Section 13.102. Discount pricing practices

(a) General. Retail licensees may discount the price of alcoholic beverages for not more than 4 consecutive or nonconsecutive hours in a day and not more than 14 hours in a week. Retail licensees may not engage in discount pricing practices between 12 midnight and the legal closing hour. Retail licensees shall post on the licensed premises notice of happy hours. The notice shall be posted so that it is readily visible to the public. The notice shall be posted no less than 7 days prior to the happy hour. Retail licensees may not engage in the following discount pricing practices unless specifically excepted in subsection (b):

(1) The sale or serving, or both, of more than one drink of liquor, wine, or malt or brewed beverages at any one time to any one person, for the price of one drink.

(2) The sale or serving, or both, of an increased volume of one drink of liquor, wine, or malt or brewed beverages without a corresponding and proportionate increase in the price for the drink.

(3) The sale or serving, or both, of an unlimited or indefinite amount of liquor, wine, or malt or brewed beverages for a set price.

(4) The pricing of alcoholic beverages in a manner which permits the price to change within a happy hour period.

(b) Exceptions. Nothing in subsection (a) prohibits:

(1) The sale or serving, or both, of an unlimited or indefinite amount of liquor, wine, or malt or brewed beverages for a fixed price for catered events which have been arranged at least 24 hours in advance.

(2) The offering for sale of one specific type of alcoholic beverage or drink per day or a portion thereof at a reduced price, if the offering does not violate subsection (a) and if the price of the drink does not change during the offering. For purposes of this section, a specific type of alcoholic beverage means either a specific registered brand of malt or brewed beverages, a type of wine, a type of distilled spirits or a mixed drink. Examples of permissible drink discounts are found in Board Advisory Notice 16.

(3) Events conducted under the authority of subsection (b) may not be counted against the 4-hour daily or the 14-hour weekly limitation on happy hours in subsection (a).

The provisions of this § 13.102 adopted December 27, 1985, effective December 28, 1985, 15 Pa.B. 4583; amended March 20, 1998, effective March 21, 1998, 28 Pa.B. 1418; amended December 17, 1999, effective December 18, 1999, 29 Pa.B. 6337; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6139; amended January 15, 2016, effective January 16, 2016, 46 Pa.B. 352. Immediately preceding text appears at serial pages (341478) and (376815).

Notation

Authority

The provisions of this § 13.102 amended under section 207(i) of the Liquor Code (47 P. S. § 2-207(i)).

Notes of Decisions

Violation

The licensee was in violation of this section when he varied malt and liquor prices from day to day as a promotional price tactic which encourages the consumption of alcoholic beverages. In re Locy, 557 A.2d 1164 (Pa. Cmwlth. 1989); appeal denied 563 A.2d 889 (Pa. 1989).