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

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

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

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

(4)  Each pool buying transaction shall be completedon the day transacted, and where the pool buying agreement is between or amonglicensees from different counties, the transaction shall be deemed completedwhen the product has been delivered to a freight forwarder, water carrier orprivate 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 toexempt any licensee entering into any pool buying agreement from any antitrustlaws. [L 1980, c 21, §1; am L 1983, c 229, §1]