§281-42  Manufacturers and wholesaledealers, special restrictions.  (a)  It shall be unlawful for any personholding a manufacturer's license or a wholesale dealer's license to induce thepurchases of a retail licensee by:

(1)  Acquiring or holding any interest in any licenseof a retail licensee;

(2)  Acquiring any interest in the real or personalproperty owned, occupied, or used by a retail licensee in the conduct of itsbusiness, unless the holding of such interest is permitted under theregulations of the liquor commission or statement thereof has been filed withthe commission and has not been disapproved by it;

(3)  Furnishing, giving, renting, lending, or sellingto a retail licensee any equipment, fixtures, signs, supplies, money, servicesor other thing of value, subject to the exceptions contained in Subpart D ofthe "tied house" regulations of the Bureau of Alcohol, Tobacco andFirearms of the United States Treasury Department, 27 Code of FederalRegulations Part 6 (1988) as the same may change from time to time;

(4)  Paying or crediting a retail licensee for anyadvertising, display or distribution service, whether or not the advertising,display or distribution service received is commensurate with the amount paidby the retail licensee; provided that this paragraph shall not prohibitrepresentatives of manufacturers and wholesalers from creating and maintainingdisplays and point of purchase sales materials, or from stocking shelves andcold boxes;

(5)  Guaranteeing any loan or the repayment of anyfinancial obligation of a retail licensee;

(6)  Extending credit to the retail licensee for aperiod of time in excess of thirty days from the date of invoice;

(7)  Requiring a retail licensee to take and disposeof any quota of liquor; or

(8)  Requiring a retail licensee to purchase oneproduct in order to purchase another product.  This includes combination salesif one or more products may be purchased only in combination with otherproducts and not individually, provided that a manufacturer or wholesale dealeris not prohibited from selling at a special combination price, two or morekinds or brands of products to a retail licensee, if (A) the retail licenseehas an option of purchasing either product at the usual price, and (B) theretail licensee is not required to purchase any product it does not want.

(b)  It shall be unlawful for any personholding a manufacturer's or wholesale dealer's license:

(1)  To sell any liquor at wholesale prices withoutinvoicing the vendee's license number, except where the vendee, althoughauthorized to resell, is not required by law to hold a license, in which casethe invoice shall fully indicate the vendee's identity; or

(2)  To sell any liquor, except for cash or byreceiving payment in advance of delivery, to any retail licensee who has notpaid in full for all previous purchases of liquor from such manufacturer orwholesaler by the expiration of the thirtieth day from the date of the invoicefor such liquor.

(c)  In construing subsection (a), the courtsand the liquor commission shall follow the rules, regulations, and decisions ofthe Bureau of Alcohol, Tobacco and Firearms of the United States TreasuryDepartment and the federal courts in interpreting section 5(b) of the FederalAlcohol Administration Act, as the same may be changed from time to time. [L Sp1933, c 40, §24; RL 1935, §2593; am L 1937, c 211, §12; am L 1939, c 205, pt of§1; RL 1945, §7245; am L 1949, c 301, §1(d); am L 1951, c 223, §1(5); RL 1955,§159-42; HRS §281-42; am L 1971, c 175, §1; gen ch 1985; am L 1990, c 171, §13]