SB264 By Senator Waggoner RFD Tourism Rd 1 05-MAR-20

SYNOPSIS: Under existing law, delivery of beer and wine to a residence is prohibited.

This bill would provide for a delivery service license issued by the Alcoholic Beverage Control Board that would allow the licensee to deliver sealed beer and wine from certain licensed retail establishments directly to individuals in Alabama who are at least 21 years of age for their personal use.

This bill would provide for the licensing process and establish certain restrictions and requirements for delivery service licensees.

This bill would also authorize certain employees of a delivery service licensee and independent contractors of a delivery service licensee to deliver beer and wine to individuals in Alabama.

A BILL TO BE ENTITLED AN ACT

Relating to alcoholic beverages; to amend Section 28-1-4, Code of Alabama 1975; to provide for a delivery service license from the Alcoholic Beverage Control Board that authorizes the licensee, using its employees or independent contractors, to deliver beer and wine directly to Alabama residents who are at least 21 years of age for their personal use; to provide for the licensing procedure; to provide restrictions and requirements on the delivery of beer or wine; and to provide for issuance and renewal fees for a delivery service license.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 28-1-4, Code of Alabama 1975, is amended to read as follows:

§28-1-4.

"(a) The words and phrases used in this section shall have the meanings ascribed to them in Section 28-3-1 and any acts amendatory thereof, supplementary thereto or substituted therefor.

"(b) It Except as provided in subsection (c), it shall be unlawful for any common or permit carriers, operators carrier, operator of trucks, buses, or other conveyances or out-of-state manufacturers or suppliers a manufacturer or supplier to make delivery of any alcoholic beverage from without the State of Alabama to any person, association or corporation within the state, except to the Alabama Alcoholic Beverage Control Board and to manufacturers, importers, wholesalers and warehouses licensed by the Alabama Alcoholic Beverage Control Board to receive the alcoholic beverages so delivered.

"(c) Notwithstanding subsection (b), a delivery service licensee, or an employee or independent contractor of a delivery service licensee in compliance with Section 2 of the act adding this amendatory language may transport and deliver beer and wine to an individual in the state who is at least 21 years of age.

"(d) Any beer or wine delivered to an individual pursuant to this section shall not exceed, by volume, the equivalent of 48 12-ounce containers of beer and six 750-milliliter bottles of wine in any single 24-hour period.

"(c) Any (e) A violation of subsection (a) of this section shall be a misdemeanor, punishable as provided in paragraph subdivision (1) of subsection (b) of Section 28-3A-25.

"(d) All laws or parts of law which conflict or are inconsistent with this section are hereby repealed, provided, however, the provisions of Section 28-1-3 are excluded."

Section 2. (a) Any person, limited liability company, or partnership that is registered to do business in this state, regardless of whether the ownership of the business entity is based in the State of Alabama or outside the State of Alabama, may apply for and be issued a delivery service license that authorizes the licensee to deliver beer and wine from a retail premises licensed to sell beer or wine for off-premises consumption to an individual in this state who is at least 21 years of age for personal use and not for resale.

(b) In order to receive a license, an applicant shall do all of the following:

(1) File an application with the Alcoholic Beverage Control Board.

(2) Pay a non-refundable filing fee of one hundred dollars ($100), and a license fee of one thousand dollars ($1,000).

(3) Provide to the board a sample contract that the applicant intends to enter into with a retailer for the delivery of beer or wine, unless the applicant is the retailer.

(4) Provide an attestation that the applicant is 21 years of age or older and has not been convicted of a felony or a misdemeanor for a violation of Section 28-3A-25(a)(3), Code of Alabama 1975.

(5) Provide proof of a general liability insurance policy in an amount no less than five million dollars per occurrence.

(6) Provide an outline for an internal training and certification program for delivery personnel that addresses topics such as identifying underage individuals, intoxicated individuals, and fake or altered identification.

(c) A delivery service licensee:

(1) May contract with any retailer licensed to sell beer or wine for off-premises consumption for the purpose of delivering beer or wine.

(2) May use its own employees or independent contractors who are at least 21 years of age to deliver beer and wine under this section, provided all delivery agents are trained and certified consistent with the training program submitted to the board as required by subdivision (6) of subsection (b).

(3) May facilitate orders by telephone, Internet, or by other electronic means for the sale and delivery of beer or wine under this section.

(4) May deliver only sealed containers of beer or wine .

(5) Shall obtain from the customer a confirmation that he or she is at least 21 years of age at the time the order is placed.

(6) For any delivery in a sealed package there shall be a stamp, print, or label on the outside of the sealed package to indicate in readily apparent font or type that the package contains alcohol and that the signature of an individual at least 21 years of age is required for delivery.

(7) Shall require the recipient, at the time of delivery, to provide valid photo identification that conforms to Alcoholic Beverage Control Board rules and that verifies that he or she is at least 21 years of age and sign for the delivery.

(8) Shall possess identification scanning software technology or a state-of-the-art alternative available at the point of delivery that verifies the recipient is at least 21 years of age and retains the recipient's name, date of birth, and signature.

(9) Shall provide each delivery service agent either a printed copy of the delivery service license or an electronic copy indicating the delivery service licensee's name and number which shall be available for inspection, upon request.

(10) Shall return all beer and wine to the retailer if the recipient is under the age of 21 years, appears intoxicated, fails to provide proof of identification, fails or refuses to sign for delivery, fails to complete the identification scanning software process or state-of-the-art alternative, declines to accept the delivery of beer or wine, or if any circumstances in the delivery environment indicate illegal conduct, overconsumption, or an otherwise unsafe environment for the consumption of alcohol.

(11) May deliver through a dry county but may not deliver to an individual residing in a dry municipality.

(12) May not deliver any alcoholic beverage to any residence hall within the boundaries of any institution of higher learning, including any college, university, community college, technical college, or junior college.

(13) Shall report, at the direction of the board, the total amount of beer and wine directly delivered to residents in the state during the preceding calendar year.

(14) Shall permit the board or the Department of Revenue to perform an audit of the licensee's records upon request.

(15) Shall be deemed to have consented to the jurisdiction of the board or any law enforcement agency and the Alabama courts concerning enforcement of this section and any related laws or rules.

(d) A delivery service licensee may renew its license with the board by paying annually a renewal fee of one thousand dollars ($1,000) and otherwise complying with the renewal process set forth in Section 28-3A-5, Code of Alabama 1975.

(e) Nothing in this section shall be construed to require a technology services company to obtain a delivery service license if the company does not employ or contract with delivery agents, but merely provides software or a digital network application that connects consumers and licensed retailers for the delivery of alcoholic beverages from a licensed retailer.

(f) The board may enforce the requirements of this section to suspend or revoke a delivery service license by the same administrative proceedings that apply to alcoholic beverage licenses, and the board may accept payment of a fine in lieu of suspension or revocation, such payments to be determined by rule adopted by the board.

(g) The board may adopt rules pursuant to the Alabama Administrative Procedure Act to implement this section.

Section 3. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Alcoholic Beverages

Alcoholic Beverage Control Board

Delivery Sales

Beer

Wine

Code Added

Code Amended