Drink Special Prohibitions in State Statute or Administrative Rule:
Selected States
Below are examples of state statutes and regulations that prohibit unlimited or all-you-can-drink Specials:
Hawaii – Statute
No person licensed to sell liquor for consumption on the premises shall engage in practices which promote excessive consumption of liquor. The liquor commission shall adopt rules pursuant to chapter 91 to prohibit specific liquor promotion practices which promote excessive consumption of liquor (§281-78.5).
Rules and Regs: §08-101-69 Practice to promote excessive consumption of liquor; prohibited.
a) No licensee of any premises licensed to sell liquor for consumption on the premises shall:
1. Sell, advertise, or offer to sell "all the liquor you can drink" for a fixed price; or encourage, sponsor, permit or have any promotion, game or contest that involves the consumption of liquor or the awarding of liquor as a prize;
2. Serve an unlimited amount of liquor during a set period of time for a fixed price, provided this provision does not apply to class 2 and class 12 licensees, when such function is not open to the general public, and for which a hosted bar is utilized such as weddings, private parties, and fundraising functions, or where liquor may be inclusive with champagne brunch or luaus;
Louisiana - Statute
A. No person holding a retail dealer's permit and no agent, associate, employee, representative, or servant of any such person shall do or permit any of the following acts to be done on or about the licensed premises:
Sell or serve any alcoholic beverages at a price fixed on an "all you can drink" basis after the hour of 10:00 p.m. (Louisiana Alcoholic Beverage Control Law, Part 2, Section 90)
Massachusetts - Administrative Rule
204-4.03: Certain Practices Prohibited
(1) No licensee or employee or agent of a licensee shall:
(d) sell, offer to sell or deliver to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the public;
Michigan - Administrative Rule
R 436.1438 Sale of unlimited quantity of alcoholic liquor at specific price.
Rule 38. (1) An on-premises licensee shall not sell, offer to sell, or advertise the sale of, an unlimited quantity of alcoholic liquor at a specific price.
Nebraska - Statute
019.01U1 No licensee shall sell, or serve for on-premises consumption, an unlimited quantity of beer, wine, or spirits at a specific price
New Mexico - Administrative Rule
15.10.51.11
The following practices are prohibited on licensed premises:
(2) the sale or delivery to a person of an unlimited number of alcoholic beverage drinks during any set period of time for a fixed price;
Rhode Island - Statute
§ 3-7-26 Certain practices prohibited. – (a) No licensee, employee or agent of any licensee who operates under a license to sell alcoholic beverages shall:
(3) Sell, propose to sell or deliver to any person or persons an unlimited number of drinks during a certain period of time for a fixed price; or
Texas - Administrative Rule
§45.103. On-Premises Promotions.
(c) Retail licensees and permittees may not:
(4) sell, serve, or offer to sell or serve an undetermined quantity of alcoholic beverages for a fixed price or “all you can drink” basis;
Virginia - Administrative Rule
3VAC5-50-160. Happy hour and related promotions; definitions; exceptions.
B. No retail licensee shall engage in any of the following practices:
7. Selling an unlimited number of drinks for one price, such as "all you can drink for $5.00"