New York: Are happy hour drink specials legal?
New York allows happy hours but bans unlimited drinks for a fixed price and free or multiple-drinks-for-one-price deals.
State law bars licensees from selling unlimited drinks over a set period for one price. The State Liquor Authority can also act against pricing it sees as a way around that ban, such as free drinks or several drinks for the price of one. The law does not set happy hour times, so ordinary time-limited discounts are not banned. Private functions such as weddings are exempt.
Conditions
- No unlimited drinks for a fixed price
- No free drinks or multiple drinks for the price of one
- Private functions not open to the public are exempt
What the law says
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. ... (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.
Sources
- NY Alcoholic Beverage Control Law § 117-a (Unlimited drink offerings prohibited) Official · nysenate.gov
Confirm with the state
- Agency
- New York State Liquor Authority
- Phone
- 518-474-3114
- Website
- sla.ny.gov
How bordering states compare
- Connecticut Allowed with limitsConnecticut allows drink specials but bans unlimited drinks for a fixed price and serving more than one drink at a time.
- Massachusetts Happy hour bannedMassachusetts bans happy hours: bars must charge the same drink price all week.
- 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.
- Vermont Happy hour bannedVermont bars and restaurants may not offer reduced drink prices for part of the day, though lower prices for a full day are allowed.