Current through Register Vol. 56, No. 18, September 16, 2024
(a) Subject to the
provisions of this section, a manufacturer, distiller, blender and rectifier,
brewer, vintner, or any importer may offer mail-in rebates or refunds of a portion
of the purchase price of alcoholic beverages directly to consumers.
1. No such rebate may be for more than the full
amount of the retail purchase price of the alcoholic beverage. In addition, the
reimbursement of first-class postage to the consumer for the cost of mailing in the
rebate offer for redemption is permitted.
2. Any such rebate offer shall require a form,
with all the terms and conditions of the rebate offer clearly stated thereon, to be
completed and mailed by a consumer who must be of legal age to purchase alcoholic
beverages. A proof-of-purchase may also be required to be submitted with the form.
Such forms shall be distributed to consumers via advertisements in newspapers,
magazines, circulars of general distribution, or internet site; by general address
mailings; by point-of-sale tear-off pads on retail licensed premises; or by
neck-hangers or other attachments on bottles or packaging or other similar means of
distribution; provided that such pads, neck-hangers, or other attachments or other
similar means of distribution shall be non-discriminatorily distributed to licensees
within a targeted advertising area.
3.
Any rebate offered in accordance with this section shall be mailed to the consumer
completing the form at the address shown thereon in the form of cash or check
only.
4. At least 10 days prior to the
commencement of any rebate promotion offered in accordance with this section, the
manufacturer, distiller, blender and rectifier, brewer, vintner, or importer making
such rebate offer shall file in duplicate with the Director of the Division of
Alcoholic Beverage Control a statement setting forth all terms and conditions of the
rebate offer, including, but not limited to, the amount of rebate, any
proof-of-purchase requirement, the effective dates of the offer, the marketing area
in which the offer will be promoted, how the offer will be advertised to the public
and the name and address of any clearinghouse retained to process rebates. A
facsimile or copy of the rebate offer form shall also be filed in duplicate. The
Division shall promptly be notified of any change in the terms of a rebate offer
prior to such changes taking place.
(b) No manufacturer, distiller, blender and
rectifier, brewer, vintner, importer, wholesaler or distributor shall provide or
distribute by any means whatsoever any coupon or certificate redeemable for a
discount on or "cents-off" the purchase price of any alcoholic beverage by a
consumer at any retail licensed premises, nor shall any retail licensee redeem any
such coupon or certificate.
(c) No
manufacturer, distiller, blender and rectifier, brewer, vintner, importer,
wholesaler or distributor shall provide or distribute any instant win coupon,
ticket, cap, game card or the like.
(d)
A retail licensee may advertise a net final price or a reduction in the price of an
alcoholic beverage product or package offered for sale by reason of a manufacturer's
rebate or refund, provided that the manufacturer's rebate or refund is conspicuously
displayed in the advertising.
