Sec. 03.02.05.06. Relationships With Consumers

A. In General.

(1) A consumer's source of supply is a licensed retailer.

(2) A representative or agent of a supplier or licensed wholesaler may provide to consumers in trivial quantities:

(a) Nominal advertising items such as matches, pencils, buttons, can openers, recipes, pamphlets, and similar items; and

(b) Nonapparel items as part of a nonstructured promotional campaign during a spontaneous and isolated visit to licensed retail premises.

(3) A licensed wholesaler or supplier may furnish samples for use by any bona fide religious, fraternal, civic, veterans, hospital, or charitable organization if it is a nonprofit organization which does not hold an alcoholic beverage retail license.

(4) A supplier or licensed wholesaler representative may have contact with consumers as permitted by Regulation .12 of this chapter.

B. Solicitation of Consumers.

(1) Only an employee of a licensed retailer may directly solicit an order for alcoholic beverages from a consumer.

(2) A promotion or contact for an order that entails personal solicitation of a consumer away from licensed retailer's premises is prohibited.

(3) A supplier or licensed wholesaler representative may have casual conversations with consumers away from the licensed retail premises concerning the merits of products if the conversations or discussions are not for the purpose of selling or offering for sale alcoholic beverages to the consumers.

(4) A solicitor or salesperson may buy a consumer a drink at licensed, on-sale retail premises if:

(a) The action is spontaneous and without prior notice to either the licensed retailer or consumer;

(b) The alcoholic beverages are purchased from the licensed retailer at full price; and

(c) The licensee or competitor licensee is not at the premises conducting a pre-announced or pre-planned promotional activity at the time of the visit (see Regulation .12B(6) of this chapter).

(5) A supplier or licensed wholesaler may have mailings of advertising materials to consumers as permitted by this chapter.