HB 519

Under existing law, delivery of alcoholic beverages by a licensed retailer or through a third party delivery service to a residence is prohibited

This bill would provide for a delivery service permit issued by the Alcoholic Beverage Control Board, that would allow the permittee to contract with certain licensed retail establishments to deliver sealed alcoholic beverages directly to Alabama residents who are at least 21 years of age for their personal use

This bill would provide for the permitting process and establish certain restrictions and requirements for delivery service permittees

This bill would also authorize certain employees of a delivery service permittee and independent contractors of a delivery service permittee to deliver alcoholic beverages to residents

Relating to alcoholic beverages; to amend Section 28-1-4, Code of Alabama 1975, and to add Section 28-3A-3.1 to the Code of Alabama 1975; to provide for a delivery service permit from the Alcoholic Beverage Control Board that authorizes the permittee, using its employees or independent contractors, to deliver alcoholic beverages directly to Alabama residents who are at least 21 years of age for their personal use; to provide for the permitting procedure; to provide restrictions and requirements on the delivery of alcoholic beverages; and to provide for issuance and renewal fees for a delivery service permit.

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 shall be unlawful for common or permit carriers, operators of trucks, buses, or other conveyances or out-of-state manufacturers or suppliers to make delivery of any alcoholic beverage from without outside 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 permittee or an employee or independent contractor of a delivery service permittee may transport and deliver alcoholic beverages to a resident who is at least 21 years of age in the state in accordance with Section 28-3A-3.1.

(c)(d) Any violation of subsection (a) of this section (b) 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

Section 28-3A-3.1 is added to the Code of Alabama 1975, to read as follows: §28-3A-3.1. (a) Notwithstanding any other provision of this title, any person, limited liability company, or partnership that is registered to do business in this state, regardless of the residency of the ownership of the entity, may apply for and be issued a delivery service permit that authorizes the permittee to deliver alcoholic beverages from a retailer licensed to sell alcoholic beverages for off-premises consumption to a resident in the state who is at least 21 years of age for the resident's personal use and not for resale. (b) In order to receive a permit, the applicant for a delivery service permit shall do all of the following: (1) File an application with the Alcoholic Beverage Control Board. (2) Pay a filing fee of one hundred dollars ($100). (3) Provide to the board a sample contract it will enter into with a licensed retailer for the delivery of alcoholic beverages. (c) A delivery service permittee: (1) May contract with any retailer licensed to sell alcoholic beverages for off-premises consumption for the purpose of delivering alcoholic beverages, including liquor, beer, and wine. (2) May use its own employees or independent contractors who are at least 21 years of age, to deliver alcoholic beverages under this section. (3) May take orders by telephone, Internet, or by other electronic means for the sale and delivery of alcoholic beverages under this section. (4) May deliver only sealed containers of alcohol. (5) Shall obtain from the customer an attestation that he or she is at least 21 years of age at the time the order is placed. (6) For any shipping container of which it is not readily apparent that it contains alcoholic beverages, shall stamp, print, or label on the outside of the shipping container the words: "CONTAINS ALCOHOL: Must be delivered to a person 21 years of age or older." (7) Shall require the customer, at the time of delivery, to provide photo identification verifying he or she is at least 21 years of age and sign for the delivery. (8) Shall report, at the direction of the board, the total amount of alcoholic beverages directly shipped to residents in the state during the preceding calendar year. (9) Shall collect and properly remit all state and local sales or use taxes and excise taxes due on sales to Alabama residents. (10) Shall permit the board or the Department of Revenue to perform an audit of the permittee's records upon request. (11) 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) Any individual applying for a delivery service permit under this section must be 21 years of age or older and must not have been convicted of a felony. (e) A delivery service permittee may renew its permit with the board by paying annually a renewal fee of fifty dollars ($50) and providing the board a true copy of its current permit. (f) The board may enforce the requirements of this section to suspend or revoke a delivery service permit 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.