2022 Code of Alabama
Title 28 - Intoxicating Liquor, Malt Beverages and Wine.
Chapter 3A - Alcoholic Beverage Licensing Code.
Section 28-3A-13.1 - Delivery Service License.

Section 28-3A-13.1

Delivery service license.

(a) Any entity licensed by the board for off-premises consumption, restaurant licensee of the board, or valid and responsible organization of good reputation that is registered to do business in the state may apply for and be issued a delivery service license. In order to receive a license, an applicant shall do all of the following:

(1) File an application with the board.

(2) Pay a non refundable filing fee of one hundred dollars ($100), and a license fee of two hundred fifty dollars ($250).

(3) Provide to the board a sample contract that the applicant intends to enter into with a retailer for the delivery of beer, wine, and spirits, unless the applicant is the retailer.

(4)a. Provide to the board both of the following:

1. An attestation that the applicant is 21 years of age or older.

2. A true, correct, and complete criminal court record of all arrests and subsequent dispositions for the past three years. If the applicant has been convicted of a felony or a misdemeanor for a violation of Section 28-3A-25(a)(3), then the board shall reject the application and shall not issue a license.

b. This subdivision shall not apply to publicly traded companies.

(5)a. For an applicant with four or more delivery drivers, whether those drivers are employees or independent contractors, provide proof of a general liability insurance policy in an amount no less than five million dollars ($5,000,000) per occurrence.

b. For an applicant with three or fewer delivery drivers, whether those delivery drivers are employees or independent contractors, provide proof of a general liability insurance policy in an amount no less than two million dollars ($2,000,000) per occurrence.

(6) Provide to the board an outline for an internal or external training and certification program for delivery personnel which addresses topics such as identifying underage individuals, intoxicated individuals, and fake or altered identification.

(b) A delivery service licensee may deliver, or contract with any retailer in the state for the delivery of, beer, wine, or spirits from a retail premises to an individual in the state who is at least 21 years of age, for personal use by that individual only, and not for resale, subject to all of the following:

(1) The individual placing the order must receive the ordered alcoholic beverages on the same calendar day that the alcoholic beverages are removed from the licensed retail premises.

(2) Any delivery shall be made in vehicles that are owned or leased by the delivery service licensee or an employee or independent contractor of the licensee.

(3) Any beer, wine, or spirits shall be delivered in a sealed unopened container.

(4) If the delivery service licensee is a restaurant, then any beer, wine, or spirits delivered by the licensee must be accompanied by a meal.

(5) If the delivery service licensee is a manufacturer or brewpub with off-premises retail privileges under Sections 28-3A-6, 28-4A-3, or 28-7-18, the manufacturer or brewpub may deliver, directly from the manufacturer or brewpub 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 under Sections 28-3A-6 or 28-4A-3.

(6)a.1. 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.

2. Draft beer may be sold in accordance with board rules 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.

b. 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 of wine per customer in any single 24-hour period.

c. Spirits may be sold in any size bottle by an off-premises licensee; provided, the total amount delivered does not exceed 9,000 milliliters per customer in any single 24-hour period.

d. 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.

(7) Any employee or independent contractor delivering beer, wine, or spirits shall comply with all of the following:

a. Is at least 21 years of age.

b. Has a valid driver's license.

c. Has, within the last 24 months, undergone a criminal background check that includes driving records, and the results of which comply with all of the following:

1. The individual has not been convicted within the past seven years of driving under the influence.

2. The individual has not been convicted, at any time, of a crime involving a sexual offense, fraud, property damage, theft, an act of violence, or an act of terror.

3. The individual does not have a match on the National Sex Offender Registry.

d. Does not receive compensation based on whether an attempted delivery of beer, wine, or spirits results in a completed transaction.

e. Is trained and certified consistent with the training program submitted to the board as required by subdivision (a)(6), with documentation on file with the delivery service licensee. Upon request, the licensee shall provide this documentation to the board.

