23-1029. POSTING OF PRICES. Each licensed wholesaler, brewer and dealer engaged in selling beer for resale within this state, shall file with the director a written schedule of prices to be charged by him for beer sold within this state for resale therein, which schedule of prices shall be uniform for the same class of buyers in the same trade area within this state, and shall set forth;

(a) all brands and types of products offered for sale;

(b) the delivered sale price thereof in the several trade areas of the state to the various classes of buyers; and

(c) any allowance granted for returned containers.

Such schedule of prices so filed may be changed or modified from time to time by filing with the director a new schedule of prices, not less than ten (10) days prior to the last day of the filing calendar month, becoming effective on the first day of the succeeding calendar month.

Such schedule of prices so filed shall not be withdrawn within ten (10) days of its effective date. An amendment of the prior filing shall show the posting changes of the particular brand and product affected. The amendment shall be in the form of a statement to the director detailing the reasons for the amendment. The amendment submitted to the director shall be prima facie evidence of its correctness; and failure of the director to act upon denial of the amendment within ten (10) days shall constitute its adoption. Upon becoming effective the schedule shall remain in effect as follows:

(i) an increase in prices, for a minimum period of thirty (30) days;

(ii) a reduction in prices, for a minimum period of six (6) months. All price schedules, so filed, shall be subject to public inspection and shall not be considered confidential. Upon the filing of the original schedule of prices, and after the effective date of any schedule of prices amendatory thereto, all prices therein stated shall be strictly adhered to, and any departure or variation therefrom shall constitute the giving of aid or assistance prohibited by the provisions of section 23-1033, Idaho Code.

History:

[I.C., sec. 23-1029, as added by 1961, ch. 299, sec. 5, p. 543; am. 1969, ch. 276, sec. 1, p. 819; am. 1972, ch. 33, sec. 1, p. 51; am. 1974, ch. 27, sec. 49, p. 811; am. 1975, ch. 151, sec. 1, p. 383; am. 1979, ch. 136, sec. 1, p. 432.]