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SB254

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

Status:
Enacted

Chief Patron:
John Bell (D)

Session:
2022 Regular Session

Summary

As Passed House of Origin. 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 HB 426. (Less)
  • Bill History

  • 01/11/2022 - Senate: Prefiled and ordered printed; offered 01/12/22 22103941D
  • 01/11/2022 - Senate: Referred to Committee on Rehabilitation and Social Services
  • 01/18/2022 - Senate: Assigned Rehab sub: ABC
  • 01/27/2022 - Senate: Senate subcommittee amendments and substitutes offered
  • 01/28/2022 - Senate: Senate committee, floor amendments and substitutes offered
  • 01/28/2022 - Senate: Reported from Rehabilitation and Social Services with substitute (12-Y 2-N)
  • 01/28/2022 - Senate: Committee substitute printed 22104923D-S1
  • 01/31/2022 - Senate: Constitutional reading dispensed (38-Y 0-N)
  • 02/01/2022 - Senate: Read second time
  • 02/01/2022 - Senate: Reading of substitute waived
  • 02/01/2022 - Senate: Committee substitute agreed to 22104923D-S1
  • 02/01/2022 - Senate: Passed by for the day
  • 02/02/2022 - Senate: Passed by for the day
  • 02/03/2022 - Senate: Read second time
  • 02/03/2022 - Senate: Amendment by Senator Morrissey withdrawn
  • 02/03/2022 - Senate: Passed by for the day
  • 02/04/2022 - Senate: Read second time
  • 02/04/2022 - Senate: Engrossed by Senate - committee substitute SB254S1
  • 02/07/2022 - Senate: Read third time and passed Senate (35-Y 4-N)
  • 02/07/2022 - Senate: Reconsideration of passage agreed to by Senate (40-Y 0-N)
  • 02/07/2022 - Senate: Read third time and passed Senate (38-Y 2-N)
  • 02/11/2022 - Senate: Impact statement from DPB (SB254S1)
  • 02/21/2022 - House: Placed on Calendar
  • 02/21/2022 - House: Read first time
  • 02/21/2022 - House: Referred to Committee on General Laws
  • 02/22/2022 - House: Reported from General Laws (21-Y 1-N)
  • 02/24/2022 - House: Read second time
  • 02/25/2022 - House: Read third time
  • 02/25/2022 - House: Passed House (97-Y 1-N)
  • 02/25/2022 - House: VOTE: Passage (97-Y 1-N)
  • 03/01/2022 - Senate: Enrolled
  • 03/01/2022 - Senate: Bill text as passed Senate and House (SB254ER)
  • 03/01/2022 - Senate: Impact statement from DPB (SB254ER)
  • 03/01/2022 - House: Signed by Speaker
  • 03/02/2022 - Senate: Signed by President
  • 03/11/2022 - Senate: Enrolled Bill Communicated to Governor on March 11, 2022
  • 03/11/2022 - Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
  • 04/05/2022 - Governor: Approved by Governor-Chapter 78 (effective 7/1/22)
  • 04/05/2022 - Governor: Acts of Assembly Chapter text (CHAP0078)

Full text and vote history:

Virginia Legislative Information System

RichmondSunlight.com


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