House Bill 3575 passed the House of Representatives and the Senate Judiciary Committee. Under the bill, some businesses could offer beer and wine delivery or pick-up services. The committee also voted in favor of a bill that would allow residents of the state to order beer and wine at home. During the COVID-19 pandemic, U.S. states [2] have become aware of the need to revise their liquor distribution laws. While the rest of the economy has made a smooth transition to a supply-based market – Americans have everything from cars[3] to pharmaceuticals[4] delivered to their doorstep – alcohol has been largely left out. South Carolina is currently the only state[1] in the southern United States that does not allow grocery stores to provide alcohol, meaning it runs the risk of being left behind by its neighbors. But there is hope. “I don`t think we`ve thought about it. What if you know that the leading cause of death in this state is not fentanyl, heroin or opioids. It`s alcohol. It`s the most dangerous drug out there and we just put it in the popsicles a child can have,” said Sen.
Dick Harpootlian (D-Richland). Holders of a North Carolina ABC retail license pursuant to NCGS § 18B-1001(1), (3), and (5) may sell beer, unfortified wine, and fortified wine for indoor and outdoor consumption. This means that even an on-site retail license holder in North Carolina ABC, such as a restaurant, can sell alcohol for off-site consumption. Subsections 18B-1001(1) to (6) authorize beer and wine licences to ship beer and wine in closed containers to individual purchasers, both inside and outside business premises. The main requirement under the rules is that “all licensed activities” must take place at an ABC-approved site in North Carolina (NCGS § 18B-904(a)). For the purposes of delivery, this means that the sale of alcohol must take place on the licensed premises, but does not require the order to be made by someone personally on site. A 1988 ABC Commission memorandum states that “it is the Commission`s established policy that once a sale has taken place at the retailer`s premises, the retailer may deliver the alcoholic beverage to the customer.” In recent years, the EAC Commission has relied on this memorandum to facilitate the supply of alcohol to their customers by retail licensees, but there are no rules or laws that expressly authorize, prohibit or regulate the distribution of alcohol. This is hardly different from identity checks in physical stores or restaurants.
This year alone, stabbing surgeries in South Carolina have revealed violations of underage alcohol sales [15] at many restaurants in the state, underscoring that verifying the age of liquor buyers is an issue that doesn`t just happen in the context of delivery. Since last year, the state legislature has been considering a bill [12] that would allow the supply of alcohol to grocery stores. Under the law, stores could deliver beer and wine through third-party delivery services. The convenience of delivery is a hot topic for all retailers across the country. Just a year or two ago, next-day delivery was possible, but the cost was prohibitive. Now, same-day delivery of food, clothing, and even alcohol is demanded not only by the public, but also by a readily available, efficient and economical option. The supply of alcohol by North Carolina ABC retail license holders is currently a hot topic in North Carolina. Businesses with retail licenses regularly call Nexsen Pruet`s liquor licensing team to ask if they can provide alcohol with their current North Carolina ABC licenses. Other foreign companies regularly ask how delivery works to weigh the pros and cons before deciding to move their operations to North Carolina. Earlier this year, the ABC Commission established a task force focused on this particular issue, particularly the supply of beer and wine.
Currently, the supply of spirits is prohibited in North Carolina and the supply of spirits is not the focus of the current Procurement Task Force. The working group is comprised of individuals from all sectors of the alcohol industry, i.e. lawyers, wholesaler, distributor and retail representatives, LEA officers, ABS Commission staff and community groups. In recent months, presentations have been made on underage drinking and how delivery can increase the risk of underage sales, the difficulty for FTA officials to monitor and track the sale of alcohol to minors during delivery, and how current age verification procedures have been non-existent or ineffective. Commission ABC allowed all interested parties to attend the meetings of the working groups and to listen to their presentations and round tables. Commission ABC also gave the audience the opportunity to ask questions of the task force or to make comments and recommendations. The audience consisted of breweries, vendors, wine carriers, third-party delivery companies (such as Fed-Ex) and third-party vendors who currently provide liquor for retail licences. After attending Task Force meetings, it became clear that the Task Force needs to address two overarching delivery concerns: 1) implementing delivery procedures that do not violate existing North Carolina alcohol rules and laws, and 2) arguably the most important way to ensure that an increase in alcohol supply is not accompanied by an increase. of sales of minors and consumption of alcohol must be assimilated to minors. Yes, Greenville, SC customers must be at least 21 years of age to order alcoholic beverages and present government-issued photo identification showing their date of birth at the time of delivery or pickup. In most cases, same-day delivery is made, but delivery times depend on the stores themselves and other variables such as time of day, order volume, and traffic conditions. Despite this wave of reform, South Carolina was a single resistant.
Today, all southern states of the United States [10] allow grocery stores to deliver alcohol to their customers` homes, with the exception of South Carolina. Beyond the South, more than 40 states [11] – including those as politically diverse as California and Texas – allow the delivery of alcohol to grocery stores, further underscoring the aberrant status of the Palmetto State. Instead of leaving the alcohol tax in a legal limbo — and in a potentially unregulated status quo — lawmakers would be well advised to tackle the problem by passing laws to introduce rules on alcohol taxation. In fact, the Attorney General`s Office specifically implored the state legislature to take up the matter to provide clarification in response to this uncertainty. The fate of the legislation is important given the current confusion in state law as to whether the supply of alcohol is really illegal.