1. (a) General.

   1. (1) This rule is enacted pursuant to §102.20 of the Alcoholic Beverage Code.
   2. (2) This rule applies to members of the wholesale tier and those members of the manufacturing tier authorized to sell to retailers for all beverages.
2. (b) Restocking. Licensees and permittees subject to this rule may, at retail premises, with permission of the retailer, stock, rotate, affix prices, and reset or rearrange alcoholic beverages they sell, provided products of other industry members are not altered or disturbed.
3. (c) Licensees and permittees subject to this rule may, at retail premises, with permission of the retailer, organize and construct displays of alcoholic beverages they sell. Notwithstanding the provisions of subsection (b) of this section, products of other industry members, arranged in floor or end cap displays, may be moved, with the permission of the retailer, in order to perform the services allowed by this subsection. Displays constructed under this subsection must be accessible to the consumer.
4. (d) The activities permitted by subsections (b) and (c) of this section may only be performed during the hours when the sale or delivery of specific alcoholic beverages are legal and may also be performed for malt beverages and wine from 5:00 a.m. to 12:00 noon on Sunday.
5. (e) Licensees and permittees subject to this rule may provide shelf plans or schematics to retailers.

Source Note:The provisions of this §45.109 adopted to be effective January 2, 1998, 22 TexReg 12748; amended to be effective September 17, 1998, 23 TexReg 9339.