The demand for home delivery increased at a dramatic rate during the pandemic, but thirsty customers in Georgia were not able to purchase alcohol with their grocery order. That is about to change, thanks to legislation that was signed by Governor Kemp.
HB 879, introduced by Representative Brett Harrell, is the omnibus alcohol bill that passed late this session. While it started as a delivery bill that passed the House before the pandemic break, HB 879 quickly became an alcohol bill with something for everyone. The legislation includes the following components:
HB 879, introduced by Representative Brett Harrell, is the omnibus alcohol bill that passed late this session. While it started as a delivery bill that passed the House before the pandemic break, HB 879 quickly became an alcohol bill with something for everyone. The legislation includes the following components:
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Streamlined Application Process
Requires the Department of Revenue to develop and implement a state-wide, centralized application process for initial applications and
renewals for alcohol licenses and permits for retailers that the Department of Revenue and local governing authorities must use. The Department has until January 1, 2021 to develop and implement this process. |
Packaged
Store Tastings Authorizes retail package liquor stores to conduct up to 52 tasting events per calendar year.
Proximity of Sales to College Campuses
Allows counties and municipalities to regulate the distance between licensees for retail sale pack-ages of alcoholic beverages for consumption off-premises and college campuses.
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Home Delivery - What's Next?
In order for the delivery of alcohol to happen, Georgia’s Department of Revenue (DOR) was tasked with promulgating regulations before customers could take advantage of the option. The Georgia Food Industry Association worked with the DOR to bring the information to our member companies. In late September, the DOR issued information and guidance to address the minimum cur-riculum for an alcoholic beverage delivery training course as well as information for the retailers and third-party delivery companies.
There is no additional license needed to deliver, although a business must be a licensed alcohol retailer. In the case of a grocery or convenience store, a retailer can deliver beer and wine except where prohibited by local ordinance or resolution. Liquor stores can also deliver distilled spirits. Restaurants, brewpubs, and bars and other consumption-on-premises retail alcohol licensees can deliver beer and wine in the original container sealed by the manufacturer. (no mixed drinks)
In order for the delivery of alcohol to happen, Georgia’s Department of Revenue (DOR) was tasked with promulgating regulations before customers could take advantage of the option. The Georgia Food Industry Association worked with the DOR to bring the information to our member companies. In late September, the DOR issued information and guidance to address the minimum cur-riculum for an alcoholic beverage delivery training course as well as information for the retailers and third-party delivery companies.
There is no additional license needed to deliver, although a business must be a licensed alcohol retailer. In the case of a grocery or convenience store, a retailer can deliver beer and wine except where prohibited by local ordinance or resolution. Liquor stores can also deliver distilled spirits. Restaurants, brewpubs, and bars and other consumption-on-premises retail alcohol licensees can deliver beer and wine in the original container sealed by the manufacturer. (no mixed drinks)
To deliver alcoholic beverages for a retail licensee, you must be either:
- An employee of the alcohol retail licensee; or
- A third-party service (or its employee) that has a contractual relationship with the alcohol retail licensee.
- The driver must be 21 years old with a Georgia driver’s license, go through a criminal background check within the last 12 months and complete a training program valid for two years.
What are the requirements for delivery?
Alcoholic beverages shall be transported in a vehicle for delivery within the local licensing jurisdiction of the packaged goods retailer and must be taken from current inventory.
For example, if a customer lives in the city limits of Smyrna, the order must come from the city of Smyrna location, even if another location outside the city limits is closer.
Deliveries must be delivered on the same calendar day that the alcohol left the premise and can only be delivered during the time the local jurisdiction allows the sale. Also, the delivery cannot be made to a school or prison.
Alcoholic beverages must remain in the possession of the delivery driver and cannot be transferred to another driver or any other person. The driver must deliver in person and must obtain a signature that matches the identifi cation and ensures the customer is 21 or over and not noticeably intoxicated.
What does a driver do if the if the driver is unable to complete the delivery?
The delivery driver should cancel the delivery and return the alcoholic beverages to the retailer on the same day, prior to the close of business.
Alcohol retail licensees that deliver alcoholic beverages are required to follow these mandates:
Purchasers of alcohol for delivery must establish an account maintained by the alcohol retail licensee and pay for the sale and delivery before the product leaves the premise of a retailer.
The retailer must maintain control and responsibility of the sale of alcoholic beverages, which includes receiving payment from the purchaser and appearing as the merchant of record at all times. If a licensee uses third-party applications or vendor ordering plat-forms, these services are prohibited from up-charging the alcoholic beverages sold by the licensee.
