§281-46  Pool buying.  (a)  No holder of
a wholesale dealer's or manufacturer's license shall refuse to sell liquor to
two or more licensees pursuant to any pool buying agreement between the
licensees which has been filed with the commission having jurisdiction over the
licensees; provided that:



(1)  The pool buying agreement is in writing and
designates one of the licensees as the agent of the others for the purpose of
pool buying;



(2)  Any order for pool buying from the holder of a
manufacturer's or wholesale dealer's license shall be placed by the agent and
payment for that order shall be made by the agent;



(3)  The holder of a manufacturer's or wholesale
dealer's license in selling to the agent shall follow invoice, record keeping,
and delivery procedures which are in compliance with this chapter and the rules
of the commission of each county having jurisdiction over the seller; and



(4)  Each pool buying transaction shall be completed
on the day transacted, and where the pool buying agreement is between or among
licensees from different counties, the transaction shall be deemed completed
when the product has been delivered to a freight forwarder, water carrier or
private trucking firm for delivery to the licensees.



(b)  As used in this section, "pool buying"
means two or more licensees sharing the cost of a single purchase of liquor.



(c)  Nothing in this section shall be deemed to
exempt any licensee entering into any pool buying agreement from any antitrust
laws. [L 1980, c 21, §1; am L 1983, c 229, §1]