Title 3, Subtitle D | Advertising
Section 3.15 Advertising by Billboard or Sign Off Premises Prohibited. Repealed 12-17-80
Section 3.16 Price Advertising of Controlled Beverages Prohibited. Repealed 12-17-80
Section 3.17 Advertising Discount Sales Prohibited.
Except as provided in Section 3.17.1 and Section 3.17.2, no person holding any permit to sell any controlled beverages, nor any manufacturer, importer, or distributor of such controlled beverages, shall advertise, by any means, that such controlled beverages are available for purchase in conjunction with a monetary rebate, cash discount, or give the impression that upon purchase of a controlled beverage the consumer will be entitled to a monetary refund or direct cash rebate upon purchase. Further, no such person named above shall distribute or offer any coupon or other inducement to purchase alcoholic beverages to the consumer, unless specifically authorized to do so by these rules and regulations. (Amended 9-16-15)
Section 3.17.1 Advertising or Providing Refunds or Rebates or Other Inducements by Arkansas Wholesalers and Retailers.
No person holding any permit to sell any controlled beverages at retail or wholesale shall advertise that such controlled beverages are available for purchase in conjunction with a monetary rebate or give the impression that upon purchase of a controlled beverage the consumer will be entitled to a monetary refund, cash rebate, or merchandising discount from said retailer or wholesaler. Likewise, no such person shall allow or give any such refund, rebate, or merchandise discount to any consumer in conjunction with the purchase of any alcoholic beverages. Further, no such person named above shall distribute or offer any coupon or other inducement to purchase alcoholic beverages to the consumer. Exceptions to these provisions are as set forth in Section 3.17.2 of these Regulations. (Adopted 7-19-95)
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. (Adopted 9-16-15)
Licensed wholesalers, retailers and their employees shall be ineligible to participate in consumer promotional programs authorized by this Regulation.
Section 3.18 Advertising Controlled Beverages as Being Free Prohibited.
No person holding any permit to sell controlled beverages shall advertise by any means that such controlled beverages are to be given away.
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