Daily News Update
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Tuesday, April 13, 2021 www.nabca.org • AL: Gov. Kay Ivey signs alcohol delivery bill into law • CT: Alcohol Awareness Month Serving Up Critical Health Advisories • United Kingdom: Supermarkets in talks to trial age estimation technology for buying alcohol later TODAY’S this year HIGHLIGHTS • Alcohol consumption is the sole cause of 85,000 deaths annually in the Americas, PAHO/WHO study finds • These Are the 50 U.S. Craft Brewers That Sold the Most Beer in 2020 • Innovations in Alcohol Detection Technology to be Explored on Advancements Series ALCOHOL AWARENESS MONTH Sharing Solutions E-Newsletter! A platform for the NABCA community to share successful UPCOMING EVENTS implementations and lessons learned about your good work. Webinar: TTB Explains Federal Alcohol Beverage Advertising Regulations TTB NEWS April 20, 2021 at 2 PM EST You can now find all of TTB’s COVID-19-related news Click here for more details. and guidance in a single location. NABCA's 84th ANNUAL CONFERENCE ADDITIONAL LINKS Registration is now open for the 84th Annual Conference which is virtual this year. Visit NABCA’s website for information on: The conference will be held May 17-19, 2021. This • Control State Agency Information year’s theme is SHARING SOLUTIONS. • Doing Business in Control States Click here for more details. • NABCA News For questions, contact the Meetings Department at [email protected]. CONTROL STATE NEWS Beverage Alcohol Retailers Conference AL: Gov. Kay Ivey signs alcohol delivery bill into June 7-9, 2021 law UT Austin ATT Conference Center, Texas Click here for more details. AL.com By Shauna Stuart April 12, 2021 NABCA NEWS Alabamians will be able to order alcohol for delivery Visit NABCA’s COVID-19 Resource page for updates to their homes starting this fall. regarding policy changes that effect on- and off- Gov. Kay Ivey on Monday signed S.B. 126 into law, a premise retail operations. bill that would allow licensed businesses in the state The Collection: An Alcohol Research Summary to deliver sealed containers of beer, wine, and spirits (formerly Annotated Bibliography) A comprehensive to patrons’ homes. overview of the latest scientific evidence on important topics related to alcohol policy. The law officially goes into effect Oct. 1. Under the law, qualified businesses interested in delivering alcohol would have to file an application with the 2 Alcoholic Beverage Control Board and pay a non- to expand that service into Alabama, including refundable filing fee of $100 and a $250 license fee. Instacart, Waitr, Postmates, and Birmingham-based Businesses could use either their employees or third Shipt. party contractors to deliver alcohol. Potential “Consumers across Alabama depend on Shipt to get qualified businesses include grocery stores, their groceries and household essentials delivered, independent package stores, wineries, distilleries, and soon they’ll be able to count on Shipt for delivery breweries, and restaurants. of their beer, wine and spirits too,” Shipt S.B. 126 lists a number of provisions for alcohol spokesperson Evangeline George said in an email deliveries. Businesses would be limited to a 75-mile statement. “This law brings more convenience for delivery radius and may only deliver alcoholic customers, expands work opportunities for shoppers, beverages during hours when alcohol may be legally and drives business for retailers across the state – all sold. All orders must be delivered to customers within while putting safety first with rules to help ensure 24 hours. Customers will also have a limit on the deliveries with alcohol are made only to adults of amount of alcoholic beverages they can order in a 24- legal drinking age. We thank Governor Ivey and the hour window: Alabama Legislature for their support in expanding delivery options across the state while prioritizing • Beer (with the exception of draft beer) may not safety.” exceed the equivalent of 120, 12-ounce containers of beer per customer. What’s next? • Draft beer may be sold in accordance with ABC Now that the bill has been signed into law, the hefty Board rules and may not exceed 288 ounces per legwork from Alabama Beverage Control Board customer. begins. Over the next few months, the ABC Board and employees will get to work crafting regulations and • Wine may be sold in any size container, provided policies to help potential licensees understand their the total amount delivered does not exceed 9,000 rights and responsibilities under the new law. One of milliliters per customer. those line items includes creating a new third-party • Spirits may be sold in any size bottle, provided the delivery license. total amount delivered does not exceed 9,000 But will alcohol delivery be restricted to private milliliters per customer. businesses, or will the state-run ABC stores also • Restaurants, however, may not exceed 375 participate? milliliters per customer. All