Cheers! Rules Sailing out of NY (and Texas for that matter....)

[chisox021]

Does anyone know why they have this rule sailing out of NY that the Cheers plan doesn't go into effect until Day 2?  But you can buy drinks and have them charged to your account, but the plan you purchase doesn't go into effect until day 2...?  Doesn't make sense and seems just like a money grab.  I am sailing out of NY in June, but on my Feb Cruise out of Bayonne, NJ, the drink plan goes into effect immediately (on RC, not Carnival).  I guess states and/or cruise lines have different rules, but the funny thing is Bayonne and NY Cruise Terminals are literally a few miles apart across the Hudson River....  In any case, it doesn't matter - I'm just curious.. I guess the wine I bring on board will be the drink of choice for day 1!  Happy Cruisin!!!!

[Jasonsterling]

I know in Texas is has to do with liquor tax laws. If RC allows drinking on their plan from Texas where Carnival doesn't then it must mean RC doesn't mind whatever hassel and paperwork is involved with doing so. I don't know if RC does that, it's just as example. Isn't Bayonne in New Jersey? If so then that's the difference. NY and NJ have different laws governing it. Carnival does only charge for six days, not seven in those ports so there is at least that.  

[mjkacmom]

I know on NCL you can buy drinks while in port in nyc and get drinks from the package, but sales tax is charged on those drinks. This isn’t the case in Bayonne since laws are different in NJ.

[dallasdan]

In Texas, the ship must serve liquor purchased in Texas and charge sales tax.  Royal must not have a problem switching out the bottles after midnight, where Carnival waits until the next day.

[1025cruise]

Laws in the state. Not sure the specifics for NY. I think it's just easier for Carnival to just not do the first day versus figuring out the accounting.

[crazy4themouse]

https://www.cruzely.com/answered-first-day-drink-packages-and-alcohol-on-galveston-cruises/

 

[CruizinSusan70]

3 hours ago, chisox021 said:

Does anyone know why they have this rule sailing out of NY that the Cheers plan doesn't go into effect until Day 2?  But you can buy drinks and have them charged to your account, but the plan you purchase doesn't go into effect until day 2...?  Doesn't make sense and seems just like a money grab.  I am sailing out of NY in June, but on my Feb Cruise out of Bayonne, NJ, the drink plan goes into effect immediately (on RC, not Carnival).  I guess states and/or cruise lines have different rules, but the funny thing is Bayonne and NY Cruise Terminals are literally a few miles apart across the Hudson River....  In any case, it doesn't matter - I'm just curious.. I guess the wine I bring on board will be the drink of choice for day 1!  Happy Cruisin!!!!

Simple.  Bayonne is in New Jersey.  Totally different rules than New York.  As a matter of fact, it's Carnival that follows the rules in NY, while NCL doesn't and allows their drink package.  Since the drink package is included as an included "perk" on NCL and Cheers is an a la carte purchase, that is probably the loophole that allows NCL to bypass the NY state stipulations.

[mjkacmom]

8 minutes ago, CruizinSusan70 said:

Simple.  Bayonne is in New Jersey.  Totally different rules than New York.  As a matter of fact, it's Carnival that follows the rules in NY, while NCL doesn't and allows their drink package.  Since the drink package is included as an included "perk" on NCL and Cheers is an a la carte purchase, that is probably the loophole that allows NCL to bypass the NY state stipulations.

I don’t think that’s it, you can purchase drinks in NY on NCL even if you don’t have the package, and everyone who drinks gets charged tax, package or OOP. I’m guessing it’s more of a pain to charge taxes vs. just not selling alcohol.

[CruizinSusan70]

8 minutes ago, mjkacmom said:

I don’t think that’s it, you can purchase drinks in NY on NCL even if you don’t have the package, and everyone who drinks gets charged tax, package or OOP. I’m guessing it’s more of a pain to charge taxes vs. just not selling alcohol.

The difference is that the drink package on NCL is valid on day 1 out of NYC and Cheers is not valid on day on Carnival out of NYC. Individual drink charges and taxes in general apply across the board, but it's the difference in allowing the packages between the cruise lines that's the debate.

Edited January 18, 2023 by CruizinSusan70

[Eli_6]

The laws in those states do not allow "all you can drink" packages to be sold purportedly because it encourages excessive alcohol consumption.

 

You can still buy alcohol by the drink.  

 

The alcohol doesn't have to be Texas alcohol.  It just has to be sold from a distributor licensed in Texas. All types of alcoholare sold in Texas.  I suspect all the alcohol they have on the Galveston boats is from a Texas distributor because that is where they get their provisions...i.e. the port of Galveston.  

Edited January 18, 2023 by Eli_6

[Eli_6]

2 hours ago, CruizinSusan70 said:

The difference is that the drink package on NCL is valid on day 1 out of NYC and Cheers is not valid on day on Carnival out of NYC. Individual drink charges and taxes in general apply across the board, but it's the difference in allowing the packages between the cruise lines that's the debate.

NCL probably doesn't market it as an all you can drink package and therefore somehow gets around it.  

[mjkacmom]

1 hour ago, Eli_6 said:

NCL probably doesn't market it as an all you can drink package and therefore somehow gets around it.  

It’s called the unlimited beverage package on NCL.

[ohioNCLcruiser]

1 hour ago, Eli_6 said:

NCL probably doesn't market it as an all you can drink package and therefore somehow gets around it.  

They do and actually NCL is more unlimited than Carnival is. No 15 drink cap, can get two beers at once ec.

