Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 3 - TEXAS ALCOHOLIC BEVERAGE COMMISSION › Chapter 45 - MARKETING PRACTICES › Subchapter F - ADVERTISING AND PROMOTION › Section 45.103 - On-Premises Promotions

Current through Reg. 49, No. 28; July 12, 2024
(a) This rule is
				  adopted to prohibit those practices by on-premise establishments that are
				  reasonably calculated to result in excessive consumption of alcoholic beverages
				  by consumers. Such practices constitute a manner of operation contrary to the
				  public welfare, health and safety of the people in violation of §§
										RSA
				  11.61<subdiv>(b)(7)</subdiv> and
				  RSA
				  61.71<subdiv>(a)(17)</subdiv> of
				  the Alcoholic Beverage Code. Nothing in this section shall be construed to
				  relieve a person serving alcoholic beverages from responsibility under the
				  Alcoholic Beverage Code and commission rules to refrain from serving alcoholic
				  beverages to an intoxicated or underage consumer.
(b) Excessive consumption of alcoholic
				  beverages shall be determined by the standard of public intoxication
				  articulated in §
										RSA 49.02 of the Penal
				  Code.
(c) Licensees and permittees
				  authorized to sell or serve alcoholic beverages for on-premises consumption may
				  not:
(1) serve, sell, or offer to serve or
				  sell, two or more open containers of alcoholic beverages at a price less than
				  the number of containers actually sold or served;
(2) increase the volume of alcohol contained
				  in a drink without increasing proportionally the price thereof;
(3) serve or offer to serve more than one
				  free alcoholic beverage to any identifiable segment of the population during
				  the course of one business day. Licensees and permittees may, however, without
				  prior advertising, give one free alcoholic beverage to individual consumers in
				  celebration of birthdays, anniversaries or similar events;
(4) sell, serve, or offer to sell or serve an
				  undetermined quantity of alcoholic beverages for a fixed price or "all you can
				  drink" basis;
(5) sell, serve, or
				  offer to sell or serve, alcoholic beverages at a reduced price to those
				  consumers paying a fixed "buy in" price;
(6) sell, serve, or offer to sell or serve,
				  alcoholic beverages at a price contingent on the amount of alcoholic beverages
				  consumed by an individual;
(7)
				  reduce drink prices after 11:00 p.m.;
(8) sell, serve or offer to sell or serve
				  more than two drinks to a single consumer at one time;
(9) impose an entry fee, cover or door charge
				  for the purpose of recovering financial losses incurred by the licensee or
				  permittee because of reduced or low drink prices;
(10) conduct, sponsor or participate in, or
				  allow any person on the licensed premises to conduct, sponsor or participate
				  in, any game or contest to be determined by the quantity of alcoholic beverages
				  consumed by an individual or group, or where alcoholic beverages or reduced
				  price alcoholic beverages are awarded as prizes;
(11) engage in any practice, whether listed
				  in this rule or not, that is reasonably calculated to induce consumers to drink
				  alcoholic beverages to excess, or that would impair the ability of the licensee
				  or permittee to monitor or control the consumption of alcoholic beverages by
				  consumers.