New Jersey: Are happy hour drink specials legal?
New Jersey allows drink specials but bans unlimited drinks for a set price and prepaid multi-drink deals.
State ABC rules bar bars and restaurants from offering unlimited drinks for one price, except at private parties not sponsored by the bar and New Year's Eve open-bar parties. They also bar requiring or allowing customers to prepay for more than one drink at a time, for example through tickets or admission fees. Free items tied to an alcohol purchase and alcohol prizes are also restricted, with exceptions. The rules don't otherwise limit the hours or size of a discount.
Conditions
- No unlimited drinks for a set price (narrow exceptions)
- No prepurchase of more than one drink at a time
What the law says
(a) Except for consumer alcoholic beverage tasting events conducted in accordance with N.J.A.C. 13:2-37, and promotions permitted in this section, no licensee, permittee or brand registrant shall, directly or indirectly, allow, permit or suffer any practice or promotion that: 1. Offers unlimited availability of any alcoholic beverage for consumption on a licensed premises, for a set price, except for: i. Private parties, not sponsored by the licensee, such as wedding and birthday parties, and events held by social affair permittees; or ii. New Year's Eve parties sponsored by a licensee where a set price for attendance includes an open bar;
Sources
- N.J.A.C. 13:2-23.16 Prohibited promotions (Cornell LII) Mirror of official text · law.cornell.edu
Confirm with the state
- Agency
- New Jersey Division of Alcoholic Beverage Control
- Phone
- (609) 984-2830
- Website
- njoag.gov
How bordering states compare
- Delaware Allowed with limitsDelaware allows happy hours but bans two-for-one drinks, unlimited drinks for a set price, below-cost sales, and free drinks.
- New York Allowed with limitsNew York allows happy hours but bans unlimited drinks for a fixed price and free or multiple-drinks-for-one-price 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.
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