Licensee Operations: Promotions, Delivery, and Giving Alcohol Away
Promotions
Nebraska licensees may advertise and run promotions, but the Act and Commission rules prohibit practices that encourage excessive or unlawful consumption. Promotions cannot be used to sell to minors or intoxicated persons, and they cannot evade the license requirement by giving alcohol away. Common problem promotions include all-you-can-drink for a fixed price, drinking contests, and "buy a ticket, drink free" schemes where alcohol is effectively sold without proper accounting. Advertising must not be false or misleading.
Giving alcohol away
A private host may generally provide alcohol to adult guests without a retail license, but a business or organization that sells admission or otherwise uses alcohol to generate revenue may need a license or a special designated license (SDL). "Giving" alcohol to the public as a promotion is scrutinized; it cannot be used to bypass sales, tax, or age rules.
Delivery
If your license authorizes delivery, you remain responsible for the delivery. The person delivering must be authorized, must check ID at the door, and must refuse delivery to a minor or intoxicated person. Delivery must occur within allowed hours and be documented. A third-party delivery service does not relieve the licensee of responsibility; the licensee should have a written procedure and training.
Worked example
A bar advertises "All-you-can-drink wristband: $25." The promotion is problematic because it encourages rapid and excessive consumption and makes it difficult to monitor intoxication. If the bar instead offers a two-for-one on a specific beer during a stated happy hour, it must still refuse service to anyone who becomes intoxicated and must not serve minors.
Traps that cost marks
Assuming free alcohol is unregulated; letting a promotion override the duty to refuse intoxicated patrons; using a delivery driver who does not check ID; and treating an SDL as unnecessary for a fundraiser that sells alcohol.