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
Colorado (267)

Wholesalers may not sell below cost.

1/1/2003 - 8/5/2003Beer Yes No 1 Citations
Colorado (319)

Wholesalers may not sell below cost.

1/1/2003 - 8/5/2003Wine Yes No 1 Citations
Colorado (371)

Wholesalers may not sell below cost.

1/1/2003 - 8/5/2003Spirits Yes No 1 Citations
Colorado (112)

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 - 1/1/2019Beer Yes Yes307 Citations
Colorado (163)

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 - 1/1/2019Wine Yes Yes307 Citations
Colorado (214)

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 - 1/1/2019Spirits Yes Yes307 Citations
Delaware (270)

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
Delaware (322)

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
Delaware (374)

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
Delaware (105)

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 - 1/1/2019Beer  Post Yes 4 Citations
Delaware (106)

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 - 1/1/2019Wine  Post Yes 4 Citations
Delaware (107)

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 - 1/1/2019Spirits  Post Yes 4 Citations
Idaho (327)
1/1/2003 - 6/30/2011WineYes   
Idaho (170)
7/1/2011 - 1/1/2019Wine Banned Post and Hold180No 12 Citations
Kentucky (331)
1/1/2003 - 7/12/2004Wine   No 2 Citations
Kentucky (383)
1/1/2003 - 7/12/2004Spirits   No 2 Citations
Kentucky (174)
7/13/2004 - 1/1/2019Wine   Yes303 Citations
Kentucky (225)
7/13/2004 - 1/1/2019Spirits   Yes303 Citations
Louisiana (280)
1/1/2003 - 4/29/2008Beer Uncertain  No 9 Citations
Louisiana (332)
1/1/2003 - 4/29/2008Wine Uncertain  Yes159 Citations
Louisiana (384)
1/1/2003 - 4/29/2008Spirits Uncertain  Yes159 Citations
Louisiana (124)

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 - 1/1/2019Beer Banned  No 10 Citations
Louisiana (175)

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 - 1/1/2019Wine Banned  Yes1510 Citations
Louisiana (226)

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 - 1/1/2019Spirits Banned  Yes1510 Citations
Maryland (334)

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
Maryland (386)

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
Maryland (177)

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 - 1/1/2019Wine    6 Citations
Maryland (228)

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 - 1/1/2019Spirits    6 Citations
Michigan (284)

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
Michigan (128)

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 - 1/1/2019Beer Banned Post and Hold90Yes3010 Citations
Minnesota (337)

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
Minnesota (389)

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
Minnesota (180)

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 - 1/1/2019Wine Restricted  Yes304 Citations
Minnesota (231)

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 - 1/1/2019Spirits Restricted  Yes304 Citations
Oklahoma (142)
1/1/2003 - 9/30/2018Beer Banned Post and Hold30No 10 Citations
Oklahoma (4148)
10/1/2018 - 1/1/2019Beer Banned  No 9 Citations
Washington (309)

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   
Washington (361)

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   
Washington (413)

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   
Washington (153)

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 - 1/1/2019Beer BannedYesPost No 10 Citations
Washington (204)

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 - 1/1/2019Wine   No 10 Citations
Washington (255)

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 - 1/1/2019Spirits Yes No 11 Citations
West Virginia (311)
1/1/2003 - 4/16/2015Beer Banned Post No 10 Citations
West Virginia (155)
4/17/2015 - 1/1/2019Beer Banned Post and Hold90No 10 Citations