Delaware: Are happy hour drink specials legal?
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
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
- 4 Del. Admin. Code 908-3.0 Mirror of official text · law.cornell.edu
Confirm with the state
- Agency
- Delaware Office of the Alcoholic Beverage Control Commissioner
- Website
- abcc.delaware.gov
How bordering states compare
- Maryland Allowed with limitsMaryland allows drink specials, but bars may not require a customer to buy more than one drink at a time.
- New Jersey Allowed with limitsNew Jersey allows drink specials but bans unlimited drinks for a set price and prepaid multi-drink deals.
- Pennsylvania Allowed with limitsPennsylvania allows happy hours of up to four hours a day and 24 hours a week, with no discounts after midnight.