Alcoholic beverages shall be transported in a vehicle for delivery within the local licensing jurisdiction of the packaged goods retailer and must be taken from current inventory.
For example, if a customer lives in the city limits of Smyrna, the order must come from the city of Smyrna location, even if another location outside the city limits is closer.
Deliveries must be delivered on the same calendar day that the alcohol left the premise and can only be delivered during the time the local jurisdiction allows the sale. Also, the delivery cannot be made to a school or prison.
Alcoholic beverages must remain in the possession of the delivery driver and cannot be transferred to another driver or any other person. The driver must deliver in person and must obtain a signature that matches the identifi cation and ensures the customer is 21 or over and not noticeably intoxicated.
What does a driver do if the if the driver is unable to complete the delivery?
The delivery driver should cancel the delivery and return the alcoholic beverages to the retailer on the same day, prior to the close of business.
Alcohol retail licensees that deliver alcoholic beverages are required to follow these mandates:
Purchasers of alcohol for delivery must establish an account maintained by the alcohol retail licensee and pay for the sale and delivery before the product leaves the premise of a retailer.
The retailer must maintain control and responsibility of the sale of alcoholic beverages, which includes receiving payment from the purchaser and appearing as the merchant of record at all times. If a licensee uses third-party applications or vendor ordering plat-forms, these services are prohibited from up-charging the alcoholic beverages sold by the licensee.
Are alcohol retail licensees required to maintain any additional records?
Retailers should keep the following records of employees and third-party services that deliver alcoholic beverages:
Are retail licensees responsible for the actions of employees or third-party services that deliver alcoholic beverages?
Licensees are ultimately responsible for the delivery of alcoholic products from their licensed premises, including deliveries by third party services and employees of the retailer. Illegal alcohol deliveries committed by an employee or a third party are deemed to be an act taken by the retailer.
For example, if a third-party service delivers an alcoholic beverage to a customer of the retailer and the alcoholic beverage is delivered to an individual that is not 21 years of age or older, the third-party service and the retail licensee could both be subject to fines and other penalties.
Alcohol retailers, delivery drivers that are employees of the alcohol retailer and third- party services can receive a fi ne, up to $500 for each violation. Retail alcohol licensees may also be suspended from delivering alcoholic beverages for a period not to exceed 30 days for each violation. Local governing authorities that issue alcohol licenses to retailers may also impose penalties on the retailer, employee, or third-party service; and any other criminal penalties provided by law.
Retailers should keep the following records of employees and third-party services that deliver alcoholic beverages:
- Criminal background investigation report
- List of employees and contractual agreements of third-party services delivering alcoholic beverages
- Employees’ training course certifi cations
- A record of the individual’s name and date of birth who accepted delivery of the alcoholic beverages for a 3 year retention period. Such records shall be provided to special agents or enforcement offi cers upon request.
Are retail licensees responsible for the actions of employees or third-party services that deliver alcoholic beverages?
Licensees are ultimately responsible for the delivery of alcoholic products from their licensed premises, including deliveries by third party services and employees of the retailer. Illegal alcohol deliveries committed by an employee or a third party are deemed to be an act taken by the retailer.
For example, if a third-party service delivers an alcoholic beverage to a customer of the retailer and the alcoholic beverage is delivered to an individual that is not 21 years of age or older, the third-party service and the retail licensee could both be subject to fines and other penalties.
Alcohol retailers, delivery drivers that are employees of the alcohol retailer and third- party services can receive a fi ne, up to $500 for each violation. Retail alcohol licensees may also be suspended from delivering alcoholic beverages for a period not to exceed 30 days for each violation. Local governing authorities that issue alcohol licenses to retailers may also impose penalties on the retailer, employee, or third-party service; and any other criminal penalties provided by law.
Alcoholic Beverage Delivery Training Curriculum
The Department of Revenue has developed the curriculum for an approved alcoholic beverage delivery training course. A company can submit a copy of their training program for approval. The Department will approve, deny or request modifications to the proposed training program within 15 business days.
The training must cover details in five areas
The Department of Revenue has developed the curriculum for an approved alcoholic beverage delivery training course. A company can submit a copy of their training program for approval. The Department will approve, deny or request modifications to the proposed training program within 15 business days.
The training must cover details in five areas
- Delivery driver eligibility
- The legal sales and delivery of alcoholic beverages
- Customer verifi cation
- Delivery refusal criteria
- Violations and penalties