Virginia has long had some of the most restrictive alcohol advertising laws in the Washington region, and those restrictions are becoming increasingly onerous for business owners in the age of Twitter and Facebook. Bars, restaurants, wineries and even grocery stores are barred by state law from publicly advertising price specials and happy hours where customers are most likely to see them — on signs in their windows or outside. Such specials can be advertised only inside the establishment.
In an age of instant communications and social media, however, Virginia’s restrictions have become increasingly difficult for merchants to live with. While competitors across the Potomac River can tweet customers to alert them to drink deals or special events or advertise sales on the internet, Virginia merchants can’t.
“If you have a restaurant that has a customer list, you can mail them specials about happy hours, but that same restaurant cannot send that same information by email,” said Tom Lisk, a lawyer representing the Virginia Hospitality and Travel Association. “That’s considered prohibited electronic communication of advertising a price special or happy hour special.”
Now, the state’s Alcohol Beverage Control Board is for the first time in 20 years reviewing and updating all of its regulations in an effort to rewrite or eliminate any antiquated and burdensome restrictions. And they’ve asked the state’s merchants to help, giving them until Oct. 17 to propose changes.
Virginia’s alcohol advertising laws are much more restrictive than those in the District or Maryland.
“There’s an absolute ban on happy hour advertisements anywhere, but you can advertise regular prices,” said Curtis Coleburn of the ABC Board. “You just can’t advertise a reduced price.”
As cumbersome as the regulations are, Virginia merchants said they’ve grown used to them.
“Obviously Maryland and the District have a big leg up,” said John Kurtz, an owner of Southside 815 in Alexandria. “But we [restaurants in Virginia] all play by the same rules.”
Shawn McKee, general manager at T.J. Stone’s Grill House and Tap Room in Alexandria, said a change in the law would allow him to reach his customers through social media sites, but doesn’t expect any of the changes to dramatically change his business.
“It may have an effect,” McKee said, “but I don’t think it would be a profound effect.”
