Laws of New York (Last Updated: November 21, 2014) |
ABC Alcoholic Beverage Control |
Article 8. GENERAL PROVISIONS |
Section 117-A. Unlimited drink offerings prohibited
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1. No licensee, acting individually or in conjunction with one or more licensees, shall: (a) offer, sell, serve, or deliver to any person or persons an unlimited number of drinks during any set period of time for a fixed price. (b) allow a person, agent, party organizer, or promoter, as such terms shall be defined by the authority in rule and regulation, to offer, sell, serve, or deliver to any person or persons an unlimited number of drinks during any set period of time for a fixed price. (c) advertise, promote, or charge a price for drinks that in the judgment of the authority creates an offering of alcoholic beverages in violation of the purposes and intent of this section, or which in the judgment of the authority is an attempt to circumvent the intent and purposes of this section, such as, but not limited to, offerings of free drinks, or multiple drinks for free or for the price of a single drink, or for a low initial price followed by a price increment per hour or other period of time, or for such a minor amount that in the judgment of the authority the pricing would constitute an attempt to circumvent the intent and purposes of this section. 2. As used in this section, licensee means and includes the licensee, and any employees, or agents of such licensee. 3. With respect to an individual licensee, this section shall not apply to private functions not opened to the public, such as weddings, banquets, or receptions, or other similar functions, or to a package of food and beverages where the service of alcoholic beverages is incidental to the event or function. 4. The authority shall investigate any documented allegation of a violation of this section upon a complaint by any person. 5. The authority shall promulgate rules and regulations necessary to implement the provisions of this section. 6. The provisions of this section shall not apply to the holder of a temporary permit under subdivision two of section one hundred five-a of this article.