SB 130

This bill allows most alcohol beverage retailers to make online or telephone

sales of alcohol beverages to be picked up by the customer at parking spaces that are

part of the retail licensed premises or to be delivered by the retailer or a delivery

service. The bill also prohibits municipalities from imposing by ordinance additional

restrictions on these sales for pickup and creates an alcohol delivery permit issued

by the Department of Revenue.

Current law

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 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. The licensed premises on

which the sale occurs must be particularly described in the retail license issued by

the municipality, and each applicant for a retail license must identify in the

application the premises where alcohol beverages will be sold.

Delivery

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 alcohol

beverages (remote delivery order) if all of the following apply: 1) the products ordered

are delivered to the customer by the retailer, by a delivery service under common

ownership with the retailer, or by a delivery service that is independent of the

retailer and derives less than 50 percent of its annual revenues associated with food

and beverage delivery from the delivery of alcohol beverages (third-party delivery

service); 2) the retailer, delivery service under common ownership with the retailer,

or third-party delivery service making delivery holds an alcohol delivery permit

issued by DOR (discussed further below); 3) the products delivered are sold in

original, unopened packages or containers, except that a “Class B” licensed retailer