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I just came across this article - http://www.abc.ca.gov/press/PR2011/PR11-40.pdf Am

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I just came across this article - http://www.abc.ca.gov/press/PR2011/PR11-40.pdf
Am I correct in interpreting that a Groupon like business model for pubs/clubs would now be legal in the state of California? Basically, can we now we can sell coupons for pubs in CA without taking a license from the ABC.
Also, curious to know that if I am selling coupons for pubs (located in CA). Can I sell such coupons to residents to other states (lets say selling a coupon for a pub located in CA to a resident of IL). What are the regulations which would govern such transactions? Would they be regulated by CA laws or IL laws?
Submitted: 4 years ago.
Category: Business Law
Expert:  Fran-mod replied 4 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 4 years ago.
Yes, I am still waiting for an answer. Thanks for asking.
Expert:  Fran-mod replied 4 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  MShore Law replied 4 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Your understanding is correct, the crux of the article is found in the following paragraph:


"The ABC’s new Industry Advisory clarifies that advertisers and other “Third Party Providers” generally do not need a state license so long as a licensed California business controls the selection, pricing and sales transactions. The advisory clarifies that Internet advertising is akin to print, radio and television advertising, which are not considered "sales," and therefore do not require a state alcoholic beverage license."
Customer: replied 4 years ago.
Thanks. Also, for the second part of my question - if a resident of IL buys a coupon from my website for a pub in CA, the laws related to alcohol advertising of which state would be applicable?
Expert:  MShore Law replied 4 years ago.
The laws if CA would be applicable, provided that you do not send physical marketing pieces into the state of IL, if so, than IL law would apply.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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