Super Bowl Beverage Alcohol Promotions

Food & Beverage Association Members and Associates,

As the Super Bowl approaches and many businesses are vying for their share of the market---a number of promotions including Beverage Alcohol are being used to attract customers.

Under the MEDIA ISSUES relating to retail Beverage Alcohol Licensees---Free/ Complimentary Beverage Alcohol is prohibited but packages may be offered that include Beverage Alcohol provided the total charge to the customer covers their cost of acquisition. Example of legal---Our Sunday Brunch included Champaign---Example of illegal---All the free champagne you can drink with our Sunday Brunch.

While drinks may be advertized at reduced prices, these specially priced drinks  or door charges cannot be made available to only certain groups of individuals (Gender Specific e.g. Ladies Night specials). This violates B and P code section 125.6 and Federal Discrimination Law.

“2 for 1”, “Buy 1, Get 1 Free” or any other scheme where the express or implied meaning is that one customer, in order to receive a reduced price, would be required to purchase more than one drink at a time is prohibited.

“All you can drink keg beer-during the game for $30” or “All you can drink Margaritas/Bloody Mary’s during the game $9.95”---Nothing in the ABC Act or the ABC business regulations specifically prohibits this activity. However there is language in B&P code section 23001 that gives powers to police “for the protection of the safety, welfare, health, peace and morals of the people of the State” and “All provisions of this division shall be liberally construed for the accomplishment of these purposes”.

The concern of Police and the ABC with “all you can drink” promotions is, this type of advertizing may contribute to over-consumption resulting in public drunkenness, and other criminal acts. Publications and other forms of advertizing are regularly monitored for possible enforcement.

Bottom line---there are rules---there are penalties if you break the rules---if your promotion encourages over consumption you are much more likely to have a violation. Law Enforcement and the ABC are especially looking for underage service, drugs and public drunkenness all around the county!

Have a safe and profitable promotion!

Stephen A ZolezziPresident, CEO

Food & Beverage Association San Diego County

"Hospitality's Go-To Source"