Opinion No. (2000)

BILL LOCKYER Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE GARY T. YANCEY, DISTRICT ATTORNEY, COUNTY OF CONTRA COSTA, has requested an opinion on the following question: May a gift certificate for a meal sold by a restaurant contain an expiration date? CONCLUSION A gift certificate for a meal sold by a restaurant may not contain an expiration date. ANALYSIS Civil Code section 1749.5 1 states: "(a) On or after January 1, 1997, it is unlawful for any person or entity to sell a gift certificate to a purchaser containing an expiration date. Any gift certificate sold after that date shall be redeemable in cash for its cash value, or subject to replacement with a new gift certificate at no cost to the purchaser or holder. "(b) A gift certificate sold without an expiration date is valid until redeemed or replaced. "(c) This section shall not apply to any of the following gift certificates issued on or after January 1, 1998, provided the expiration date appears in capital letters in at least 10-point font on the front of the gift certificate: "(1) Gift certificates that are distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional…