Paying for Drinks on St. Patricks Day

In a town with many Irish pubs, it’s to be expected that Washington, D.C., would go all out for St. Patrick’s Day. Lobbyists can’t buy a Guinness specifically for a congressional member or staffer, but the ethics committees have given some guidance on when they might be able to cover a round of drinks for a group of people that includes a congressional member or staffer.

 

Drinks at the Bar Rules

Since the House and Senate have guidance on the exemption for food and drinks of nominal value, it’s sometimes unclear what exactly that guidance permits.

So when can a lobbyist offer an item of food and drink of nominal value to a Member or staffer?

Some possible rules of thumb, based on recent House and Senate ethics committee interpretations:

Table 5-2: Drinks at the Bar – A Guide

Food / Beverages Offered Setting and Circumstances Ok by Senate rules? Ok by House rules?
Pitcher of beer at the bar Spontaneous, accidental; no invitations, not a  planned event Probably, because it is drinks only, no food Yes, offered in a group, social setting
Pitcher of beer at the bar Emailed invitations to specific people:  “Meet at Tortilla Coast 5 to 7 on Thursday” Yes, because it is an “organized event” Yes, offered in a group, social setting
Beers and nachos Lobbyist pays check for everyone in the bar on St. Patrick’s Day Probably, but only if the nachos offered do not exceed $10 value Yes, offered in a group, social setting and nachos are light appetizers, not part of a meal
Beers and nachos St. Patrick’s Day gathering organized by a certain group, lobbyist pays a share of the costs  Yes, an organized social event akin to a reception, nachos are light appetizers, not part of a meal Yes, offered in a group, social setting, also organized event akin to a reception and nachos are light appetizers, not part of a meal

Senate standard is food items from lobbyists and others valued at $10 or less and offered at an organized event, media interview or other appearance where such food items are normally offered to others.

House standard is “group or social setting”

For more information or to purchase the Lobbying Compliance Handbook click here.

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