Alcohol beverages delivery and the face-to-face requirement for retail sales of alcohol beverages

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 than 21 years of age or visibly intoxicated. If alcohol beverages are delivered by a delivery service to an underage person, the delivery service is liable for the violation, and the retailer is not liable if the customer asserted when placing the order that he or she is at least age 21.