Delaware · DE · Food & drink

Delaware: Are happy hour drink specials legal?

Allowed with limits

Delaware allows happy hours but bans two-for-one drinks, unlimited drinks for a set price, below-cost sales, and free drinks.

Delaware's trade practice rule bars on-premises licensees from practices that encourage drinking too much, including selling two or more drinks for the regular price of one and unlimited drinks for a set price. Drinks may not be sold below the seller's cost, and giving drinks away is banned except to make up for poor service. Caterers and invitation-only private functions are exempt from the unlimited-drink ban.

Conditions

  • No two-for-one drinks
  • No unlimited drinks for a set price
  • No sales below the seller's cost
  • No free drinks except to make up for poor service
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What the law says

On-Premise License. No establishment licensed to sell alcoholic beverages for consumption on the premises where sold shall engage in any trade practice which can reasonably be expected to cause, encourage, or induce a consumer to purchase, receive, or consume alcoholic beverages in excessive amounts or at an unduly rapid rate and shall include, but not be limited to, the following: ... Offering or selling two (2) or more drinks for the regular price of one. ... Unlimited consumption of alcoholic beverages for a set price.

Sources

Confirm with the state

Agency
Delaware Office of the Alcoholic Beverage Control Commissioner
Website
abcc.delaware.gov

How bordering states compare

Last verified · Confidence: High · How we research · Report an error

High confidence: an official source names this explicitly, and the quote above shows it.