Alcoholic beverage control; delivery of alcoholic beverages, third-party delivery license. (HB426)

Introduced By

Del. David Bulova (D-Fairfax) with support from co-patron Del. Betsy Carr (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Alcoholic beverage control; delivery of alcoholic beverages; third-party delivery license; container. Creates a third-party delivery license that authorizes the licensee to deliver alcoholic beverages purchased by consumers from other retail licensees. The bill establishes conditions for the issuance of third-party delivery licenses, imposes eligibility requirements for delivery personnel, and sets forth requirements for a delivery to be made by such delivery personnel. The bill imposes a $2,500 fine for first-time violations of the delivery requirements and a $5,000 fine for second and subsequent violations. The bill also establishes container requirements for certain alcoholic beverages sold for off-premises consumption or delivery. The bill requires that such alcoholic beverages, if not contained in the manufacturer's original sealed container, (i) be enclosed in a container that has no straw holes or other openings and is sealed in a manner that allows a person to readily discern whether the container has been opened or tampered with; (ii) display the name of the licensee from which the alcoholic beverages were purchased; (iii) be clearly marked with the phrase "contains alcoholic beverages"; (iv) have a maximum volume of 16 ounces per beverage for certain beverages; and (v) be stored in the trunk of the vehicle, in an area that is rear of the driver's seat, in a locked container or compartment, or, in the case of delivery by bicycle, in a compartment behind the bicyclist during delivery. The bill also excludes from the rebuttable presumption in current law that a person is consuming alcohol while driving any person who is delivering an alcoholic beverage in accordance with the provisions of the bill. The bill directs the Virginia Alcoholic Beverage Control Authority to collect data regarding the compliance of third-party delivery licensees with the provisions of the bill and report such data to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 1, 2023. The bill extends from July 1, 2022, to July 1, 2024, the sunset on prior legislation that allowed certain licensees to sell mixed beverages for off-premises consumption. This bill is identical to SB 254. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/11/2022Committee
01/11/2022Prefiled and ordered printed; offered 01/12/22 22101245D
01/11/2022Referred to Committee on General Laws
01/24/2022Assigned GL sub: Subcommittee #3
01/25/2022House subcommittee amendments and substitutes offered
01/25/2022Subcommittee recommends reporting with substitute (7-Y 1-N)
01/27/2022House committee, floor amendments and substitutes offered
01/27/2022Reported from General Laws with substitute (21-Y 1-N) (see vote tally)
01/27/2022Committee substitute printed 22105395D-H1
01/31/2022Read first time
02/01/2022Read second time
02/01/2022Committee substitute agreed to 22105395D-H1
02/01/2022Engrossed by House - committee substitute HB426H1
02/02/2022Read third time and passed House (94-Y 3-N)
02/02/2022VOTE: Passage (94-Y 3-N) (see vote tally)
02/03/2022Constitutional reading dispensed
02/03/2022Referred to Committee on Rehabilitation and Social Services
02/07/2022Impact statement from DPB (HB426H1)
02/18/2022Reported from Rehabilitation and Social Services (12-Y 1-N) (see vote tally)
02/21/2022Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/22/2022Read third time
02/22/2022Passed Senate (37-Y 3-N) (see vote tally)
02/24/2022Enrolled
02/24/2022Bill text as passed House and Senate (HB426ER)
02/25/2022Signed by Speaker
02/25/2022Signed by President
02/25/2022Impact statement from DPB (HB426ER)
03/09/2022Enrolled Bill communicated to Governor on March 9, 2022
03/09/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
04/05/2022G Approved by Governor-Chapter 79 (effective 7/1/22)
04/05/2022G Acts of Assembly Chapter text (CHAP0079)

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