An Act To Clarify the Use of Instant Redeemab'Ie Coupons with Alcoholic Beverages
Maine Legislature, Session 124, LD 1309
Committee: Legal and Veterans Affairs
Sponsors: FITTS

FIRST REGULAK SESSIur~-2009 
Legislative Document 
No. 1309 
H.P.912 
House of Representatives, March 31, 
An Act To Clarify the Use of Instant Redeemab'Ie Coupons with 
Alcoholic Beverages 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative FITTS of Pittsfield. 
Printed on rccycleJ. paper 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 2S-A MRSA §70S, as amended by PL 2005, c. 503, §§ 1 and 2, is fllliher 
amended to read: 
§708. Prohibited discounts and rebates 
1. Certificate of approval holders. A celiificate of approval holder may not offer 
to wholesale licensees any special discounts, volume discounts or other reduced prices or 
discounts, except bona fide price reductions under section 1408 offered to all wholesale 
licensees. A .certificate of approval holder may offer depletion allowances to wholesale 
licensees if the depletion allowance is posted in accordance with section 1408. 
A 
certificate of approval holder may not offer any free merchandise, rebate or gift to the 
purchaser of an alcoholic beverage. 
2. Wholesale licensees. A wholesale licensee may not offer to retail licensees any 
special discounts, volume discounts, depletion allowances, other reduced prices or 
discounts, or refunds except bona fide price reductions under section 1"408 offered to all 
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retail licensees. A wholesale licensee may not offer any free merchandise, rebate, refund 
or gift to the purchaser of an alcoholic beverage. 
3. Retail licensees. A retail licensee may not offer any free merchandise, rebate or 
gift to the purchaser of any alcoholic beverage. 
5. 
Combination packages. 
Notwithstanding subsection 3, agency liquor store 
licensees may offer for sale any package or combination of packages of spirits that the 
commission has approved for sale in this State. 
6. 
Marketing and mail-in promotions. 
Upon approval by the commISSIOn, 
promotional materials, including mail-in rebates, designed to encourage a consumer to 
purchase a spirits product to be attached to or displayed near the spirits product where it 
is offered for sale for off-premises consumption may be offered by those whose spirits 
products are listed by the commission. 
Mail-in rebates approved by the commission 
must be redeemed by the manufacturer and not by the retail licensee and may not exceed 
the purchase price of the spirits product: Mail-in rebates, celiificates or merchandise 
included with a spirits product must be inserted in the package or attached to the package 
by the manufacturer. 
7. Instant marketing promotions. A manufacturer of spirits listed for sale by the 
commission may offer monetalY rebates in the fomi of instant redeemable coupons 
attached to the spirits product in accordance with conditions or rules established by the 
commISSIOn. 
Agency store licensees may redeem the coupons only upon proof of 
purchase and in accordance with the terms listed on the coupon. Instant redeemable 
coupons included with a spirits product must be inserted in the package or attached to the 
package by themanufacturer. 
. 
This section does not prohibit a certificate of approval holder from including a mail-
in offer, a certificate, instant redeemable coupon or merchandise in a package of beer, 
wine or low-alcohol spirits for sale by an off-premise retailer. The package .containing 
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the mai.l-in offer, certificate, instant redeemable coupon or merchandise must be 
packaged by the certificate of approval holders at the brewery or winery. 
This section does not prohibit the unconditional distribution of merchandise to the 
patrons of ail on-premise establishment. . 
SUMMARY 
This bill allows for spirits manufact1:lrers to include instant redeemable coupons with 
spirits products listed for sale by the State Liquor and Lottery Commission. 
It also 
specifies that instant redeemable coupons and other promotions attached to or included in 
spirits products packages be attached or inselted by the manufacturer.