ALCOHOL DELIVERY IN ALABAMA

Effective October 1, 2021

In April, Governor Kay Ivey signed S.B. 126 into law, a bill that will allow licensed businesses in the state to deliver sealed containers of beer, wine, and spirits to patrons’ homes beginning October 1, 2021.

Under the law, qualified businesses interested in delivering alcohol will have to file an application with the Alcoholic Beverage Control Board and pay a non-refundable filing fee of $100 and a $250 license fee.

Businesses may elect to use either their employees or third party contractors to deliver alcohol. Potential qualified businesses include grocery stores, independent package stores, wineries, distilleries, breweries, and restaurants.

Businesses would be limited to a 75-mile delivery radius and may only deliver alcoholic beverages during hours when alcohol may be legally sold.

All orders must be delivered to customers within 24 hours. Customers will also have a limit on the amount of alcoholic beverages they can order in a 24-hour window:

• Beer (with the exception of draft beer) may not exceed the equivalent of 120, 12-ounce containers of beer per customer. • Draft beer may be sold in accordance with ABC

Board rules and may not exceed 288 ounces per customer. • Wine may be sold in any size container, provided the total amount delivered does not exceed 9,000 milliliters per customer. • Spirits may be sold in any size bottle, provided the total amount delivered does not exceed 9,000 milliliters per customer.

Special Restaurant Considerations: • Restaurants, however, may not exceed 375 milliliters of spirits per customer. • All alcohol deliveries from restaurants must be sealed and also be accompanied by a meal.

Customers ordering alcohol would have to provide a valid I.D. to delivery businesses and an adult over 21 would be required to sign for the alcohol delivery. The law requires businesses to have scanning technology or an ABC Board-approved alternative that would be able to verify customer identification. Under the law, delivery service providers must return alcoholic beverages to the retailer if the intended recipient is under the age of 21, appears intoxicated, or fails to provide valid proof of identification. Delivery drivers may not deliver to college residence halls.