OAR 845-007-0015: Advertising Media, Coupons

(1) The Commission prohibits advertising through: (a) Handbills that are posted or passed out in public areas such as parking lots and publicly owned property; and (b) Point of sale items on premises where the advertised product is not sold. (2) The Commission may prohibit advertising through additional media consistent with the objectives in OAR 845-007-0005. (3) The Commission allows manufacturers to give consumer rebates coupons on malt beverages, wine and cider. Progressive-type coupons which provide a larger rebate when progressively more alcohol is purchased are permitted. An example of this would be a rebate that offers $5 for the purchase of one six-pack/bottle but $12 for two. All advertising associated with rebate coupons must comply with applicable state and federal law and regulations. The manufacturer must furnish rebate coupons to all licensees carrying the product for off-premises consumption. The manufacturer is responsible for the redemption of rebate coupons. No retail licensee may receive any money or similar benefit from a manufacturer for the redemption of any coupons. All rebate coupons offered by manufacturers in the State of Oregon must meet the following requirements: (a) Coupons must be redeemable only by mail, except that a manufacturer may offer instantly redeemable coupons for products sold to consumers under the manufacturer’s retail privileges at the manufacturer’s licensed premises; (b) Coupons must bear an expiration date; (c) Manufacturers must require proof of purchase; (d) Coupons must be valid only for adults of legal drinking age. (4) The Commission may require withdrawal of the rebate coupon if the manufacturer does not comply with the conditions of the rebate coupon or Commission rules. (5) The Commission allows manufacturers to offer cross promotional rebate coupons that provide a discount or rebate on food, non-alcoholic beverages or non-food items with or without the purchase of an alcoholic beverage product (for example, $1.00 off tortilla chips with the purchase of a six-pack of Corona beer). Such coupons may be offered for generic or branded products (for example, hot dogs or Armour hot dogs) but may not be limited to exclusive store brands or products. All manufacturer issued cross promotional coupons must comply with the requirements in section (3) of this rule. (6) The Commission allows retailers to issue coupons on alcoholic beverages provided that the retailer bears all costs associated with the redemption of the coupon and receives no payment from any manufacturer. Examples of retailer issued coupons could include rain checks issued by a retailer that allow a customer to get the advertised price of an alcoholic beverage product when a product is temporarily out of stock, coupons or certificates that provide a discount on meals including alcohol to be consumed at a licensed premises, coupons that provide a discount on any products the retailer sells such as 10% off of a bill of $50 or more, and customer loyalty programs such as club cards or frequent customer discount cards. Retailer issued coupons may be instantly redeemable or mail-in. The retail licensee must pay for all discounts on alcoholic beverages provided under retailer issued coupons. (7) Use of coupons must conform with the principles of OAR 845-013-0001. A licensee who violates any section of this rule commits a Category IV violation under the Commission’s sanction schedule (OAR 845-006-0500).