Term and Concept of Flatrate Party
A Flatrate Party is an event where, upon payment of a fixed admission fee, unlimited consumption of certain alcoholic beverages or comprehensive access to food and drinks is offered. This party concept gained popularity especially in the 2000s and was particularly common among teenagers and young adults. From a legal perspective, flatrate parties raise numerous issues covering various fields of law such as restaurant law, trade law, youth protection law, and liability law.
Legal Classification of Flatrate Parties
Trade Law and Restaurant Law
Organizing flatrate parties generally falls under restaurant law if the organizer serves alcohol for payment. A valid permit under § 2 of the Restaurant Act (GastG) is absolutely necessary in this context. Organizers are required to comply with the relevant provisions of the Restaurant Act, particularly regarding the serving of alcohol and the observance of closing times.
Requirement of Official Permit
A flatrate party may generally only be held with the necessary trade law permits. If the appropriate restaurant permit is not available, this may constitute a regulatory offence or, in the case of repeated or intentional actions, a criminal offence under § 148 Trade Regulation Act (GewO).
Temporary Permit for Special Purpose
For temporary events, § 12 GastG offers the possibility of a ‘temporary permit for a specific purpose.’ This is subject to strict conditions, for example regarding youth protection, noise control, and medical or police requirements at the event location.
Provisions of Youth Protection Law
Dealing with minors at flatrate parties is regulated in Germany by the Youth Protection Act (JuSchG) . This significantly restricts access to events where alcohol may be consumed. Under § 9 JuSchG, the sale, provision, and consumption of spirits and beverages containing spirits to persons under 18 years of age is prohibited. Violations are subject to substantial fines.
Liability of the Organizer
Civil Law Liability
Organizers have a so-called duty of care for the safety of their guests (§ 823 BGB). If excessive alcohol consumption leads to health damage or accidents, liability for breach of these duties may arise. Special attention should be paid to ‘all you can drink’ offers, as these may be considered as encouraging excessive alcohol consumption.
Criminal Liability
In addition to regulatory offences, organizers may be held criminally liable under the Criminal Code (StGB), especially if the health of third parties is endangered or legal provisions regarding alcohol distribution are ignored. Incitement to alcohol abuse, particularly in the case of minors, may be deemed negligent bodily injury (§ 229 StGB), or, in the case of death, even negligent manslaughter (§ 222 StGB).
Aspects of Competition Law
Advertising flatrate parties can be deemed unfair advertising under the Act Against Unfair Competition (UWG), especially if messages harmful to minors are promoted or misleading statements are made. Advertising measures must not target minors or create exploitative situations.
Municipal Bans and Regulations
Some cities and municipalities have, due to negative experiences with flatrate parties, such as alcohol abuse and physical altercations, issued specific regulations that prohibit or strictly regulate such events. The basis for these regulations are the respective police regulations of state laws and regulatory authority law.
Legally Relevant Problem Areas in Practice
Excessive Alcohol Consumption and Assumption of Responsibility
At flatrate parties, there is a risk that participants are encouraged to consume excessive amounts of alcohol due to the pricing model. Organizers must ensure that there is a sufficient personnel concept in place to monitor alcohol consumption, especially to comply with § 20 para. 2 of the Youth Protection Act and supervisory obligations. Non-compliance may lead to official measures, up to and including the revocation of the restaurant license.
Security and Emergency Response Plans
Comprehensive security and emergency response plans are required for large-scale events. The relevant regulations can be found in state laws, particularly in the respective assembly venue regulations and the Occupational Health and Safety Act. Organizers are obliged to ensure appropriate emergency measures, initial medical care, and protection against health risks due to alcohol.
Legal Developments and Current Discussion
Due to several incidents connected with flatrate parties, the introduction of nationwide uniform regulations has been repeatedly called for in the political debate. However, to date, no nationwide laws exist; there are only specific rules at the state and municipal level, as well as isolated alcohol bans.
