Home sales of alcohol deliver to the Legislature

### Delaware Could Allow Home Alcohol Delivery### Delaware Could Allow Home Alcohol Delivery Dover, Delaware – The Delaware General Assembly has passed a bill that would legalize the delivery of alcohol by restaurants and breweries through third-party suppliers. The bill, Senate Bill 166, is now awaiting Governor John Carney’s signature. If signed into law, Delaware would become the 33rd state to allow home delivery of alcohol. The bill would allow restaurants, breweries, and other venues with liquor licenses to use contractors to deliver alcoholic beverages to the homes of Delawareans. Third-party services like Doordash and Uber Eats could register with a license from the Office of Alcoholic Beverage Control Commissioner to deliver libations. The bill would prohibit already licensed establishments from serving alcohol on-site, eliminating the ability for a restaurant to use its own staff to handle deliveries. Businesses that primarily handle interstate shipments would also be prohibited from handling those deliveries. The Delaware Restaurant Association (DRA) was heavily involved in the development of SB 166 to prioritize customer safety and business liability. The law also requires that all contractors making these deliveries be 21 years old, complete a responsible delivery program, and learn how to detect false identification and overserving. “Restaurants take responsible alcohol safety seriously and are required by law to ensure that anyone who handles, sells, and serves alcoholic beverages is certified under an approved certification course,” said Carrie Leishman, president and CEO of the DRA. “Consumers of all ages are looking for flexibility and improved dining options, including take-away food and drinks, and this new law will be a win-win by providing additional options for both consumers and operators.” The bill has not been without its critics. Some have expressed concerns about the potential for increased underage drinking and drunk driving. Others have argued that the bill would hurt small businesses that cannot afford to pay the $1,000 biennial licensing fee. Despite these concerns, the bill passed both the House and Senate with overwhelming support. If Governor Carney signs the bill into law, it will take effect immediately.

Delaware could become the next state to allow home alcohol delivery if the governor signs the bill. | FILE PHOTO COURTESY UNSPLASHED/JON PARRY

DOVER – The Delaware General Assembly passed a bill that would legalize the delivery of alcohol by restaurants and breweries through third-party suppliers; it now awaits Governor John Carney’s decision.

Senate Bill 166, sponsored by Senator Jack Walsh (D-Newport), created new provisions to allow restaurants, breweries and other venues with liquor licenses to use contractors to deliver alcoholic beverages to the homes of Delawareans. For a fee of $1,000 every other year, third-party services like Doordash and Uber Eats can register with a license from the Office of Alcoholic Beverage Control Commissioner to deliver libations.

The bill would prohibit already licensed establishments from serving alcohol on-site, eliminating the ability for a restaurant to use its own staff to handle deliveries. Businesses that primarily handle interstate shipments would also be prohibited from handling those deliveries.

According to the state comptroller’s office, it is unknown how many of these companies are currently licensed in Delaware.

The state has a unique three-tiered distribution system, which requires producers – such as breweries and wineries – to sell their product to wholesalers, who in turn sell it to retailers. Delaware is one of the smallest states in the country and this system is intended as a quality control measure, but critics have also pointed out that it has limited the ability of beer and wine producers to sell directly to customers.

The six largest distributors in Delaware employ 414 people, manage a payroll of more than $40 million, pay nearly $37.7 million in federal, state and local taxes and are responsible for $208.7 million in total economic impact, according to a research from the University of Delaware from 2017.

Since the COVID-19 pandemic forced businesses to get creative in reaching customers, Delaware lawmakers have focused on easing restrictions on the state’s alcohol industry. That included legalizing take-away cocktails and other drinks by 2022.

The Delaware Restaurant Association (DRA) was heavily involved in the development of SB 166 this year with Walsh to prioritize customer safety and business liability. The law also requires that all contractors making these deliveries be 21 years old, complete a responsible delivery program and learn how to detect false identification and overserving.

“Restaurants take responsible alcohol safety seriously and are required by law to ensure that anyone who handles, sells and serves alcoholic beverages is certified under an approved certification course,” said Carrie Leishman, president and CEO of the DRA. “Consumers of all ages are looking for flexibility and improved dining options, including take-away food and drinks, and this new law will be a win-win by providing additional options for both consumers and operators.”

If Carney signs the bill, Delaware would become the 33rd state to allow home delivery of alcohol.