Edited January 18, 2023 by ohioNCLcruiser

[Eli_6]

I have no idea how NCL gets around the law then, but the law in Texas is that you can't have "all you can drink" packages.  Technically, neither package is truly all you can drink. Maybe NCL is simply more comfortable with pushing the limits than Carnival or less concerned about being sued or getting fined by TABC.  Or maybe they don't worry as much about it since they don't sail as much out of Texas.  Carnival has three ships going all the time out of Galveston.  

[Eli_6]

Or maybe Carnival attracts a crowd more likely to over-indulge from a psuedo "All you can drink" package so Carnival management has decided to not risk this occurring in Texas water where they might lose their ability to serve alcohol completely should something go wrong. 

[ohioNCLcruiser]

2 hours ago, Eli_6 said:

I have no idea how NCL gets around the law then, but the law in Texas is that you can't have "all you can drink" packages.  Technically, neither package is truly all you can drink. Maybe NCL is simply more comfortable with pushing the limits than Carnival or less concerned about being sued or getting fined by TABC.  Or maybe they don't worry as much about it since they don't sail as much out of Texas.  Carnival has three ships going all the time out of Galveston.  

Sorry I was talking about New York. On NCL they also had a limited menu out of Houston for our first afternoon but can't remember what the deal was on the unlimited package. 

[CruizinSusan70]

10 hours ago, Eli_6 said:

I have no idea how NCL gets around the law then, but the law in Texas is that you can't have "all you can drink" packages.  Technically, neither package is truly all you can drink.

On Halloween , we embarked from Galveston on the NCL Prima.  On the first day, we were stuck drinking the TX marked bottles, but we could drink as much as we wanted, as long as it was from the special highly reduced number of bottles and only a few types of beers.  But, it was included in their package and it was as usual, as much as you could consume with no 15 limit that Carnival has, so in fact, it truly was all you could drink.  Just like on the following 10 days, which had all of their regular drink choices available since we had left TX waters.

[BallFour4]

On 1/18/2023 at 7:53 AM, dallasdan said:

In Texas, the ship must serve liquor purchased in Texas and charge sales tax.  Royal must not have a problem switching out the bottles after midnight, where Carnival waits until the next day.

Dan,

Carnival doesn't wait until the next day, they switch once the ship is in international water. That happens within the first couple of hours after sail away. Carnival enjoys the revenues of pay as you go for alcohol on the first day as it is one of their most profitable times. 

 Royal has elected to have their point of entry system track the items purchased and pay the TABC tax.
 
This law here in Texas is several decades old, they only decided to step up the enforcement by also placing representatives in the terminal asking those leaving if they purchased take home alcohol while in port or on the ship.
 

.

[Eli_6]

8 hours ago, CruizinSusan70 said:

On Halloween , we embarked from Galveston on the NCL Prima.  On the first day, we were stuck drinking the TX marked bottles, but we could drink as much as we wanted, as long as it was from the special highly reduced number of bottles and only a few types of beers.  But, it was included in their package and it was as usual, as much as you could consume with no 15 limit that Carnival has, so in fact, it truly was all you could drink.  Just like on the following 10 days, which had all of their regular drink choices available since we had left TX waters.

From the above article:

 

“State law and TABC rules prohibit any practice which could reasonably be interpreted to allow or encourage overconsumption of alcohol. This includes “all you can drink” packages or other promotions which allow unlimited alcohol for a buy-in price. These standards would apply to any alcoholic beverages served or sold within Texas territory, including any waters over which Texas claims jurisdiction. Once a vessel is outside of Texas territory, the state’s laws no longer apply.”

 

I have lived in Texas my entire life. I am a Texas attorney (but I am not your attorney). I was the social chair and later President of my sorority in college and planned many parties. Even back then some 20 years ago, we could not charge a flat fee for "all you can drink." As long as I have lived in Texas, that has been the law.  Maybe NCL skirts the law in some manner or another or simply hasn't gotten busted, but that is the law and I don't blame Carnival for following it. 

 

Maybe NCL starts the drink package on the first day after they are in international waters. Maybe they don't allow drinks until sail away and it doesn't take that long to get to international waters. Maybe they simply risk getting fined if caught.

Edited January 20, 2023 by Eli_6

[CruizinSusan70]

4 hours ago, Eli_6 said:

From the above article:

 

“State law and TABC rules prohibit any practice which could reasonably be interpreted to allow or encourage overconsumption of alcohol. This includes “all you can drink” packages or other promotions which allow unlimited alcohol for a buy-in price. These standards would apply to any alcoholic beverages served or sold within Texas territory, including any waters over which Texas claims jurisdiction. Once a vessel is outside of Texas territory, the state’s laws no longer apply.”

 

I have lived in Texas my entire life. I am a Texas attorney (but I am not your attorney). I was the social chair and later President of my sorority in college and planned many parties. Even back then some 20 years ago, we could not charge a flat fee for "all you can drink." As long as I have lived in Texas, that has been the law.  Maybe NCL skirts the law in some manner or another or simply hasn't gotten busted, but that is the law and I don't blame Carnival for following it. 

 

Maybe NCL starts the drink package on the first day after they are in international waters. Maybe they don't allow drinks until sail away and it doesn't take that long to get to international waters. Maybe they simply risk getting fined if caught.

I am referring to first hand experience on our 11 day NCL Prima cruise.  On day one we were able to drink as much as we wanted, as soon as we boarded.  There was no waiting until after sail away to hit international waters.   Initially there were limited choices because of the limited bottles that were marked for Texas consumption.  They somehow bypass things or maybe pay taxes.  Don't know and didn't care.  

 

Edited January 20, 2023 by CruizinSusan70