The iconic happy hour, when bars and restaurants offer lower prices or specials on alcoholic beverages, is actually illegal or restricted in many states and jurisdictions. In Indiana, the price for any alcoholic beverage must remain the same from the time a business opens to the time it closes*. In other words, a bar or restaurant can discount a beverage for an entire day, but not for a few hours of a day. Therefore, many establishments have decided to offer “happy days” instead of happy hours, such as “Half Off Wine Wednesdays” or “$5 Pitchers of Beer Every Monday”.
* There is one exception to the law: if the establishment has paid, live entertainment, drink prices may be increased during the live entertainment time.
And for the record, free drinks are prohibited.
If you have further questions about this issue and its application to your business, please contact Lisa McKinney, Alex Intermill or your Bose McKinney & Evans attorney.
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