1/1/2021 | Spirits | Banned | Yes | 15 | 10 Citations | ||||
Maryland
With respect to purchases of wine and spirits, the Alcohol and Tobacco Tax (MATT) Regulatory Division posts a list of purchase periods and due dates that is accessible only to Maryland wholesalers and retail licensees. | 1/1/2003 - 9/26/2007 | Wine | Banned | Post and Hold | 30 | 7 Citations | ||||
Maryland
On September 27, 2007, the U.S. District Court for the District of Maryland found that Maryland’s wholesaler volume discounting and post-and-hold provisions, considered together, violate the Sherman Act’s ban on price fixing and are not protected by the 21st Amendment. TFWS, Inc. v. Schaefer, 2007 WL 2917025 (D.Md. Sept. 27, 2007). The Federal Court of Appeals (4th Circuit) affirmed. TFWS, Inc. v. Franchot, 572 F.3d 186 (2009). With respect to purchases of wine and spirits, the Alcohol and Tobacco Tax (MATT) Regulatory Division posts a list of purchase periods and due dates that is accessible only to Maryland wholesalers and retail licensees. | 9/27/2007 - 1/1/2021 | Wine | 6 Citations | |||||||
Maryland
With respect to purchases of wine and spirits, the Alcohol and Tobacco Tax (MATT) Regulatory Division posts a list of purchase periods and due dates that is accessible only to Maryland wholesalers and retail licensees. | 1/1/2003 - 9/26/2007 | Spirits | Banned | Post and Hold | 30 | 7 Citations | ||||
Maryland
On September 27, 2007, the U.S. District Court for the District of Maryland found that Maryland’s wholesaler volume discounting and post-and-hold provisions, considered together, violate the Sherman Act’s ban on price fixing and are not protected by the 21st Amendment. TFWS, Inc. v. Schaefer, 2007 WL 2917025 (D.Md. Sept. 27, 2007). The Federal Court of Appeals (4th Circuit) affirmed. TFWS, Inc. v. Franchot, 572 F.3d 186 (2009). With respect to purchases of wine and spirits, the Alcohol and Tobacco Tax (MATT) Regulatory Division posts a list of purchase periods and due dates that is accessible only to Maryland wholesalers and retail licensees. | 9/27/2007 - 1/1/2021 | Spirits | 6 Citations | |||||||
Michigan
With respect to beer, prices may be decreased during the 180 day minimum hold period to meet a competing wholesaler’s price. The price reduction must not exceed the competition's price and must continue for the balance of the 180 days filed by the competition. Credit may be extended for a maximum of 30 days for on-sale retailers; no credit may be extended to off-sale retailers. | 1/1/2003 - 4/11/2016 | Beer | Banned | Post and Hold | 180 | Yes | 30 | 7 Citations | ||
Michigan
With respect to beer, prices may be decreased during the 90 day minimum hold period to meet a competing wholesaler’s price. The price reduction cannnot be greater on a cents-per-case basis than the price reduction filed by the competition and must continue for the balance of the 90 days filed by the competition. Credit may be extended for a maximum of 30 days for on-sale retailers; no credit may be extended to off-sale retailers. | 4/12/2016 - 1/1/2021 | Beer | Banned | Post and Hold | 90 | Yes | 30 | 10 Citations | ||
Minnesota
Before May 8, 2003, wine wholesalers were prohibited from filing a price schedule showing a selling price per case at less than the wholesaler's cost; however, amendments could be filed at below cost to meet prices filed on similar wines by a competing wholesaler. For wine, a variable volume price offered by a wholesaler to a retailer may not be for a quantity of more than 25 cases. | 1/1/2003 - 5/7/2003 | Wine | Restricted | Post and Hold | 30 | Yes | 30 | 4 Citations | ||
Minnesota
For wine, a variable volume price offered by a wholesaler to a retailer may not be for a quantity of more than 25 cases. | 5/8/2003 - 1/1/2021 | Wine | Restricted | Yes | 30 | 4 Citations | ||||
Minnesota
Before May 8, 2003, spirits wholesalers were prohibited from filing a price schedule showing a selling price per case at less than the wholesaler's cost; however, amendments could be filed at below cost to meet prices filed on similar spirits by a competing wholesaler. For spirits, a variable volume price offered by a wholesaler to a retailer may not be for a quantity of more than 25 cases. | 1/1/2003 - 5/7/2003 | Spirits | Restricted | Post and Hold | 30 | Yes | 30 | 4 Citations | ||
Minnesota
