(1) Liquor products will be made available for sale in the following classifications:

(a) Regular products will be designated in the department's quarterly price list, and have sufficient supply maintained in the bailment warehouse in accordance with ARM 42.11.421. An agent shall give an all-beverage licensee an 8 percent discount on a full case lot of a regular product.

(b) Special order products that have sold at least one case in the prior 12 months will be published in the department's quarterly price list. An agent shall not give an 8 percent discount on a full case lot of a special order product.

(i) Inventories will be maintained in the bailment warehouse if the item has sold more than 24 cases in the 12-month period leading up to the department's biannual review.

(ii) Inventories will not be maintained in the bailment warehouse if the item has sold 24 or less cases in the 12-month period leading up to the department's biannual review. These items will be available on an order-by-order basis and, depending on supplier requirements and availability, the order may take six weeks or more to be filled.

(A) A vendor with a current Montana permit who has at least one registered representative may ship these products in on a promotional contract if approved by the department on a predetermined form. The promotional contract should:

(I) state that the product will be maintained in the bailment warehouse;

(II) list the test market locations proposed for the product and the expected initial order amount;

(III) describe the promotional strategy that the vendor and the vendor's registered representative will undertake during the six-month promotion period; and

(IV) specify a return address for excess product at the end of the promotional period.

(B) No additional supplier promotions will be allowed until excess product is removed from the warehouse. If arrangements have not been made to ship excess product back within 30 days of notification, product will be destroyed at the vendor's expense.

(c) Seasonal products are not published in the department's quarterly price list. Seasonal products are only available from the manufacturer during certain times of the year. The department will notify store agents when seasonal products become available. An agent shall not give an 8 percent discount on a full case lot of a seasonal product.

(d) Discontinued products are not published in the department's quarterly price list. Discontinued products are available until all inventories have been depleted. An agent is not required to give an 8 percent discount on a full case lot of discontinued product; however, the agent may sell the product below its last known posted price.