As most of you know, on Monday, April 12, 2021, Governor Ivey signed SB126 into law. This bill will allow licensed retailers in Alabama to use either their own employees or a third-party delivery service to deliver sealed containers of alcoholic beverages (beer, wine and distilled spirits) directly to consumers’ homes. Qualified businesses would include grocery stores, independent package stores, wineries, distilleries, breweries, and restaurants. The law will go into effect on October 1, 2021.
This bill does NOT allow shipments of beer, wine or distilled spirits via common carrier or other means from retailers outside the state of Alabama at this time, though this could change in subsequent sessions.
What is allowed?
- Beer, with the exception of draft beer, may be delivered in any size container, provided that the total amount delivered does not exceed the equivalent of 120 12-ounce containers of beer per customer in any single 24-hour period. However, if the delivery service licensee is a
manufacturer (brewery) or brewpub with off-premises retail privileges, the manufacturer or brewpub may deliver to any individual in any single 24-hour period an amount not to exceed the amount that the manufacturer or brewpub is authorized to sell to each customer each day (currently 288 oz, but the Guild has introduced a bill to increase that number).
- Draft beer may be sold in a total amount not to exceed 288 ounces per customer in any single 24-hour period, and may be delivered only where delivery has been authorized by resolution or ordinance of the local governing jurisdiction (so not in “Dry” counties or municipalities).
- Wine may be sold in any size container, provided that the total amount delivered does not exceed 9,000 milliliters or the equivalent of 12 750-milliliter bottles (one case) of wine per customer in any single 24-hour period.
- Spirits may be sold in any size bottle provided, the total amount delivered does not exceed 9,000 milliliters per customer in any single 24-hour period.
- Spirits may be sold in any size bottle by a restaurant licensee, provided the total amount delivered does not exceed 375 milliliters per customer in any single 24-hour period.
- If the delivery service licensee is a restaurant, then any beer, wine, or spirits delivered by the licensee must be accompanied by a meal.
- A delivery service licensee may deliver alcohol only during hours when alcohol may be sold under general or local law.
- The delivery service licensee shall obtain from the customer a confirmation that he or she is at least 21 years of age at the time the order is placed.
- A delivery service licensee shall require each recipient, at the time of delivery, to provide valid photo identification that conforms to board rules and that verifies that he or she is at least 21 years of age, and shall require the recipient to sign for the delivery.
What is not allowed?
- In no event shall a delivery service licensee leave an alcoholic beverage delivery unattended.
- A delivery service licensee may not deliver any alcoholic beverage to any residence hall on the grounds of any institution of higher learning, including any college, university, community college, technical college, or junior college.
- A delivery service licensee may not deliver alcohol to a location more than 75 miles from the licensed premise of the retail licensee where the delivery originated.
- Shipments/deliveries of beer, wine or distilled spirits via common carrier or other means from retailers outside the state of Alabama
If anyone is interested in reviewing the technical details regarding licensing, delivery qualifications, etc, the text of SB126 can be viewed HERE .
Great article, Jim!