Vote Smart's Synopsis:

Vote to pass a bill that authorizes third party delivery services to deliver alcohol in wet counties in Arkansas.

Highlights:

• Authorizes deliveries of alcoholic beverages to be done by or ordered by holders of the following permits (Sec. 1):

• Retail liquor;

• Microbrewery restaurant;

• Small brewery; 

• Grocery store off-premise wine;

• Small farm wine convenience store; and 

• Off-premises retail beer.

• Authorizes deliveries of alcoholic beverages by permit holders to a wet area in the permit holder’s county or an adjoining county (Sec. 1).

• Requires deliveries of alcoholic beverages to be completed by an employee of the permit holder or an independent contractor with a delivery permit (Sec. 1).

• Authorizes employees or independent contractors of a permit holder to (Sec. 1):

• Carry alcoholic beverages to a customer’s vehicle in the permit holder’s parking lot or a designated pick-up area; and

• Complete the sale of alcoholic beverages within the parking lot or designated pick-up area by verifying the customer is 21 years of age or older.

• Authorizes any individual, limited liability company, corporation, or partnership registered to business within the state to apply for a third-party delivery permit (Sec. 2).

• Prohibits holders of manufacturing or wholesale alcohol permits to obtain a third-party delivery permit (Sec. 2).

• Authorizes third-party delivery permit holders to employ or contract a driver for the delivery of an alcoholic beverage from the permit holder’s premises to a consumer located in an area where the sale of the beverage is legal (Sec. 2).

• Requires employees of third-party delivery permit holders to (Sec. 2):

• Be 21 years of age or older;

• Holds a valid driver’s license; and

• Have not been convicted of a felony.

• Requires applicants for third-party delivery permits to submit internal or external training used for delivery employees regarding identifying underage individuals, intoxicated individuals, and fake or altered identification (Sec. 2).

• Establishes an annual fee of $500 for third-party delivery permit holders (Sec. 2).

• Requires the use of a map from the Alcoholic Beverage Control Division to determine the legality of a sale in a particular location (Sec. 2).

• Authorizes the delivery of alcoholic beverages by a permit holder or a delivery driver contracted or employed by the permit holder, if (Sec. 2):

• The order is made by a consumer of 21 years of age or older; 

• The delivery location is within an area where the alcoholic beverage is legal; and

• The county in which the retailer is located is a wet area.

• Requires delivery permit holders and their employees to request and confirm identification for proof of age before delivery (Sec. 2).

• Authorizes deliveries of alcoholic beverages by third-party delivery permit holders and their employees outside of the retailer's hours of operation, if (Sec. 2):

• The individual receives the beverage from the retailer during the hours of operation; and

• The individual completes the delivery to the consumer within a reasonable amount of time after leaving the retailer’s premises.

• Specifies that a retailer’s responsibility to the time the retailer transfers possession of an alcoholic beverage to (Sec. 2):

• The holder of a third-party delivery permit; or

• Delivery driver employed by or contracted with a permit holder.

• Specifies that retailers are not responsible for the actions of third-party delivery permit holders and employees regarding (Sec. 2):

• Providing, selling, or serving alcoholic beverages to a minor or intoxicated individual; 

• Delivering alcoholic beverages in a dry or illegal area, unless the retailer contractually agreed to retain responsibility; or

• Any other provision of the law.

• Specifies that retailers are not required to verify whether third-party delivery permit holders and their employees received proper training (Sec. 2).

• Requires the Alcoholic Beverage Control Division to approve an applicant’s alcohol delivery training program before an issuance of a third-party delivery permit (Sec. 2).

• Requires alcohol delivery training to include (Sec. 2):

• Detecting noticeable signs of intoxication;

• Identifying valid in-state and out-of-state government issued identification; and 

• Training on wet and dry territories in Arkansas.

• Requires employees and independent contractors of third-party delivery permit holders to (Sec. 2):

• Complete approved training program before his or her first delivery; and

• Repeat the approved training program once every 12 months.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes third party delivery services to deliver alcohol in wet counties in Arkansas.