Some federal states have intensified inspections and consistently penalize violations. Case law is increasingly holding organizers accountable, particularly when serious incidents occur due to breaches of duty of care.
Summary
Flatrate parties are subject to a high degree of regulation under German law. Organizers must comply with the diverse legal requirements of catering, trade, youth protection, competition, and regulatory law. In particular, the organizer bears extensive responsibility for the wellbeing of guests and the observance of youth protection requirements. Violations can result in severe sanctions up to revocation of the restaurant permit and criminal prosecution. Organizing flatrate parties should only occur after careful review of all legal requirements and associated risks.
Frequently Asked Questions
At what age am I legally allowed to attend a flatrate party?
Attendance at flatrate parties is subject to the provisions of the Youth Protection Act (JuSchG). In principle, persons under 16 years of age are not permitted to attend events where alcohol is served, unless accompanied by a person with parental authority or a guardian. Individuals aged 16 and over may attend such parties without accompaniment; however, minors aged 16 and 17 may only consume beer, wine, or sparkling wine – spirits or spirit-based mixed drinks are strictly forbidden. From age 18, there are no restrictions regarding attendance or alcohol consumption at a flatrate party. Organizers are required to ensure compliance with age limits by checking IDs.
What obligations do organizers have regarding youth protection?
Organizers of flatrate parties are subject to special protection and monitoring obligations according to the Youth Protection Act. They must ensure that access is granted in accordance with the statutory age limits and that the serving and provision of alcohol to minors is prohibited. If flatrate offers include alcoholic beverages, organizers are required to carry out appropriate ID checks and implement suitable organizational measures (e.g., colored wristbands, separate areas, trained staff) to enforce the provisions. Violations are subject to substantial fines and, if applicable, criminal consequences.
Is advertising a flatrate party legally permitted?
Advertising flatrate parties is particularly problematic from a youth protection and trade law perspective. Under the Youth Protection Act (§ 9 para. 1 sentence 2 JuSchG) and food law regulations, such advertising can be regarded as an incentive to excessive alcohol consumption, which is impermissible. Case law has decided that promoting unlimited quantities of alcohol for a fixed price encourages alcohol abuse and therefore violates the principle of responsible alcohol consumption. Accordingly, bans or strong restrictions on such advertising measures have been imposed in many places.
What liability risks exist for organizers of flatrate parties?
Organizers bear comprehensive civil and criminal responsibility for the conduct of guests, especially with regard to alcohol consumption. If alcohol-related personal injury or property damage (e.g., accidents or violence) occurs during the event, the organizer may be held liable in individual cases, particularly if youth protection regulations have been violated or supervisory and duty of care obligations neglected. Liability may include claims for damages as well as criminal consequences (e.g., negligent bodily harm).
Are there regional differences in the regulation of flatrate parties?
Yes, in addition to federal requirements such as the Youth Protection Act, numerous state and municipal rules exist, for example in restaurant and regulatory law. Many cities and municipalities have, after negative experiences with flatrate parties, issued their own regulations or decrees prohibiting or restricting such events. These may include, for example, a general ban on alcohol flatrates or set time, location, and content-related conditions for advertising, admission, and serving of alcohol.
Do flatrate parties require special permits?
As a rule, commercial events involving the serving of alcohol must be reported to the responsible regulatory authority. If the party is to be held outside of licensed catering establishments, a separate permit under the Restaurant Act is generally required. In addition, the flatrate concept may result in further conditions, such as fire safety, noise control, or monitoring measures. Failure to comply may result in prohibition of the event or substantial fines.
What special requirements apply to the serving of alcohol at flatrate parties?
The serving of alcohol as part of a flatrate party is subject to restaurant and trade regulations, as well as youth protection laws. Unlimited provision of alcohol for a flat fee is often regarded as legally questionable, as it can encourage excessive consumption. Authorities may impose special conditions with respect to the type and quantity served, the constant presence of trained staff, and the implementation of prevention and intervention measures. Requirements may also include monitoring blood alcohol levels or banning high-proof spirits to ensure the safety of guests.
