Michigan Compiled Laws
58-1998-6 - Chapter 6 (436.1601...436.1611)
Section 436.1610d - Cooperative Advertising; Exceptions; Instant Rebate Coupons; Limitations; "Cooperative Advertising" Defined.

Sec. 610d.
(1) There must not be cooperative advertising:
(a) Between a manufacturer, an outstate seller of beer, an outstate seller of wine, and a retailer.
(b) Between a wholesaler and a retailer.
(c) Between a manufacturer, an outstate seller of beer, an outstate seller of wine, and a wholesaler.
(2) A manufacturer, an outstate seller of beer, or an outstate seller of wine may do any of the following:
(a) Pay any portion of the cost of painting a truck of a wholesaler.
(b) Supply a brand logoed decal or advertising mat, or both, to a wholesaler without cost.
(c) Use the name or logo of the wholesaler of the outstate seller of beer or outstate seller of wine in the advertising of the outstate seller of beer or outstate seller of wine.
(3) The name of a retailer must not appear in the advertising of a manufacturer, an outstate seller of beer, an outstate seller of wine, or a wholesaler.
(4) A retailer may offer consumers instant rebate coupons for use with alcoholic liquor purchases. An instant rebate coupon issued under this subsection must comply with all of the following:
(a) A retailer shall only issue coupons that state a specific expiration date and specific cash refund value on the coupons.
(b) A retailer shall not issue coupons that make any alcoholic liquor free. For spirits, the retailer shall only issue coupons where the specific cash refund amount does not exceed 35% of this state's minimum shelf price for the products purchased and does not reduce the retail price of any product below $2.00 a bottle.
(c) A retailer may issue coupons that can be applied to more than 1 specific product from a manufacturer, but must state the manufacturer to which they apply.
(d) A retailer shall issue coupons that require the retail customer to purchase at least 1 product of alcoholic liquor to redeem a coupon. A retailer may issue coupons that require the retail customer to purchase 2 or more alcoholic liquor products from the same manufacturer to redeem the coupon.
(e) For spirits, a retailer shall only issue coupons for the 375 milliliters or larger size bottles.
(f) A supplier or wholesaler of beer or wine shall not pay for or participate in the offering of an instant rebate coupon.
(5) As used in this section, "cooperative advertising" means a jointly funded effort between licensees or between vendors of spirits.
History: Add. 2018, Act 426, Imd. Eff. Dec. 20, 2018

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 436 - Alcoholic Beverages

Act 58 of 1998 - Michigan Liquor Control Code of 1998 (436.1101 - 436.2303)

58-1998-6 - Chapter 6 (436.1601...436.1611)

Section 436.1601 - Importation, Sale, Transportation, and Delivery of Beer, Wine, Mixed Spirit Drink, and Mixed Wine Drink for Sale by Wholesaler; Requirements; Commission Authority to Inspect and Seize or Destroy.

Section 436.1602 - Termination, Cancellation, Nonrenewal, or Discontinuation of Agreement; Voidance.

Section 436.1603 - Interest in Business of Other Vendor Prohibited; Placing Stock in Portfolio Under Arrangement, Trust Agreement, or Investment Trust Agreement; Issuance and Sale of Participating Shares Within State; Prohibitions; Sale of Brandy and...

Section 436.1605 - Acquisition, Development, Sale, Lease, Financing, Maintenance, Operation, or Promotion of Real Property Occupied or to Be Occupied by Another Vendor; Conditions; Denial or Approval of Arrangement or Contract; Review; Denial, Revoca...

Section 436.1607 - Eligibility for License as Specially Designated Merchant or Specially Designated Distributor; Prohibitions; Small Distiller; Wine Maker and Small Wine Maker; Brewer as Specially Designated Merchant; Brewery Hospitality Room; Sales...

Section 436.1608 - Distribution and Sale of Alcoholic Beverages; Prohibited Conduct by Manufacturers; Violation; Civil Fine; Financial Records.

Section 436.1609 - Aiding or Assisting Other Vendor Prohibited; Exception; Refunding Amount of Price Reductions; Providing Licensee With Advertising Items; Providing Licensee With Goods and Services; Approval by Commission; Sale of Brand Logoed Items...

Section 436.1609a - Filing by Manufacturer or Wholesaler; Schedule of Net Cash Prices; Beer Package Price; Sale of Beer at Quantity Discount Prohibited; Disclosure of Filing Under Subsections (1) and (2); Comparison of Filing Under Subsections (1) an...

Section 436.1609b - Expenditure Records for Each Call on Retail Licensee; Drink Purchase for Promotional Purposes; Limitation.

Section 436.1609c - Beer, Wine, or Mixed Spirit Drink; Refund or Replacement; Reasons.

Section 436.1609d - Specially Designated Distributor; Refund to Special Licensee for Unopened Bottles.

Section 436.1609e - Providing of Brand Logoed Tent or Trailer or Temporary Platform to Special Licensee.

Section 436.1609f - Provision of Technology to Assist in Sales, Marketing, Delivery, Merchandising, or Training; Requirements.

Section 436.1609g - Sale of Nonalcoholic Products to Retailer; Applicability of Act.

Section 436.1609h - Electronic Rebate Coupons.

Section 436.1609i - Commercially Reasonable Effort Requirements to Meet Demands.

Section 436.1609j - Recall or Removal of Beer, Wine, or Mixed Spirit Drink Products; Notification Requirements; Destruction and Reimbursement.

Section 436.1610 - Advertising; Use of Unpaid Social Media; Supplier's Assistance; Requirements; Definitions.

Section 436.1610a - Promotion of Brands and Prices of Alcoholic Liquor; Signs; Requirements.

Section 436.1610b - Temporary Bin Display.

Section 436.1610c - Certain Equipment to Special Licensee; Beer Festival; Limitations.

Section 436.1610d - Cooperative Advertising; Exceptions; Instant Rebate Coupons; Limitations; "Cooperative Advertising" Defined.

Section 436.1611 - Refund or Credit of Tax Paid on Wine, Mixed Spirit Drink, or Beer; Conditions; Time Limitation; Form and Contents of Claim; Supporting Evidence; Removal or Destruction of Damaged Wine, Beer, or Mixed Spirit Drink; Applicability of...