markup – Exceptions. No alcoholic beverages intended for off-premise or on-premise consumption shall be sold at retail for less than a six percent (6%) markup, unless the sale meets one or more of the following conditions: 1. Where seasonable merchandise is sold in bona fide clearance sales, if advertised, marked and sold as such; 2. Where merchandise is imperfect or damaged or is being discontinued and is advertised, marked and sold as such; 3. Where merchandise is sold upon the final liquidation of any business; 4. Where merchandise is sold for charitable purposes or to relief agencies; 5. Where merchandise is sold on contract to departments of the government or governmental institutions; 6. Where merchandise is sold by any officer acting under the order or direction of any court; or 7. Where merchandise is sold at any bona fide auction sale. Added by Laws 2016, c. 366, § 88, eff. Oct. 1, 2018. NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
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