alcohol deliveries Under the official language of the Code of Alabama, from restaurants must also be accompanied by a “licensees” are private entities licensed by the ABC meal. Board to manufacture, distribute, or sell alcohol in Also, delivery drivers must be at least 21-years-old, the state. have a valid driver’s license, and pass a background Since ABC stores are businesses governed by ABC check and an alcohol delivery training program. Board and are not “licensed” by the board, the Customers ordering alcohol would have to provide a Alabama ABC will spend the next few months valid I.D. to delivery businesses and an adult over 21 examining the factors of home delivery and make a would be required to sign for the alcohol delivery. The decision “that is in the best interest of the citizens of bill would also require businesses to have scanning the state,” ABC Board Government Relations technology or an ABC Board-approved alternative Manager Dean Argo explained to AL.com in an email. that would be able to verify customer identification. In the meantime, businesses interested in entering Under the law, delivery service providers must return the world of alcohol delivery should start accessing alcoholic beverages to the retailer if the intended the landscape. The law requires businesses who plan recipient is under the age of 21, appears intoxicated, to use third party delivery to provide the ABC Board or fails to provide valid proof of identification. with a sample contract outlining their agreement with Delivery drivers may not deliver to college residence the delivery service. halls. The law also requires businesses to provide an outline The new law opens up the opportunity for national for an employee alcohol delivery training program— companies that already deliver alcohol in other states 3 one that addresses a number of topics including House Bill 2025, known as an economic development identifying underage individuals and recognizing fake initiative, will allow craft breweries, wineries, and and altered forms of identification. distilleries to compete with out-of-state rivals in direct shipment to customers, no matter where they Many national delivery services already have such a live. program in place. Evangeline George says Shipt will spend the coming months working with its shoppers “ Last year, during COVID the governor lifted some of and retailers to prepare for the launch of alcohol the restrictions letting bars and restaurants sell delivery, including training shoppers who wish to alcohol to go in bottles of liquor and cans of beer. deliver orders containing alcohol. Over the past year we hadn’t seen any major problems, so we wanted to make them permanent,” Ben Williams, the proprietor of The TakeOut Bham, a said Delegate Kayla Young (D-Kanawha). “We looked local restaurant delivery platform, said he has a at all the alcohol laws. Most of them hadn’t been cursory interest in expanding to include alcohol updated since the 1930s. We brought them up to delivery. His plan is to get feedback from other speed.” independent businesses who are currently providing alcohol delivery. One option sticking around that was introduced during the pandemic is one for West Virginians to Attorney Jaci Flug, General Counsel and Senior Vice have beer and wine delivered to their homes. President at the alcohol e-commerce platform Drizly, said retailers considering alcohol delivery programs Licensed restaurants and bars could ship beer and should begin assessing a number of aspects, including wine, as long as they accompany take-out food their best selling alcoholic beverages and whether to orders. establish point of sale factors such as delivery Continued delivery or pickup of alcoholic drinks with minimums. food orders is also part of the legislation. Consumers should know what businesses are allowed “When you order from Uber Eats or Grubb Hubb, to deliver alcohol. The Alabama law passed Monday you’ll be able to get drinks delivered. Whether you is less restrictive than the Georgia home delivery law get like a six-pack beer or get a craft cocktail growler passed in 2020 which prohibits breweries, distilleries, or a wine growler, you’ll be able to get those and wineries from delivering their products. delivered with a food purchase,” Young said. “ It’s Another alcohol delivery bill is currently in session. going to keep people off the roads from drinking and Sponsored by Rep. Terri Collins ( R-Decatur), H.B. 437 driving because they’ll be getting things delivered to would allow wine manufacturers to apply for a wine their house, so it’ll keep people safe.” direct shipper license from the Alcoholic Beverage Businesses must verify that the purchaser is at least Control Board to ship their products directly to 21 years old and that the person is not intoxicated. Alabama residents who are at least 21-years-old. The bill is awaiting its third reading in the Senate. Counties can begin serving alcohol for brunches at 6 a.m.