§ 3-6-14.1. Pricing restrictions — Affirmation of price compliance.
(a) No holder of a certificate of compliance for distilled spirits or vinous beverages
shall ship, transport, or deliver within this state, or sell or offer for sale, to
a wholesaler, any brand of distilled spirits or vinous beverages at a bottle or case
price higher than the lowest price at which that item is then being sold or offered
for sale or shipped, transported, or delivered by the holder of a certificate of compliance
to any wholesaler in any other state of the United States or in the District of Columbia
or to any state, including an agency of the state, which owns and operates retail
liquor outlets.
(b) Prior to the shipment of distilled spirits or vinous beverages, the holder of a certificate
of compliance, or the authorized representative of the holder, shall file with the
department a written affirmation under oath by the holder of the certificate of compliance
certifying that at the time of filing the bottle or case price to the wholesaler is
no higher than the lowest price at which each item of distilled spirits or vinous
beverages is being sold, offered for sale, shipped, transported, or delivered by that
holder to any wholesaler in any other state in the United States or in the District
of Columbia, or to any state or agency of a state which owns and operates retail liquor
outlets.
(c) A holder of a certificate of compliance may file the affirmation required by this
section once and may certify that the affirmation remains in full force and effect
until amended as set forth in this title.
(d) In determining the lowest price for which any item or distilled spirits or vinous
beverages is or was sold, offered for sale, shipped, transported or delivered by the
holder of a certificate of compliance to a wholesaler in any other state or in the
District of Columbia or to any state or state agency which owns and operates retail
liquor outlets, appropriate reductions will be made for all discounts, rebates, free
goods, allowances and other inducements of any kind whatever offered or given to the
wholesaler in another state or in the District of Columbia or to any state agency
which owns and operates retail liquor outlets. Differentials in price which make only
due allowances for differences in state taxes and fees and for the actual cost of
delivery are permissible. As used in this section, "state taxes and fees� means the
excise taxes imposed or the fees required by any state or the District of Columbia
upon or based upon a gallon of alcoholic liquor and "gallon� means one hundred twenty-eight
(128) fluid ounces.
(e) This section shall not preclude the holder of a certificate of compliance from lowering
prices to any wholesaler in any other state of the United States or in the District
of Columbia, or to any state or agency of a state which owns and operates retail liquor
outlets at any time but notice of this change shall be set forth in an amendment to
the affirmation on file in the office of the department. This amendment shall be under
oath and shall be filed within ten (10) days from the date of this change in price.
(f) The department shall enforce the provisions of this section and make any regulations
that are necessary to carry out its provisions.