PARRIS N. GLENDENING, Governor

Ch. 14

(C) (1) THE PROVISIONS OF THIS SUBSECTION APPLY ONLY TO BREWED
PRODUCTS.

(2) A BREWER, NONRESIDENT DEALER, OR BEER WHOLESALER MAY
NOT FURNISH ANY SIGN OVER $50 IN VALUE TO THE HOLDER OF ANY RETAIL
LICENSE ISSUED UNDER THE PROVISIONS OF THIS ARTICLE WHERE THE SIGN
ADVERTISES THE BEER OR MALT PRODUCTS OF A PARTICULAR BREWER,
NONRESIDENT DEALER, OR BEER WHOLESALER.

(3) THE SIGN SHALL CONTAIN BRAND IDENTIFIABLE ADVERTISING
MATTER THAT IS PROMINENT, PERMANENT, AND EQUAL TO THE LIFE AND VALUE
OF THE UTILITARIAN CHARACTER OF THE ADVERTISING ITEM.

(D) (1) THE PROVISIONS OF THIS SUBSECTION APPLY ONLY TO WINE AND
DISTILLED SPIRITS PRODUCTS.

(2) Signs [, posters, placards, devices, graphic displays] bearing advertising
matter or any other forms of advertising for use in windows or elsewhere on a retail liquor
establishment may be given or furnished to a retailer by a brand owner who is engaged in
the business [as a distiller, nonresident dealer, rectifier, blender, bottler or wholesaler of
alcoholic beverages other than beer and malt beverages provided] OF A BUSINESS
ENTITY, IF:

[(1)](I) The utilitarian value is secondary and only incidental to the value
as an advertisement[, and provided:];

[(2)] (II) The total value of any item furnished by any brand owner for each
of its individual brands for use in any one retail establishment at any one time does not
exceed the sum of $150 for each individual brand [,]; and [provided:]

[(3)] (III) The cost of installation of these materials does not exceed that
which is usual and customary in that particular locality.

[(b)] (3) (I) In lieu of premanufactured advertising material, materials and
labor may be furnished by a brand owner for the custom manufacture of an advertising
display not exceeding $150 which is temporary in nature and has no other utilitarian
value.

(II) A manufacturer or nonresident dealer or brand owner 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] MAY 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
brand owner's products[; nothing contained herein is intended to].

(III) THESE PROVISIONS DO NOT prevent a wholesale licensee from
furnishing brand owners [, 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.

- 527 -