| (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).
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