Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 02 - Alcoholic Beverage Control Division › Rule 006.02.16-019 - Amendment to Section 3.17.2

Current through Register Vol. 49, No. 6, June, 2024
Section
			 3.17.2
Consumer Promotion Offers Allowed by
			 Manufacturers or Importers.
A manufacturer or importer of beer,
			 wine or distilled spirits products may offer certain consumer promotional
			 programs that are tied to the purchase of an alcoholic beverage. However, no
			 manufacturer or importer of alcoholic beverages shall offer any coupon or other
			 promotion incentive which entitles the consumer, in conjunction with the
			 purchase of an alcoholic beverage, to any type of cash discount, rebate, or
			 merchandise redemption from an Arkansas wholesaler or retailer. A manufacturer
			 or importer, or their agent, not to include any Arkansas wholesaler or
			 retailer, shall be allowed to offer the following types of consumer programs:
(1) A manufacturer or importer of wine or
			 distilled spirits may offer a form, conditioned upon the purchase of an
			 alcoholic beverage, which entitles the consumer to a monetary rebate from said
			 manufacturer or importer or designated third party;
(2) A manufacturer or importer may offer
			 merchandise programs to consumers with the merchandise price being discounted
			 upon proof of purchase. Provided, that no discount program may be offered based
			 upon multiple purchases by the consumer; (Amended 9-8-97 )
(3) A manufacturer or importer may offer
			 merchandise to a consumer that is part of a combination package or is sealed
			 inside or contained within an alcoholic beverage carton;
(4) A manufacturer or importer may offer
			 consumers the ability to enter sweepstakes events based upon proof of purchase
			 of an alcoholic beverage. Provided, if a manufacturer or importer offers a
			 sweepstakes event based upon proof of purchase of an alcoholic beverage, they
			 will also be required to offer an alternative means of entry, by way of free
			 standing point of sale items, that is not attached to or packaged with the
			 alcoholic beverage product.
The cost of any such authorized rebate program, merchandise
				program, or sweepstakes shall be an expense to the manufacturer or importer
				offering such promotional programs, and not be recouped in whole or part from
				any Arkansas wholesaler or retailer.
Any such authorized promotional offerings or rebates must be
				made to Arkansas consumers through the following means of distribution;
(a) In any printed media of statewide
			 circulation;
(b) In the original
			 package arrangement produced and shipped by the manufacturer;
(c) Manufacturers or suppliers may provide
			 brand specific mail in rebate forms to Arkansas wholesalers for distribution to
			 Arkansas retailers. Arkansas wholesalers may distribute brand specific mail in
			 rebate forms to Arkansas retailers; provided that the brand specific rebate
			 forms are made available to any Arkansas retailer offering the brand for sale
			 to an Arkansas consumer.
Licensed wholesalers, retailers and their employees shall be
				ineligible to participate in consumer promotional programs authorized by this
				Regulation.