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Can I offer discounts or promotions without violating pricing laws in Maine? What are the requirements?
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Discounts and Promotions in Maine
In Maine, there are laws that prohibit certain discounts and promotions related to the sale of liquor. These laws are outlined in [1.1]" >28-A MERS Section 708 and [1.4]" >28-A MERS Section 709.
Prohibited Discounts and Rebates
According to [1.1]" >28-A MERS Section 708, licensed in-state and out-of-state manufacturers and wholesalers of malt liquor or wine are prohibited from offering any special discounts, volume discounts, or other reduced prices or discounts on malt liquor or wine to a wholesale licensee, except bona fide price reductions under section 1408 offered to all wholesale licensees. Certificate of approval holders are also prohibited from offering any free merchandise, rebate, refund, or gift to a purchaser of spirits, wine, or malt liquor, except as provided in this section.
Prohibition of Certain Practices
[1.4]" >28-A MERS Section 709 prohibits certain practices related to the sale of liquor. Licensees, employees of licensees, or agents of licensees are prohibited from offering or delivering any free liquor to any person or group of persons, delivering more than a certain amount of liquor to one person at one time, selling or delivering an unlimited number of drinks for a fixed price, encouraging or permitting any game or contest that involves drinking or the awarding of drinks as prizes, or engaging in any other practice the specific purpose of which is to encourage customers of the licensee to drink to excess.
Exceptions
There are exceptions to the above laws. For example, licensees are allowed to offer free food or entertainment either with or without the purchase of one drink, increase the prices for drinks when entertainment is provided, include a drink as part of a meal package, and offer reduced prices for prearranged private parties on the premises of the licensee, among other exceptions outlined in [1.4]" >28-A MERS Section 709.
In addition, [1.2]" >28-A MERS Section 708-A allows certificate of approval holders, spirits suppliers, wholesale licensees, or retail licensees to offer sweepstakes, games, and contests inside packages of liquor, as long as the offer is not contingent on the purchase of liquor and appropriate information is provided to participate in the sweepstakes, game, or contest.
Conclusion
In summary, Maine law prohibits certain discounts and promotions related to the sale of liquor, but there are exceptions. It is important to review the specific laws and regulations to ensure compliance.
Source(s):
- [1.1] Prohibited discounts and rebates
- [1.2] In-pack sweepstakes, contests and games
- [1.4] Prohibition of certain practices
Jurisdiction
Maine