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On July 18th, California Governor Jerry Brown signed into law Section 25600.3 of the Business and Professions Code, which expressly prohibits beer manufacturers, importers, and wholesalers from offering, funding, sponsoring, or furnishing any type of coupon whereby a consumer gets an instant discount on beer, cider or perry, at the time of purchase. Prohibited coupons include instantly redeemable coupons (IRCs) of all kinds, whether paper, digital or electronic. The bill also prohibits retail licensees from accepting or possessing any such coupon funded by a beer wholesaler or manufacturer, although it does not prevent a retailer from offering its own coupons as set out below.
Per the bill sponsor, beer IRCs have been targets for fraud and have created liability issues for beer suppliers, as well as creating an imbalance in the beer marketplace among major breweries and the burgeoning craft beer market. The bill received major support from MillerCoors and Anheuser-Busch.
Not affected by the law are mail-in rebates, retailer-sponsored coupons, instant coupons for distilled spirits and wine (provided the coupons do not also discount beer), and instant rebates offered by beer manufacturers at the production facility or other premises owned or operated by the manufacturer. This last exception keeps the door open for small brewers licensed with a Type 23 license to offer instant rebates at brew-pubs owned and operated by the brewery.
Suppliers and retailers should be careful with all beer, cider and perry coupons as they may be affected by the new prohibition. We have put together a chart below to show what coupons are caught by the law. You should check each license that is held by the sponsor to see if the law prevents the coupon.
California IRCs by Alcohol and ABC License Type
| Beer Manufacturer (CA or out-of-state) | Beer and Wine Wholesaler | Beer and Wine Importer | Winegrower (if wholly owned by a Beer Manufacturer) | Winegrower (not owned by Beer Manufacturer) | Retailer | |
| Malt beverages (incl. beer) | No | No | No | No | N/A | Yes |
| Cider | No | No | No | No | Yes | Yes |
| Perry | No | No | No | No | Yes | Yes |
| Wine/spirits | N/A | Yes | Yes | Yes | Yes | Yes |
Rebate regulations vary from state to state. For more information on coupon laws for wine, beer, and distilled spirits, contact an attorney at Strike Kerr & Johns.
Alcohol.law Digest is published for general informational purposes only and is not intended as legal advice. Copyright © 2013 · All Rights Reserved ·
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