(5) All advertising of liquor and beer by manufacturers, suppliers, importers, local industry representatives, wholesalers, permittees, and licensed retailers of such products, and type 4 and 5 package agencies as defined in R82-2-301 shall comply with the advertising requirements listed in subpart (6) of this rule.
(6) Advertising Requirements. Any advertising or advertisement authorized by this rule:
(a) may not violate any federal laws referenced in subpart (3) of this rule;
(b) may not contain any statement, design, device, or representation that is false or misleading;
(c) may not contain any statement, design, device, or representation that is obscene or indecent;
(d) may not refer to, portray or imply illegal conduct, illegal activity, abusive or violent relationships or situations, or anti-social behavior, except in the context of public service advertisements or announcements to educate and inform people of the dangers, hazards and risks associated with irresponsible drinking or drinking by persons under the age of 21 years;
(e) may not encourage over-consumption or intoxication, promote the intoxicating effects of alcohol consumption, or overtly promote increased consumption of alcoholic products;
(f) may not advertise any unlawful discounting practice such as "happy hour", "two drinks for the price of one", "free alcohol", or "all you can drink for $...".
(g) may not encourage or condone drunk driving;
(h) may not depict the act of drinking;
(i) may not promote or encourage the sale to or use of alcohol by minors;
(j) may not be directed or appeal primarily to minors by:
(i) using any symbol, language, music, gesture, cartoon character, or childhood figure such as Santa Claus that primarily appeals to minors;
(ii) employing any entertainment figure or group that appeals primarily to minors;
(iii) placing advertising in magazines, newspapers, television programs, radio programs, or other media where most of the audience is reasonably expected to be minors, or placing advertising on the comic pages of magazines, newspapers, or other publications;
(iv) placing advertising in any school, college or university magazine, newspaper, program, television program, radio program, or other media, or sponsoring any school, college or university activity;
(v) using models or actors in the advertising that are or reasonably appear to be minors;
(vi) advertising at an event where most of the audience is reasonably expected to be minors; or
(vii) using alcoholic beverage identification, including logos, trademarks, or names on clothing, toys, games or game equipment, or other materials intended for use primarily by minors.
(k) may not portray use of alcohol by a person while that person is engaged in, or is immediately about to engage in, any activity that requires a high degree of alertness or physical coordination;
(l) may not contain claims or representations that individuals can obtain social, professional, educational, athletic, or financial success or status as a result of alcoholic beverage consumption, or claim or represent that individuals can solve social, personal, or physical problems as a result of such consumption;
(m) may not offer alcoholic beverages without charge;
(n) may not require the purchase, sale, or consumption of an alcoholic beverage in order to participate in any promotion, program, or other activity; and
(o) may provide information regarding product availability and price, and factual information regarding product qualities, but may not imply by use of appealing characters or life-enhancing images that consumption of the product will benefit the consumer's health, physical prowess, sexual prowess, athletic ability, social welfare, or capacity to enjoy life's activities.
(7) Violations. A violation of this rule may result in any administrative penalties authorized by section 32B-3-205, and may result in the imposition of the criminal penalty of a class B misdemeanor pursuant to sections 32B-4-304 and -510.
R82-1-105. Label Approvals.
(1) Authority. This rule is pursuant to sections 32B-1-601 through32B-1-608 which give the Commission the authority to adopt rules necessary to fully implement certain aspects of the Malted Beverages Act,
(a) Pursuant to section 32B-1-604, a manufacturer may not distribute or sell in this state any malted beverage including beer, heavy beer, and flavored malt beverage unless the label and packaging of the beverage has been first approved by the Department.
(b) The requirements and procedures for applying for label and packaging approval are set forth in sections 32B-1-604 through 32B-1-606.
(c) This rule:
(i) provides supplemental procedures for applying for and processing label and package approvals;
(ii) defines the meaning of certain terms in the Malted Beverages Act; and
(iii) establishes the format of certain words and phrases required on the containers and packaging of certain malt beverages as required bysection 32B-1-606.
(3) Application of Rule.
(a) A complete set of original labels for each size of container must accompany each application for label and packaging approval.
(i) This includes all band, strip, front and back labels appearing on any individual container.
(ii) Original containers will not be accepted.