(8) A delivery service licensee may facilitate orders for the sale and delivery of beer, wine, or spirits by telephone, Internet, or by other electronic means; provided, all of the following:

a. 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.

b. The delivery service licensee shall ensure all payments have been processed for delivery prior to removing the alcoholic beverages from the licensed premises.

c. If the delivery service licensee is a retail licensee, any order for sale and delivery of beer, wine, or spirits received at the licensee's primary place of business or through a third party licensee or facilitator shall be construed as a sale made at the licensee's primary place of business.

(9) Any delivery in a sealed package shall be stamped, printed, or labeled in a manner approved by the board, and that stamp, print, or label shall be prominently displayed on the outside of the sealed package to indicate in readily apparent font or type that the package contains alcohol and that the signature of an individual at least 21 years of age is required for delivery.

(10) 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.

(11) A delivery service licensee shall possess identification scanning software technology, or a state-of-the-art alternative approved by the board, available at the point of delivery that verifies the recipient is at least 21 years of age and retains the recipient's name, date of birth, and signature.

(12) A delivery service licensee shall provide each employee or independent contractor making a delivery with either a printed copy of the delivery service license or an electronic copy indicating the delivery service license's name and number, which shall be available for inspection upon request from the board or any law enforcement officer.

(13) A delivery service licensee shall return any beer, wine, or spirits to the retailer if the recipient is under the age of 21 years; appears intoxicated; fails to provide proof of identification; fails or refuses to sign for delivery; fails to complete the identification scanning software process or state-of-the-art alternative; declines to accept the delivery of beer, wine, or spirits; or any circumstances in the delivery environment which indicate illegal conduct, overconsumption, or an otherwise unsafe environment for the consumption of alcohol. In no event shall a delivery service licensee leave an alcoholic beverage delivery unattended.

(14) A delivery service licensee may deliver through a dry county or municipality, but may not deliver or cause a delivery to be made to an individual residing in a dry county or dry municipality. Every employee or independent contractor conducting a delivery shall maintain within the delivery vehicle evidence, electronic or otherwise, that the intended recipient of any alcoholic beverages is not located in a dry county or dry municipality.

(15) A delivery service licensee may deliver alcoholic beverages only during hours when alcoholic beverages may be sold under general or local law.

(16) 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.

(17) A delivery service licensee may not deliver alcoholic beverages to a location more than 75 miles from the licensed premise of the retail licensee where the delivery originated.

(18) A delivery service licensee may not deliver any alcoholic beverage to any licensee of the board.

(19) A delivery service licensee shall report, at the direction of the board, the total amount of beer, wine, or spirits directly delivered to residents in the state during the preceding calendar year.

(20) A delivery service licensee shall permit the board or the Department of Revenue to perform an audit of the licensee's records upon request.

(c) A delivery service licensee shall be deemed to have consented to the jurisdiction of the board, any law enforcement agency, and the Alabama courts concerning enforcement of this section and any related laws or rules.

(d) A delivery service licensee shall be considered to be a servant or agent of the retail licensee with whom the licensee has contracts, and any violation by the delivery service licensee, its employees, or its independent contractors may also be deemed to be a violation by the retail licensee.

(e) A technology services company shall not be required to obtain a delivery service license if the company does not employ or contract with the individual making the deliveries, but merely provides software or a digital network application that connects consumers and licensed retailers for the delivery of alcoholic beverages from a licensed retailer.

(f) A delivery service licensee may renew its license with the board by paying an annual renewal fee of two hundred fifty dollars ($250) and by otherwise complying with the renewal process set forth in Section 28-3A-5.

(g) The board may enforce the requirements of this section to suspend or revoke a delivery service license by the same administrative proceedings that apply to alcoholic beverage licenses, and the board may accept payment of a fine in lieu of suspension or revocation. The payments shall be as determined by rule of the board.

(h) Except as provided in this section, local ordinances establishing different rules on delivery, delivery service licensees, or requiring additional permits or fees, are prohibited.

(i) The board may adopt rules pursuant to the Alabama Administrative Procedure Act to implement this section.

(j) Any violation of this section is a Class B misdemeanor upon a first conviction. A second or subsequent conviction is a Class A misdemeanor.

(Act 2021-188, §3.)