14B NCAC 15B .0223       HAPPY HOURS REGULATED

(a)  An on‑premise permittee or his agent shall not:

(1)           sell more than one drink to a patron for a single price;

(2)           establish a single price based upon the required purchase of more than one drink; or

(3)           deliver more than one drink at one time to a patron for his consumption.

This Rule does not prohibit the sale of pitchers of alcoholic beverages to two or more patrons.  This Rule also does not prohibit serving a single carafe or bottle of wine to a single patron.

(b)  An on‑premise permittee or his agent shall not give away a drink or sell one at a price that is different from the usual or established price charged for the drink for any period of time less than one full business day.  Free or reduced drinks under this provision shall be offered to all customers, not just a segment of the population.

(c)  For purposes of this Rule, a "drink" contains the amount of alcoholic beverages usually and customarily served to a single patron as a single serving by the permittee.  A "drink" may also include two different alcoholic beverages served separately at the same time to a single patron if such "drink" is a customary combination, such as a shot of spirituous liquor with a malt beverage.

(d)  An on-premise permittee may include alcoholic beverages in a package offering that includes a meal or entertainment.

(e)  The offer of a meal and alcoholic beverage at a single total price is not a violation of this Rule so long as the total price reflects the actual price of the alcoholic beverages and not a reduced price.

History Note:        Authority G.S. 18B-100; 18B‑207; 18B-1008;

Eff. August 1, 1985;

Amended Eff. January 1, 2011; July 1, 1992;

Transferred and Recodified from 04 NCAC 02S .0232 Eff. August 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 20, 2016.