Ala. Admin. Code r. 20-X-5-.17

Current through Register Vol. 43, No. 1, October 31, 2024

Section 20-X-5-.17 - Delivery Service License

(1)

(a) Pursuant to ACT 2021-188, a delivery service licensee may deliver or contract to deliver, a limited amount of alcohol to an individual who is at least 21 years of age. The following may apply for and be issued a delivery service license:

1. Any entity licensed by the ABC Board for off-premises consumption.

2. A restaurant and/or brewpub licensee of the board. All deliveries made by a restaurant and/or brewpub, which holds a restaurant license, must be made with a meal.

3. A valid and responsible organization of good reputation that is registered to do business providing delivery services in the state. The term "registered" means a formal process completed through the Alabama Secretary of State.

4. A manufacturer with off-premises retail privileges, provided such manufacturer abides by all requirements in ABC Rules and Regulations and Title 28 as pertains to retail sales.

(b) The applicant must include, as part of the application requirements in ACT 2021-188, a certificate of general liability insurance from a reputable insurance company indicating the applicant has the amount of insurance required and that the coverage is valid for the license year for which the application is being submitted. It shall be unlawful to represent to the ABC Board or to any other person that current insurance coverage exists when the policy has been cancelled or otherwise is not in force for any reason.

1. The certificate of general liability insurance will indicate that the insurer will advise the Alabama ABC Board immediately in the event the policy is cancelled before the expiration date thereof.

2. A delivery service licensee shall notify the ABC Board immediately at any time that its general liability insurance is cancelled or changed, to include a change of insurer.

3. The Board may verify the general liability insurance coverage of any licensee at any time.

4. No application for a new delivery service license or the renewal of an existing delivery service license shall be approved unless the application shows affirmatively that the requirements contained herein are met. Failure to comply with the requirements contained herein shall be cause for suspension or revocation of the license.

5. In the event of cancellation, termination or other invalidation of its general liability insurance, the licensee must comply with said insurance requirement within fifteen (15) days from the date of such cancellation, termination or other invalidation. After the fifteenth day, if the licensee has not complied, the subject license shall be suspended immediately and shall cease delivery business operations. Any license which has been suspended for failure to abide by this regulation shall not be reinstated until compliance is met.

6. A licensee may be cited administratively for violation of this regulation if proper insurance coverage is not maintained throughout the license year.

(c) Unless the applicant is the retailer, the applicant must provide a copy of the blank sample contract the applicant intends to use with its retail partners for the delivery of beer, wine, and spirits. Each applicant must also provide a list that includes the name of each retail partner, each location address for which they will be delivering, and the start and end date of the contract for each, and shall notify the ABC Board of any additions, deletions, or changes to the list. Additionally, each applicant shall sign a commitment to provide the ABC Board with a copy of the contract, for review, upon request.

(2)

(a) All applicants for a delivery service license must submit, with their application, a copy of their internal or external alcohol delivery training and certification program for approval by the Alabama Alcoholic Beverage Control Board. The training program shall include but not be limited to the following:

1. Delivery Driver Eligibility Requirements

2. Legal Sales and Delivery of Alcohol

3. Customer Verification

4. Delivery Refusal Criteria

5. Violations and Penalties

(b) All persons conducting a delivery containing alcoholic beverages must first successfully complete the training program and be issued a valid certificate of completion by the course provider which must be carried either in printed form or an electronic format and shall be available for inspection upon request by the board or any law enforcement officer. Thereafter, every 24 months, each delivery driver must complete a current training program and be issued a new certificate of completion by the course provider. A delivery driver's certificate of completion is not transferable to another delivery service licensee.

Ala. Admin. Code r. 20-X-5-.17

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021.

Author: ABC Board

Statutory Authority:Code of Ala. 1975, §§ 28-3-2; 28-3-49.