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ROBERT L. EHRLICH, JR., Governor Ch. 111
PERMIT HOLDER shall be required to sell to all licensees from whom they receive
orders. The Comptroller may promulgate such rules and regulations as are necessary
to carry out the purpose of this section.
(b) A supplier, nonresident dealer, NONRESIDENT WINERY PERMIT HOLDER or
wholesaler may not make a discount, rebate, or depletion allowance that is offered on
a product dependent on the pricing policy or practice of the licensee who is invoiced for
the product.
12-103.
(b) The Comptroller is authorized and directed, by regulation, to prescribe the
maximum discounts which may be allowed by any manufacturer, [or] wholesaler, OR
NONRESIDENT WINERY PERMIT HOLDER in the sale and distribution of various
Quantities of wines and liquors. Said regulation may also, in the discretion of the
Comptroller, prohibit the giving of discounts by any manufacturer, [or] wholesaler, OR
NONRESIDENT WINERY PERMIT HOLDER in the sale and distribution of any or all
quantities or kinds of wines and liquors.
(c) The Comptroller is authorized and directed, by regulation, to require the
filing, from time to time, by any manufacturer, [or] wholesaler, [or] nonresident
dealer, OR NONRESIDENT WINERY PERMIT HOLDER of schedules of prices at which
wines and liquors are sold by such manufacturer, [or] wholesaler, [or] nonresident
dealer, OR NONRESIDENT WINERY PERMIT HOLDER and further to require the filing of
any proposed price change. Said regulation shall provide that the effective date of any
proposed price decrease shall be postponed for such period of time as the Comptroller
may prescribe sufficient to permit notice thereof to other manufacturers or wholesalers
selling similar wines and liquors and an opportunity for the same to make a like price
decrease. Said regulation shall also provide that any manufacturer, [or] wholesaler,
[or] nonresident dealer, OR NONRESIDENT WINERY PERMIT HOLDER proposing to sell
any wines and liquors not currently being sold by the same shall first give notice to the
Comptroller of the prices at which such wines and liquors are proposed to be sold; and
said regulation shall further provide that sales of such wines and liquors shall not be
made for such period of time as the Comptroller may prescribe sufficient to permit
notice thereof to other manufacturers or wholesalers selling similar wines and liquors
and an opportunity for such other manufacturers or wholesalers to alter the price of
such similar wines and liquors so as to make that price comparable to the price fixed
by the manufacturer or wholesaler proposing to sell wines and liquors not currently
being sold. The Comptroller is authorized and empowered, in promulgating the
regulations required by this subsection, to require the filing by any manufacturer, [or]
wholesaler, [or] nonresident dealer, OR NONRESIDENT WINERY PERMIT HOLDER of
any other information with regard to the size, containers, brands, labels, descriptions,
packages, quantities to be sold and any other data in connection with wines and
liquors as the Comptroller may reasonably determine.
(e) Nothing contained in this section shall be construed to authorize the
Comptroller to fix the prices at which any wines and liquors may be sold by any
manufacturer, [or] wholesaler, [or] nonresident dealer, OR NONRESIDENT WINERY
PERMIT HOLDER other than to fix permissible discounts which may be allowed by any
manufacturer or wholesaler on such sales and other than to postpone the effective date
- 703 -
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