WILLIAM DONALD SCHAEFER, Governor Ch. 738
(2) The total value of any item furnished by any
brandowner for each of its individual brands for use in any one
retail establishment at any one time does not exceed the sum of
$75 for each individual brand, and provided:
(3) The cost of installation of these materials does
not exceed that which is usual and customary in that particular
locality.
(B) In lieu of premanufactured advertising material,
materials and labor may be furnished by a brandowner for the
custom manufacture of an advertising display not exceeding $75
which is temporary in nature and has no other utilitarian value.
A manufacturer or nonresident dealer or brandowner may not
undertake any plan or design which directly or indirectly results
in the purchase of advertising materials or supplies or
advertising services by any wholesale or retail licensee; neither
shall a wholesale or retail licensee participate directly or
indirectly in any transaction in which he pays for or shares in
the cost for any of the value of the advertising materials,
supplies, services, or mailing expenses utilized to promote a
brandowner's products; nothing contained herein is intended to
prevent a wholesale licensee from furnishing brandowners as
defined, with display materials and installation services at
charges, computed at not less than the fair market value for
these services. Any person violating any of the provisions of
this section shall, upon conviction, be punished by a fine of not
more than $1,000 or by imprisonment for not more than two years
or by both fine and imprisonment in the discretion of the court.
(C) THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF THIS
SECTION DO NOT APPLY TO A HOLDER OF BALTIMORE CITY CLASS 3 OR
CLASS 4 WINERY MANUFACTURERS LICENSE WHO IS ISSUED A CLASS A2
LIGHT WINE ON AND OFF-SALE LICENSE IN BALTIMORE CITY WITH RESPECT
TO THE WINE MANUFACTURED AND OR BOTTLED ON THE WINERY PREMISES.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.
Approved May 27, 1988.
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