16 Tex. Admin. Code § 45.102 - Loyalty Programs
(a) This section is
authorized by and implements Alcoholic Beverage Code §§
1.03,
5.31,
102.07,
102.15 and
108.04. This
section applies only to members of the retail and manufacturing tiers who are
authorized to sell directly to consumers.
(b) For purposes of this section, a loyalty
program is defined as a marketing program that offers certain incentives to
encourage customer retention. It does not include the use of coupons.
(c) The holder of a manufacturer or wholesale
tier license or permit may not directly or indirectly reimburse a retailer for
a loyalty program.
(d) Retailers
and holders of a manufacturing tier licenses or permits who are authorized to
sell directly to consumers may offer a loyalty program subject to the
conditions in this subsection.
(1) A
manufacturer authorized to sell directly to consumers may only award loyalty
program purchase points, benefits or incentives to the consumer in conjunction
with transactions directly between the manufacturer and consumer. Any purchases
of the manufacturer's products through a retailer shall not be credited to the
loyalty program.
(2) The loyalty
program may give consumers discounts on the purchase of alcoholic beverages and
on non-alcoholic beverage products or items sold directly to the consumer by
the manufacturer or retailer.
(3)
The loyalty program may have a point accrual and redemption component in
addition to discounts. Accrued points may be redeemed on alcoholic beverages
and on non-alcoholic beverage products or items sold directly to the consumer
by the manufacturer or retailer.
(4) If the license or permit holder is
authorized to sell alcoholic beverages for on-premises consumption, the license
or permit holder may not give or offer to give the consumer any alcoholic
beverage in a manner that conflicts with §
45.103 of this chapter (relating
to On-Premises Promotions).
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.