(a) It shall be unlawful for any person holding a manufacturer’s license or a wholesale dealer’s license to induce the purchases of a retail licensee by:
Terms Used In Hawaii Revised Statutes 281-42
Alcohol: means the product of distillation of any fermented liquid, whether rectified or not, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but not denatured or other alcohol which is considered nonpotable under the customs laws of the United States. See Hawaii Revised Statutes 281-1
Commission: means the liquor commission for the county within which such commission has jurisdiction under this chapter. See Hawaii Revised Statutes 281-1
Licensee: includes also all agents, servants, and employees of the holder of a license. See Hawaii Revised Statutes 281-1
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Person: means and includes natural persons, associations, copartnerships, limited liability companies, and corporations, and also includes any agent, servant, and employee of such person. See Hawaii Revised Statutes 281-1
Personal property: All property that is not real property.
Retail licensee: means any licensee holding a class 2, class 4 through class 16, or class 18 license. See Hawaii Revised Statutes 281-1
(1) Acquiring or holding any interest in any license of a retail licensee;(2) Acquiring any interest in the real or personal property owned, occupied, or used by a retail licensee in the conduct of its business, unless the holding of the interest is permitted under the regulations of the liquor commission or a statement thereof has been filed with the commission and has not been disapproved by the commission;(3) Furnishing, giving, renting, lending, or selling to a retail licensee any equipment, fixtures, signs, supplies, money, services, or other thing of value, subject to the exceptions contained in subpart D of the “tied house” regulations of the Bureau of Alcohol, Tobacco and Firearms of the United States Treasury Department, [title] Title 27 of the Code of Federal Regulations, Part 6 (1988), as may be amended;(4) Paying or crediting a retail licensee for any advertising, display, or distribution service, whether or not the advertising, display, or distribution service received is commensurate with the amount paid by the retail licensee; provided that this paragraph shall not prohibit representatives of manufacturers and wholesalers from creating and maintaining displays and point of purchase sales materials, or from stocking shelves and cold boxes;(5) Guaranteeing any loan or the repayment of any financial obligation of a retail licensee;(6) Extending credit to the retail licensee for a period of time in excess of thirty days from the date of invoice;(7) Requiring a retail licensee to take and dispose of any quota of liquor; or(8) Requiring a retail licensee to purchase one product in order to purchase another product. This includes combination sales if one or more products may be purchased only in combination with other products and not individually; provided that a manufacturer or wholesale dealer shall not be prohibited from selling at a special combination price, two or more kinds or brands of products to a retail licensee if:
(A) The retail licensee has an option of purchasing either product at the usual price; and(B) The retail licensee is not required to purchase any product it does not want.(b) It shall be unlawful for any person holding a manufacturer’s or wholesale dealer’s license:
(1) To sell any liquor at wholesale prices without invoicing the vendee’s license number, except where the vendee, although authorized to resell, is not required by law to hold a license, in which case the invoice shall fully indicate the vendee’s identity; or(2) To sell any liquor, except for cash or by receiving payment in advance of delivery, to any retail licensee who has not paid in full for all previous purchases of liquor from such manufacturer or wholesaler by the expiration of the thirtieth day from the date of the invoice for such liquor.(c) In construing subsection (a), the courts and the liquor commission shall follow the rules, regulations, and decisions of the Bureau of Alcohol, Tobacco and Firearms of the United States Treasury Department and the federal courts in interpreting section 5(b) of the Federal Alcohol Administration Act, as the same may be changed from time to time.
