HB 426 Virginia House of Delegates · 2022 Regular Session

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

Summary
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.
Bill status signed all 5 stages cleared
Introduction
Jan 2022
Committee Review
Feb 2022
House of Delegates Passage
Feb 2022
Senate Passage
Feb 2022
Signed into Law
Apr 2022
Introduced Jan 11, 2022 Signed Apr 5, 2022
Floor votes · Senate Feb 22, 2022 · House of Delegates Feb 2, 2022

How they voted

37–3
Passed
Total votes 40
Feb 22, 2022
D Democratic21
20 Yea 1 Nay
95% Yea
R Republican19
17 Yea 2 Nay
89% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
10
Committee
10
Apr 5, 2022
Signed into law
Approved by Governor-Chapter 79 (effective 7/1/22)
executive
Feb 22, 2022
Upper · Passed
Passed Senate (37-Y 3-N)
upper
Feb 18, 2022
Upper · Passed
Reported from Rehabilitation and Social Services (12-Y 1-N)
upper
Feb 3, 2022
Committee
Referred to Committee on Rehabilitation and Social Services
upper
Feb 2, 2022
Lower · Passed
Read third time and passed House (94-Y 3-N)
lower
Feb 1, 2022
Lower · Passed
Engrossed by House - committee substitute HB426H1
lower
Feb 1, 2022
Lower · Passed
Committee substitute agreed to 22105395D-H1
lower
Jan 27, 2022
Lower · Passed
Reported from General Laws with substitute (21-Y 1-N)
lower
Jan 27, 2022
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Jan 25, 2022
Lower · Passed
Subcommittee recommends reporting with substitute (7-Y 1-N)
lower
Jan 25, 2022
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 24, 2022
Committee
Assigned GL sub: Subcommittee #3
lower
Jan 11, 2022
Committee
Referred to Committee on General Laws
lower
Jan 11, 2022
Introduced
Prefiled and ordered printed; offered 01/12/22 22101245D
lower
1 primary · 1 co-sponsor

Sponsors