Mailing Date: September 10, 2010

Telephone:
717-783-9454
FAX:
717-787-8820


Annetta Eberhart
12001 South Highway 99
Manteca, CA 95336-9209
VIA E-MAIL: annetta.eberhart@delicato.com
 
RE:     Delicato Wine Rebates
 
Dear Ms. Eberhart:
 
ISSUE:  On August 24, 2010, this office received Kristie Watts’ facsimile dated August 13, 2010, in which Delicato Family Vineyards requests approval of a variety of mail-in and instant rebate coupons to be offered in Pennsylvania as described in the enclosed correspondence.  Each individual offer is limited to residents of legal age.  The offers will be reviewed in the order listed in the correspondence.
 
OFFER #1
This offer is a three dollar ($3.00) mail-in rebate off the purchase of one (1) bottle of Brazin wine.  Purchases must occur on or before December 31, 2010, and rebates must be postmarked by January 15, 2011. To receive the rebate, the completed certificate and an original dated cash register receipt with the price of the qualifying product circled, must be submitted to the address on the form, and the rebate is limited to one (1) per household. 
 
OFFER # 2
This offer is a two dollar ($2.00) instant rebate off the purchase of any 750 ml bottle of Brazin wine.  Purchases must occur on or before December 31, 2010.  To receive the rebate, the coupon must be presented at time of purchase, and the rebate is limited to one (1) per purchase.  This offer is limited to residents of legal age.
 
OFFER #3
This offer is a mail-in rebate for three dollars ($3.00) off the purchase of two (2) 750ml bottles of Gnarly Head wine, eight dollars ($8.00) off the purchase of four (4) 750ml bottles of Gnarly Head wine, or fifteen dollars ($15.00) off the purchase of six (6) 750ml bottles of Gnarly Head wine.  This offer expires on December 31, 2010, and is limited to adults of legal drinking age.
 
OPINION:  This office has reviewed the proposed promotions and accompanying point-of sale (“POS”) materials, and has determined that all of the offers comport with applicable liquor laws and regulations, specifically subsection 493(24)(i) of the Liquor Code, and is acceptable for use in this Commonwealth.  [47 P.S. § 4-493(24)(i)].
 
The total cost of all POS advertising material relating to any one (1) brand of any one (1) manufacturer at any one (1) time may not exceed three hundred dollars ($300.00) on a retail licensed premises.  [47 P.S. § 4-493(20)(i)].
 
Therefore, it would be permissible to conduct the promotion for the mail-in wine rebates and the instant rebates in the Commonwealth in reference to the areas checked below:
 
     
retail licensed premises.
     
distributor licensed premises.
     
both retail and distributor licensed premises.
 X  
the Board’s wine and spirit stores, subject to approval of the Bureau of Product Management.
 
     
Other, Internet, text messaging.
 
THIS OPINION APPLIES ONLY TO THE FACTUAL SITUATION DESCRIBED HEREIN AND DOES NOT INSULATE THE LICENSEE OR OTHERS FROM CONSEQUENCES OF CONDUCT OCCURRING PRIOR TO ITS ISSUANCE.  THE PROPRIETY OF THE PROPOSED CONDUCT HAS BEEN ADDRESSED ONLY UNDER THE LIQUOR CODE AND REGULATIONS.  THE LAWS AND POLICIES ON WHICH THIS OPINION IS BASED ARE SUBJECT TO CHANGE BY THE LEGISLATURE OR THE PENNSYLVANIA LIQUOR CONTROL BOARD.
 
Very truly yours,
 
 
FAITH S. DIEHL
CHIEF COUNSEL
 
cc:       Pennsylvania State Police,
                    Bureau of Liquor Control Enforcement
            Jim Short, Director, Marketing
            Alma Kocher, Bureau of Product Management
             
LCB Advisory Opinion No. 10-349

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