SALE OR DELIVERY FOR OFF-PREMISES CONSUMPTION

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THIS SUBSECTION APPLIES ONLY TO A LICENSE THAT AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES FOR ON–PREMISES CONSUMPTION ONLY AT A RESTAURANT, BAR, OR TAVERN THAT SELLS OR SERVES PREPARED FOOD OTHER THAN PREPACKAGED SNACKS. 

 

LICENSE HOLDER UNDER THIS SUBSECTION MAY SELL ANY ALCOHOLIC BEVERAGES AUTHORIZED UNDER ITS LICENSE, INCLUDING, IF AUTHORIZED, A MIXED DRINK OR COCKTAIL, IN A SEALED OR CLOSED CONTAINER MIXED DRINKS OR COCKTAILS IN SEALED OR CLOSED CONTAINERS FOR OFF–PREMISES CONSUMPTION OR DELIVERY IF: THE ALCOHOLIC BEVERAGE IS PURCHASED ALONG WITH PREPARED FOOD OTHER THAN PREPACKAGED SNACKS;

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THE INDIVIDUAL PURCHASING THE ALCOHOLIC BEVERAGE: IS AT LEAST 21 YEARS OF AGE;  PROVIDES VALID IDENTIFICATION AS PROOF OF AGE; IF THE SALE IS FOR DELIVERY, PROVIDES ANY DOCUMENTATION THAT THE LOCAL LICENSING BOARD REQUIRES; THE LICENSE HOLDER HAS REGISTERED AND RECEIVED  WRITTEN AUTHORIZATION FROM THE LOCAL LIQUOR LICENSING BOARD TO SELL  ALCOHOLIC BEVERAGES AUTHORIZED UNDER ITS LICENSE FOR OFF–PREMISES  CONSUMPTION OR DELIVERY; 

EACH ALCOHOLIC BEVERAGE SOLD FOR OFF–PREMISES  CONSUMPTION OR DELIVERY IS: PROVIDED IN THE MANUFACTURER’S ORIGINAL SEALED CONTAINER OR IN A CONTAINER CLOSED WITH A CAP, CORK, SEAL, OR LID  WITH NO HOLES FOR STRAWS OR SIPPING; AND SOLD OR DELIVERED NOT LATER THAN 11 P.M.; 

 

THE DELIVERY OF AN ALCOHOLIC BEVERAGE IS MADE FROM THE LICENSED PREMISES BY THE LICENSE HOLDER OR THE HOLDER’S EMPLOYEE TO THE INDIVIDUAL PURCHASING THE ALCOHOLIC BEVERAGE; AND  THE DELIVERY OF AN ALCOHOLIC BEVERAGE IS MADE FROM THE LICENSED PREMISES TO THE INDIVIDUAL PURCHASING THE ALCOHOLIC  BEVERAGE BY THE LICENSE HOLDER OR THE LICENSE HOLDER’S EMPLOYEE, WHO IS AT LEAST 21 YEARS OLD AND CERTIFIED IN AN ALCOHOL AWARENESS PROGRAM; THE ALCOHOLIC BEVERAGE IS NOT DELIVERED TO:  ANOTHER PREMISES LICENSED TO SELL ALCOHOLIC  BEVERAGES; OR AN ADDRESS LOCATED OUTSIDE OF THE LICENSED JURISDICTION. 

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A LOCAL LICENSING BOARD:  MAY NOT CHARGE A LICENSE HOLDER AN ADDITIONAL FEE FOR SELLING OR DELIVERING ALCOHOLIC BEVERAGES IN ACCORDANCE WITH THIS  SECTION; AND 
MAY LIMIT THE QUANTITY OF ALCOHOLIC BEVERAGES THAT MAY BE SOLD OR DELIVERED UNDER THIS SECTION TO AN INDIVIDUAL IN A SINGLE TRANSACTION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 2021. It shall remain effective for a period of 2 years and, at the end of June 30, 2023, this Act, with no further action required by the General Assembly, shall be abrogated and of no further force and effect. 

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