Highlights:

• Authorizes deliveries of alcoholic beverages to be done by or ordered by holders of the following permits (Sec. 1):

• Retail liquor;

• Microbrewery restaurant;

• Small brewery; 

• Grocery store off-premise wine;

• Small farm wine convenience store; and 

• Off-premises retail beer.

• Authorizes deliveries of alcoholic beverages by permit holders to a wet area in the permit holder’s county or an adjoining county (Sec. 1).

• Requires deliveries of alcoholic beverages to be completed by an employee of the permit holder or an independent contractor with a delivery permit (Sec. 1).

• Authorizes employees or independent contractors of a permit holder to (Sec. 1):

• Carry alcoholic beverages to a customer’s vehicle in the permit holder’s parking lot or a designated pick-up area; and

• Complete the sale of alcoholic beverages within the parking lot or designated pick-up area by verifying the customer is 21 years of age or older.

• Authorizes any individual, limited liability company, corporation, or partnership registered to business within the state to apply for a third-party delivery permit (Sec. 2).

• Prohibits holders of manufacturing or wholesale alcohol permits to obtain a third-party delivery permit (Sec. 2).

• Authorizes third-party delivery permit holders to employ or contract a driver for the delivery of an alcoholic beverage from the permit holder’s premises to a consumer located in an area where the sale of the beverage is legal (Sec. 2).

• Requires employees of third-party delivery permit holders to (Sec. 2):

• Be 21 years of age or older;

• Holds a valid driver’s license; and

• Have not been convicted of a felony.

• Requires applicants for third-party delivery permits to submit internal or external training used for delivery employees regarding identifying underage individuals, intoxicated individuals, and fake or altered identification (Sec. 2).

• Establishes an annual fee of $500 for third-party delivery permit holders (Sec. 2).

• Requires the use of a map from the Alcoholic Beverage Control Division to determine the legality of a sale in a particular location (Sec. 2).

• Authorizes the delivery of alcoholic beverages by a permit holder or a delivery driver contracted or employed by the permit holder, if (Sec. 2):

• The order is made by a consumer of 21 years of age or older; 

• The delivery location is within an area where the alcoholic beverage is legal; and

• The county in which the retailer is located is a wet area.

• Requires delivery permit holders and their employees to request and confirm identification for proof of age before delivery (Sec. 2).

• Authorizes deliveries of alcoholic beverages by third-party delivery permit holders and their employees outside of the retailer's hours of operation, if (Sec. 2):

• The individual receives the beverage from the retailer during the hours of operation; and

• The individual completes the delivery to the consumer within a reasonable amount of time after leaving the retailer’s premises.

• Specifies that a retailer’s responsibility to the time the retailer transfers possession of an alcoholic beverage to (Sec. 2):

• The holder of a third-party delivery permit; or

• Delivery driver employed by or contracted with a permit holder.

• Specifies that retailers are not responsible for the actions of third-party delivery permit holders and employees regarding (Sec. 2):

• Providing, selling, or serving alcoholic beverages to a minor or intoxicated individual; 

• Delivering alcoholic beverages in a dry or illegal area, unless the retailer contractually agreed to retain responsibility; or

• Any other provision of the law.

• Specifies that retailers are not required to verify whether third-party delivery permit holders and their employees received proper training (Sec. 2).

• Requires the Alcoholic Beverage Control Division to approve an applicant’s alcohol delivery training program before an issuance of a third-party delivery permit (Sec. 2).

• Requires alcohol delivery training to include (Sec. 2):

• Detecting noticeable signs of intoxication;

• Identifying valid in-state and out-of-state government issued identification; and 

• Training on wet and dry territories in Arkansas.

• Requires employees and independent contractors of third-party delivery permit holders to (Sec. 2):

• Complete approved training program before his or her first delivery; and

• Repeat the approved training program once every 12 months.

Full Bill Text