Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 117-A
Unlimited drink offerings prohibited
Alcoholic Beverage Control (ABC) CHAPTER 3-B, ARTICLE 8
§ 117-a. Unlimited drink offerings prohibited. 1. No licensee, acting
individually or in conjunction with one or more licensees, shall:

(a) offer, sell, serve, or deliver to any person or persons an
unlimited number of drinks during any set period of time for a fixed
price.

(b) allow a person, agent, party organizer, or promoter, as such terms
shall be defined by the authority in rule and regulation, to offer,
sell, serve, or deliver to any person or persons an unlimited number of
drinks during any set period of time for a fixed price.

(c) advertise, promote, or charge a price for drinks that in the
judgment of the authority creates an offering of alcoholic beverages in
violation of the purposes and intent of this section, or which in the
judgment of the authority is an attempt to circumvent the intent and
purposes of this section, such as, but not limited to, offerings of free
drinks, or multiple drinks for free or for the price of a single drink,
or for a low initial price followed by a price increment per hour or
other period of time, or for such a minor amount that in the judgment of
the authority the pricing would constitute an attempt to circumvent the
intent and purposes of this section.

2. As used in this section, licensee means and includes the licensee,
and any employees, or agents of such licensee.

3. With respect to an individual licensee, this section shall not
apply to private functions not opened to the public, such as weddings,
banquets, or receptions, or other similar functions, or to a package of
food and beverages where the service of alcoholic beverages is
incidental to the event or function.

4. The authority shall investigate any documented allegation of a
violation of this section upon a complaint by any person.

5. The authority shall promulgate rules and regulations necessary to
implement the provisions of this section.

6. The provisions of this section shall not apply to the holder of a
temporary permit under subdivision two of section one hundred five-a of
this article.