AB 363

This bill allows certain alcohol beverages retailers to make online or telephone

sales of alcohol beverages and deliver the alcohol beverages to the customer or to

have the alcohol beverages delivered to the customer by an independent third-party

delivery service.

Under current law, with limited exceptions, no person may sell alcohol

beverages to a consumer unless the seller possesses a license or permit authorizing

the sale. A Class “B" license authorizes the retail sale of fermented malt beverages

(beer) for consumption on or off the premises. Except when issued to a winery, a

“Class B" license authorizes the retail sale of intoxicating liquor, which includes wine

and distilled spirits, for consumption on the licensed premises and, subject to certain

restrictions, the retail sale of intoxicating liquor in original packages for

consumption off the licensed premises. Class “A” and “Class A” licenses authorize

the retail sale of, respectively, beer and intoxicating liquor in original packages for

consumption off the licensed premises. Each of these retail licenses is issued by a

municipality.

Also under current law, a retail license authorizes only face-to-face sales of

alcohol beverages to consumers at the licensed premises. After the sale is made on

the licensed premises, if the alcohol beverages are sold for off-premises

consumption, the retailer may deliver the alcohol beverages to a location designated

by the consumer. The sale to the consumer on the licensed premises is governed by

certain requirements, including that the purchaser be of legal drinking age, that the

sale be made only during certain hours, and that the licensed premises be supervised

by a person holding an operator's (bartender's) license.

This bill allows an alcohol beverages retailer to process and fill an online or

telephone order for the sale and delivery of both food and alcohol beverages or alcohol

beverages alone (remote order) if all of the following apply: 1) the retailer holds a

Class “A” or “Class A” license or holds a Class “B” or “Class B” license issued for a

grocery store or restaurant; 2) the products ordered are delivered to the customer by

the retailer or by an independent delivery service that derives less than half its

revenues from delivering alcohol beverages; 3) full payment for the order is made at

the time the order is placed, although a delivery tip is permitted; 4) at the time the

order is placed, the customer asserts that the customer is at least 21 years of age and

not intoxicated; and 5) at the time of delivery and prior to transferring possession of

the alcohol beverages to the customer, the delivery service examines the customer's

identification, verifies visually and by using electronic scanning technology that the

customer is at least 21 years of age, and creates a record of this age verification. Age

verification records must be retained by the retailer for one year. An individual may

not deliver alcohol beverages to a customer unless the individual is at least 21 years

of age and has successfully completed a responsible beverage server training course

or comparable course. Alcohol beverages may not be delivered to a person who is less