For spirits, a variable volume price offered by a wholesaler to a retailer may not be for a quantity of more than 25 cases. | 5/8/2003 - 1/1/2021 | Spirits | Restricted | Yes | 30 | 4 Citations | ||||
Oklahoma | 1/1/2003 - 9/30/2018 | Beer | Banned | Post and Hold | 30 | No | 10 Citations | |||
Oklahoma | 10/1/2018 - 1/1/2021 | Beer | Banned | No | 9 Citations | |||||
South Dakota
Wholesalers may not sell below cost. South Dakota requires that any changes in price must remain in effect for at least 10 days, except that an amendment made to meet a competitive price is allowed to go into effect at the same time as the competitive price or at any time within the period for which that price was filed. | 1/1/2003 - 7/5/2005 | Beer | Post and Hold | 10 | No | 10 Citations | ||||
South Dakota
Wholesalers may not sell below cost. | 7/6/2005 - 10/18/2010 | Beer | No | 10 Citations | ||||||
South Dakota
Wholesalers may not sell below cost. | 10/19/2010 - 7/29/2019 | Beer | Post | No | 10 Citations | |||||
South Dakota
Wholesalers may not sell below cost. South Dakota requires that any changes in price must remain in effect for at least 10 days, unless continuation of the amended price would violate the sales-below-cost prohibition in S.D. Codified Laws § 35-4-129. Prior to July 30, 2019, changes in price were required to remain in effect for at least 10 days, except that an amendment made to meet a competitive price was allowed to go into effect at the same time as the competitive price or at any time within the period for which that price was filed. | 7/30/2019 - 1/1/2021 | Beer | Post and Hold | 10 | No | 8 Citations | ||||
Washington
APIS does not report wholesale pricing practices and restrictions in States where the index beverage is wholly or partially distributed through State-run wholesalers. Wholesale pricing practices and restrictions for Washington are reported beginning on December 8, 2011, when privatization began as a result of passage of Initiative 1183. | 1/1/2003 - 12/7/2011 | Beer | ||||||||
Washington
No sales below cost for Beer and Spirits. APIS does not report wholesale pricing practices and restrictions in States where the index beverage is wholly or partially distributed through State-run wholesalers. Wholesale pricing practices and restrictions for Washington are reported beginning on December 8, 2011, when privatization began as a result of passage of Initiative 1183. | 12/8/2011 - 1/1/2021 | Beer | Banned | Post | No | 10 Citations | ||||
Washington
APIS does not report wholesale pricing practices and restrictions in States where the index beverage is wholly or partially distributed through State-run wholesalers. Wholesale pricing practices and restrictions for Washington are reported beginning on December 8, 2011, when privatization began as a result of passage of Initiative 1183. | 1/1/2003 - 12/7/2011 | Wine | ||||||||
Washington
APIS does not report wholesale pricing practices and restrictions in States where the index beverage is wholly or partially distributed through State-run wholesalers. Wholesale pricing practices and restrictions for Washington are reported beginning on December 8, 2011, when privatization began as a result of passage of Initiative 1183. | 12/8/2011 - 1/1/2021 | Wine | No | 10 Citations | ||||||
Washington
APIS does not report wholesale pricing practices and restrictions in States where the index beverage is wholly or partially distributed through State-run wholesalers. Wholesale pricing practices and restrictions for Washington are reported beginning on December 8, 2011, when privatization began as a result of passage of Initiative 1183. | 1/1/2003 - 12/7/2011 | Spirits | ||||||||
Washington
No sales below cost for Beer and Spirits. APIS does not report wholesale pricing practices and restrictions in States where the index beverage is wholly or partially distributed through State-run wholesalers. Wholesale pricing practices and restrictions for Washington are reported beginning on December 8, 2011, when privatization began as a result of passage of Initiative 1183. | 12/8/2011 - 1/1/2021 | Spirits | No | 11 Citations | ||||||
West Virginia | 1/1/2003 - 4/16/2015 | Beer | Banned | Post | No | 10 Citations | ||||
West Virginia | 4/17/2015 - 1/1/2021 | Beer | Banned | Post and Hold | 90 | No | 10 Citations |