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§37-573.
§37-573.
A. No liquor, wine, or beer shall be labeled, offered or advertised
for sale unless in accordance with such regulations and unless the
brand label shall have been registered with and approved by the
Alcoholic Beverage Laws Enforcement Commission and the appropriate fee
paid as provided for in this section.
B. An application for registration of a brand label shall be filed by
the owner of the brand if such owner is licensed by the ABLE
Commission, however, if the owner is not licensed but is represented
by a licensed nonresident seller, the nonresident seller licensee
shall submit each label for each product he offers for sale in this
state. Cordials and wines which differ only as to age or vintage year,
as defined by such regulations, shall be considered the same brand;
and those that differ as to type or class may be considered the same
brand by the ABLE Commission where consistent with the purposes of
this section.
C. The application for registration of a brand label shall be filed on
a form prescribed by the ABLE Commission, and shall contain such
information as the ABLE Commission shall require. Such application
shall be accompanied by a certified check, bank officers' check or
draft, or money order in the amount of the annual registration fee
prescribed by this section.
D. The annual fee for registration of any brand label for liquor shall
be Three Hundred Seventy-five Dollars ($375.00); the annual fee for
registration of any brand label for beer shall be Two Hundred Dollars
($200.00); the annual fee for registration of any brand label for wine
shall be Two Hundred Dollars ($200.00).
Each brand label registered and approved pursuant to this section
shall be valid for a term which shall run concurrently with the term
of the license of the brand owner, or nonresident seller representing
the brand owner, registering such label and shall be valid for such
licensee and shall not be transferable.
E. If the ABLE Commission shall deny the application for registration
of a brand label it shall return the registration fee to the
applicant, less twenty-five percent (25%) of such fee.
F. The ABLE Commission may at any time exempt any discontinued brand
from fee provisions of this section where a manufacturer or wholesaler
has an inventory of one hundred cases or less of liquor or wine and
five hundred cases or less of beer, and certifies to the ABLE
Commission in writing that such brand is being discontinued.
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