3VAC5-50-160. Happy hour and related promotions; definitions; exceptions.
A. Definitions The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:
1. "Happy hour" means a specified period of time during which alcoholic beverages are sold at prices reduced from the customary price established by a retail licensee.
2. "Drink" means any beverage containing the amount of alcoholic beverages customarily served to a patron as a single serving by a retail licensee.
B. A licensee may advertise its happy hour so long as the advertising does not tend to induce minors or other interdicted individuals to drink, or encourage persons to consume to excess.
C. No retail licensee shall engage in any of the following practices:
1. Conducting a happy hour between 9 p.m. of each day and 2 a.m. of the following day;
2. Allowing a person to possess more than two drinks at any
one time during a happy hour, with the exception of flights of wine and beer
consisting of samples of not more than five different wines or beers or samples
of five different distilled spirits products provided each distilled spirits
sample contains no more than one-half ounce of distilled spirits; 3. 2. Increasing the volume of alcoholic
beverages contained in a drink without increasing proportionately the customary
or established retail price charged for such drink; 4. 3. Selling two or more drinks for one price,
such as "two for one" or "three for one"; 5. Selling pitchers of mixed beverages except in accordance
with 3VAC5-50-60; 6. Giving away drinks; 7. 4. Selling an unlimited number of drinks for
one price, such as "all you can drink for $5.00"; 8. 5. Advertising happy hour anywhere other
than within the interior of the licensed premises, except that a licensee may
use the term "Happy Hour" or "Drink Specials," a list of
the alcoholic beverage products featured during a happy hour as well as the
time period within which alcoholic beverages are being sold at reduced prices
in any otherwise lawful advertisement pricing related to a happy hour;
or 9. 6. Establishing a customary retail price for
any drink at a markup over cost significantly less than that applied to other
beverages of similar type, quality, or volume. C. D. This regulation shall not apply to
prearranged private parties, functions, or events, not open to the public,
where the guests thereof are served in a room or rooms designated and used
exclusively for private parties, functions or events.
E. This regulation is subject to and shall be adhered to in a manner consistent with all other regulations of the authority.