41-1116. Same; establishment of minimum mark-ups; guidelines; samplings, studies.
41-1116
41-1116. Same; establishment of minimum mark-ups; guidelines; samplings, studies.The minimum mark-ups established by theboard shall be fair andreasonable to licensed retailers and theultimate consumer. Such mark-ups must be in the publicinterest and suchthat they do not unduly stimulate the sale and consumption of alcoholicliquor or tend to disrupt the orderly sale and distribution of alcoholicliquor. The board in establishing minimummark-ups shalltake into consideration and be guided by the following: (a) Themean of acquisition costs of licensedretailers; (b) federal, state and localtaxes and license fees which are paid by retailers and arelevied or imposed in connection with their business ofselling alcoholic liquor in this state; (c) the mean of selling costsof licensed retailers; (d)the mean of any legitimate, reasonable expense not hereinbeforespecified, incurred in the legal conduct of licensed retailers'businesses; and (e)a reasonable profit for licensed retailers. The board may base itsdetermination of the mean of retailers' acquisition costs, selling costsand operating expenses on a sampling of retailers generally representativeof all retailers in the state. To insure that retailers inthis state receive only a reasonable mark-up and profit, the alcoholicbeverage control board of review, within six (6)months after the effective date of this act, shall conduct and completestudies to determine whether the present minimum mark-ups prescribed forlicensed retailers should be maintainedas currently established, increased or decreased. Until such studiesare completed, the minimum mark-ups in effect immediately prior to the effectivedate of this act shall remain in effect.
History: L. 1961, ch. 241, § 6; L. 1977, ch. 167, § 5; L.1977, ch. 168, § 3; L. 1979, ch. 153, § 9; May 10.