Alcohol Beverages Pricing

Wholesale Pricing Practices and Restrictions

Laws restricting the wholesale price of alcoholic beverages.

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Changes Over Time for Wholesale Pricing Practices and Restrictions
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
CO (Colorado)

Wholesalers may not sell below cost.

1/1/2003 - 8/5/2003Beer Yes No 2 Citations
CO (Colorado)

Wholesalers may not sell below cost.

1/1/2003 - 8/5/2003Wine Yes No 2 Citations
CO (Colorado)

Wholesalers may not sell below cost.

1/1/2003 - 8/5/2003Spirits Yes No 2 Citations
CO (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 - 1/1/2018Beer Yes Yes306 Citations
CO (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 - 1/1/2018Wine Yes Yes306 Citations
CO (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 - 1/1/2018Spirits Yes Yes306 Citations
DE (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 - 2/10/2016Beer  Post and Hold5Yes 4 Citations
DE (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 - 2/10/2016Wine  Post and Hold5Yes 4 Citations
DE (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 - 2/10/2016Spirits  Post and Hold5Yes 4 Citations
DE (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 - 1/1/2018Beer  Post Yes 4 Citations
DE (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 - 1/1/2018Wine  Post Yes 4 Citations
DE (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 - 1/1/2018Spirits  Post Yes 4 Citations
ID (Idaho)
1/1/2003 - 6/30/2011WineYes   
ID (Idaho)
7/1/2011 - 1/1/2018Wine Banned Post and Hold180No 12 Citations
KY (Kentucky)
1/1/2003 - 7/12/2004Wine   No 2 Citations
KY (Kentucky)
1/1/2003 - 7/12/2004Spirits   No 2 Citations
KY (Kentucky)
7/13/2004 - 1/1/2018Wine   Yes303 Citations
KY (Kentucky)
7/13/2004 - 1/1/2018Spirits   Yes303 Citations
LA (Louisiana)
1/1/2003 - 4/29/2008Beer Uncertain  No 10 Citations
LA (Louisiana)
1/1/2003 - 4/29/2008Wine Uncertain  Yes 1510 Citations
LA (Louisiana)
1/1/2003 - 4/29/2008Spirits Uncertain  Yes1510 Citations
LA (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 - 1/1/2018Beer Banned  No 10 Citations
LA (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 - 1/1/2018Wine Banned  Yes 1510 Citations
LA (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 - 1/1/2018Spirits Banned  Yes1510 Citations
MD (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 - 9/26/2007Wine Banned Post and Hold30 7 Citations
MD (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 - 9/26/2007Spirits Banned Post and Hold30 7 Citations
MD (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 - 1/1/2018Wine    10 Citations
MD (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 - 1/1/2018Spirits    10 Citations
MI (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 - 4/11/2016Beer Banned Post and Hold180Yes307 Citations
MI (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 - 1/1/2018Beer Banned Post and Hold90Yes3010 Citations
MN (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 - 5/7/2003Wine Restricted Post and Hold30Yes304 Citations
MN (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 - 5/7/2003Spirits Restricted Post and Hold30Yes304 Citations
MN (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 - 1/1/2018Wine Restricted  Yes304 Citations
MN (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 - 1/1/2018Spirits Restricted  Yes304 Citations
WA (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 - 12/7/2011BeerYes   
WA (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 - 12/7/2011WineYes   
WA (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 - 12/7/2011SpiritsYes   
WA (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 - 1/1/2018Beer BannedYesPost No 10 Citations
WA (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 - 1/1/2018Wine   No 10 Citations
WA (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 - 1/1/2018Spirits Yes No 11 Citations
WV (West Virginia)
1/1/2003 - 4/16/2015Beer Banned Post No  10 Citations
WV (West Virginia)
4/17/2015 - 1/1/2018Beer Banned Post and Hold90No  10 Citations