According to the law

No person who holds a biennial license to sell alcoholic liquors for on-premises consumption may advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Alcoholic liquors may be sold at a price less than the price regularly charged from four o’clock p.m. until eight o’clock p.m. only.

The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis.

Above is the law as stated in the SC Code SECTION 61-6-4550 Discount prices.

This is the only law in the SC code that has the word “advertise” or “free” in it as it relates to consumers and the sale of alcohol.

Vittl is not advertising

Advertising has to involve the public.

A person who has access to Vittl and can see offers is not classified as a member of the public. This is an individual who has become a member of this platform by choosing to download the app. They’ve created an account and provided personal information all because they want to see the offers nearby.

Vittl is simply providing a mechanism that allows a restaurant to buy an appetizer or a drink for an individual consumer on an individual basis.

No beverage is “free”

The restaurant is buying the drink for the customer and accounting for it, managing inventory for it and paying taxes on it just as if the customer would have purchased the drink.

At its core, this platform is a less expensive, more controlled and more effective way of generating traffic into a restaurant AND it produces a healthier business overall. The average Vittl app user spends around $23 each time they visit a restaurant. Those are taxable dollars for the state.

Prohibition doesn’t apply to individuals

The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis.

A restaurant is well within its rights to buy an individual a drink.

This app is not violating the spirit of the law

Since only one drink is allowed per day, Vittl does nothing to promote excess consumption or bar-hopping. Vittl does not enable “free drinks for everyone, two for ones or drink prices less than one-half of the price regularly charged.”