AB 71

This bill allows most 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 a Class “A”, “Class A”, Class “B”

, or “Class B” licensed 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 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; 2) full payment for the order is made at the time the order is

placed, although a delivery tip is permitted; 3) at the time the order is placed, the

customer asserts that the customer is at least 21 years of age and not intoxicated; and

4) at the time of delivery and prior to transferring possession of the alcohol beverages

to the customer, the retailer or 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