Question

Topic: Advertising/PR

Legalities Of Offer?

Posted by Anonymous on 4/21/2010 at 7:29 PM ET 125 Points
Hello everyone. I have a fun new client who owns a wine bar. Brand new place and is looking to bring in business. We are doing a direct mail promo offering a discount/incentive. Thinking of a buy-one-glass-of-wine-get-one-free offer. But it just occurred to me that it may not be legal to offer alcohol for free. Any idea how I can check this out before I print up thousands of pieces? Oh, I should mention that the wine bar is in California.
Thank you all. I always enjoy reading your wonderful responses!!!
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RESPONSES

  • Posted by Inbox_Interactive on 4/21/2010 at 7:34 PM Accepted
    Erin, I would not stake my client's business future from a legal perspective on the advice that you get from a marketing forum, even if it were from someone who is in your business in your state.

    Give your client's attorney a quick phone call, or call the department that issued your client's license to sell alcohol.

    Just my $0.02.
  • Posted by Inbox_Interactive on 4/21/2010 at 7:55 PM Member
    Ah, yes -- you DID ask for ways to check it out. "My bad!" as the kids would say...they do still say that, right?

    Good luck with the promotion!

    Paul
  • Posted by Jay Hamilton-Roth on 4/21/2010 at 9:08 PM Accepted
    Also: https://www.wineinstitute.org/ may have some suggestions for wording.
  • Posted by CarolBlaha on 4/22/2010 at 8:07 AM Accepted
    Liquor Control Board First-- that'll be by county. Then the local city. Your client probably retained a lawyer to get him his license. Let him research it.

    An indicator is to shop the other biz and see what promos they are doing. My hubbie and I hit happy hour 3 or 4x a week. Just crossing the street can put you in another area with new rules.

    I know you didn't ask for marketing help-- but when I do promos for restaurants I always go first to the liquor reps. They have very deep pockets.
  • Posted by CarolBlaha on 4/22/2010 at 8:15 AM Accepted
    BTW, should giving it away for free be an issue (241) the way people sidestep this is wine specials -- which can equal half regular price -- which still equates 2 4 1.

    There are some areas that ban happy hour specials -- so the restaurants will do "all day specials" which are allowed.

    There is always a way, do don't let the legaleeze dampen your "spirits".
  • Posted by Markitek on 4/22/2010 at 8:54 AM Member
    Walk into the first respectable bar you see and ask the manager. He/she will know the law
  • Posted by Inbox_Interactive on 4/22/2010 at 9:07 AM Member
    I like Markitek's approach.

    I suggest we get together one evening and conduct this important research as a group, collecting different responses from several places to ensure that what we have is accurate.
  • Posted by Markitek on 4/22/2010 at 3:43 PM Member
    It will likely end up a blind, and very uncontrolled, study
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