§ 111.51 HAPPY HOUR REGULATION.
   (A)   All retail licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multi-use establishment which holds a valid retailer's license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multi-use establishment shall maintain at each establishment a separate schedule of the prices charged for drinks at that establishment.
   (B)   Happy hours are regulated as follows. No retail licensee or employee or agent of such licensee shall:
      (1)   Sell more than one drink of alcoholic liquor for the price of one drink of alcoholic liquor, serve two or more drinks of alcoholic liquor at one time to one person for consumption by that one person, except conducting product sampling as permitted by law or selling or delivering wine by the bottle or carafe;
      (2)   Sell, offer to sell or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public or as provided in this section;
      (3)   Sell, offer to sell or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged other purchasers of drinks on that day where such reduced price is a promotion to encourage consumption of alcoholic liquor, except as authorized in division (D)(7) below;
      (4)   Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day.
   (C)   Permitted happy hours and meal packages, party packages and entertainment packages. As used in this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DEDICATED EVENT SPACE. A room or rooms or other clearly delineated space within a retail licensee's premises that is reserved for the exclusive use of party package invitees during the entirety of a party package. Furniture, stanchions and ropes, or other room dividers may be used to clearly delineate a dedicated event space.
      MEAL PACKAGE. A food and beverage package, which may or may not include entertainment, where the service of alcoholic liquor is an accompaniment to food, including, but not limited to, a meal, tour, tasting, or any combination thereof for a fixed price my a retail licensee or any other licensee operating within a sports facility, restaurant, winery, brewery or distillery.
      PARTY PACKAGE. A private party, function or event for a specific social or business occasion, either arranged by invitation or reservation for a defined number of individuals, that is not open to the general public and where attendees are served both food and alcohol for a fixed price in a dedicated event space.
   (D)   A retail licensee may:
      (1)   Offer free food or entertainment at any time;
      (2)   Include drinks of alcoholic liquor as part of a meal package;
      (3)   Sell or offer for sale a party package only if the retail licensee:
         (a)   Offers food in the dedicated event space;
         (b)   Limits the party package to no more than three hours;
         (c)   Distributes wristbands, lanyards, shirts or any other such wearable items to identify party package attendees so the attendees may be granted access to the dedicated event space; and
         (d)   Excludes individuals not participating in the party package from the dedicated event space;
      (4)   Include drinks of alcoholic liquor as part of a hotel package;
      (5)   Negotiate drinks of alcoholic liquor as part of a hotel package;
      (6)   Provide room service to persons renting rooms at a hotel;
      (7)   Sell pitchers (or the equivalent, including, but not limited to, buckets of bottled beer), carafes, or bottles of alcoholic liquor which are customarily sold in such manner, or sell bottles of spirits;
      (8)   Advertise events permitted under this section;
      (9)   Discount any drink of alcoholic liquor during a specified time period only if:
         (a)   The price of the drink of alcoholic liquor is not changed during the time that it is discounted;
         (b)   The period of time during which any drink of alcoholic liquor is discounted does not exceed four hours per day and 15 hours per week; however, this period of time is not required to be consecutive and may be divided by the licensee in any manner;
         (c)   The drink of alcoholic liquor is not discounted between the hours of 10:00 p.m. and the licensed premises' closing hour; and
         (d)   Notice of the discount of the drink of alcoholic liquor during a specified time is posted on the licensed premises or on the licensee's publicly available website at least seven days prior to the specified time.
   (E)   A violation of this section shall be grounds for suspension or revocation of a retailer's license, in addition to any other penalties or fines.
(Ord. 552, passed 10-2-89; Am. Ord. 1811, passed 8-17-15) Penalty, see § 111.999