Text: HF00363 Text: HF00365 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 123.51A DISCOUNTED DRINKS
1 2 PROHIBITED – PENALTY.
1 3 1. A retailer who holds a license or permit to sell
1 4 alcoholic beverages for consumption on the premises pursuant
1 5 to this chapter shall maintain a schedule of the prices
1 6 charged for all drinks of alcoholic beverages to be served and
1 7 consumed on the licensed premises. If the retailer who holds
1 8 a license or permit operates two or more establishments within
1 9 the licensed premises to sell individual drinks of alcoholic
1 10 beverages, each establishment shall maintain a separate
1 11 schedule of drink prices.
1 12 2. A retailer who holds a license or permit to sell
1 13 alcoholic beverages for consumption on the premises or an
1 14 agent or employee of the retailer shall not do any of the
1 15 following acts:
1 16 a. Serve two or more individual drinks of an alcoholic
1 17 beverage at one time to one individual for consumption by that
1 18 one individual, except selling or delivering wine by the
1 19 bottle or carafe.
1 20 b. Sell, offer to sell, or serve to an individual an
1 21 unlimited number of drinks of an alcoholic beverage during a
1 22 period of time for a fixed price, except at a private function
1 23 which is not open to the general public.
1 24 c. Sell, offer to sell, or serve any drink of an alcoholic
1 25 beverage to an individual on any one date at a reduced price
1 26 other than that offered other purchasers of drinks on that
1 27 day, except at a private function which is not open to the
1 28 general public.
1 29 d. Increase the volume of alcoholic beverage contained in
1 30 an individual drink, or the size of the drink of alcoholic
1 31 liquor without increasing proportionately the price regularly
1 32 charged for the drink on that day.
1 33 e. Encourage or permit, on the licensed premises, any game
1 34 or contest which involves drinking alcoholic beverages or the
1 35 awarding of drinks of alcoholic beverages as prizes for the
2 1 game or contest.
2 2 3. Subsection 2 shall not prohibit a retailer from any one
2 3 of the following practices:
2 4 a. Offering free food or entertainment at any time.
2 5 b. Including drinks of an alcoholic beverage as a part of
2 6 a meal package.
2 7 c. Including drinks of an alcoholic beverage as a part of
2 8 a hotel or motel package.
2 9 d. Negotiating the prices of drinks of alcoholic liquor as
2 10 a part of a contract between a hotel, motel, or multi-use
2 11 establishment and another party for the holding of a function,
2 12 meeting, convention, or other event.
2 13 e. Providing room service to persons renting rooms in a
2 14 hotel or motel.
2 15 f. Selling pitchers, carafes, bottles, or other multi-
2 16 serving containers of an alcoholic beverage which are
2 17 customarily sold in those containers and delivered to two or
2 18 more persons at one time.
2 19 g. Increasing the prices of drinks of alcoholic beverages
2 20 in lieu of, in whole or part, a coverage charge to offset the
2 21 cost of special entertainment which is not regularly
2 22 scheduled.
2 23 4. A violation of subsection 1 or 2 is grounds for the
2 24 suspension or revocation of the license or permit of a
2 25 retailer.
2 26 EXPLANATION
2 27 This bill provides that retailers who sell alcoholic
2 28 beverages by the drink for consumption on the premises shall
2 29 not engage in practices which tend to encourage drinking
2 30 alcoholic beverage during certain periods of time or in
2 31 certain quantities at discounted prices. The periods of time
2 32 are sometimes known as happy hours.
2 33 The bill requires that each bar establishment have a
2 34 schedule of drink prices and that an alcoholic beverage shall
2 35 not be sold at a price other than the listed price at a
3 1 certain time of the day or two or more individual drinks shall
3 2 not be sold to an individual for consumption at the same time.
3 3 The bill prohibits selling an unlimited number of alcoholic
3 4 beverage drinks at a fixed price except to a private party to
3 5 which the public is not invited. The bill also prohibits
3 6 selling individual drinks with a larger than normal volume of
3 7 alcoholic beverage included and prohibits games or contests in
3 8 licensed premises which encourage or award drinks as prizes.
3 9 The bill does not prohibit the use of alcoholic beverages
3 10 as part of a hotel package, meal package, or as part of a
3 11 contract for convention facilities, meetings, and other
3 12 functions. The bill does not prohibit the offering of free
3 13 food or entertainment, the provision of room service to hotel
3 14 or motel guests, or the sale of alcoholic beverages in
3 15 pitchers, carafes, or bottles to two or more persons if
3 16 containers are a customary method of sales.
3 17 A violation of the prohibited practices is suspension or
3 18 revocation of the retailer's license or permit to sell
3 19 alcoholic beverages.
3 20 LSB 1979HH 77
3 21 tj/jw/5
Text: HF00363 Text: HF00365 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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