From the Hotline

By Legal Department
Pennsylvania Newspaper Association

Q: Can bars and restaurants list prices in their ads? Can ads with liquor prices run in community newspapers (including free publications)?

A: Yes and Yes.

Taking the second question first, the LCB has recently changed its position on alcoholic beverage advertising in community newspapers/free publications. In the past, the LCB has opined that advertising prices in these publications violated the Liquor Code provision that prevents liquor licensees from distributing "price lists, circulars or handbills off the licensed premises to the general public…." (emphasis added).

In a Dec. 6, 2006 opinion from the Pennsylvania Attorney General’s office (which was requested by the LCB), however, the Attorney General found that the Liquor Code does not prevent licensees from advertising alcohol products and prices in community papers, as long as the paper is not owned, operated, or controlled by the liquor licensee. Although the term "community paper" is not defined in the Liquor Code, the LCB intends to interpret the term broadly to include publications, free or paid, that are not owned, operated, or controlled by the liquor licensee.

Based on this opinion, it should also be permissible to distribute a price list as an insert in newspapers or other publications (as long as they are not owned, operated, or controlled by the liquor licensee).

The general rules regarding alcoholic beverage ads are as follows:

Any advertisements of price may not contain any of the following:

• False, deceptive or misleading statements;
  
• Statements disparaging of the products of competitors; or
  
• Monetary comparisons of brands.

Bars and Restaurants may:

• Offer one drink special per day (drink of the day), which must end by midnight; and
  
• Offer one two-hour happy hour each day, which must end by midnight.

Bars and Restaurants may not:

• Offer 2 drinks for the price of one;
  
• Sell an unlimited amount of alcohol for a set price (EXCEPT at catered events arranged at least 24 hours in advance);
  
• Discriminate on the basis of sex, race, national origin, or disability (No "Ladies Nights" with specials exclusively for women); or
  
• Offer any discount pricing (happy hour, drink of the day) after midnight.

The following restrictions apply to all advertisements for alcoholic or malt beverages:

• The advertiser must be clearly identified in the ad.
  
• No printed advertisements are permitted within 300 feet of a church, school or public playground.
  
• No advertisements may be directed at minors to promote the illegal consumption of alcoholic beverages.
  
• Obscene advertisements are prohibited.
  
• Advertisements may not contradict the ideals of safety or safe driving programs.
  
• Licensees may not advertise any alcoholic beverages if they do not actually have a sufficient supply of the beverages on hand to meet the normally expected demands.
  
• Advertisements may not refer to the alcoholic strength of a malt beverage in any manner in order to induce consumers to buy the product. Terms such as "full strength," "extra strength," "high proof," etc. are prohibited.

Use this link to the Headlines & Deadlines archive of weekly 'From the Hotline' columns. 

[HOTLINE ARCHIVE]

PNA Legal Hotline: (717) 703-3080