2020 Alcohol Industry Legislative Update

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Legislative changes can have a major impact on your alcohol business. Read our comprehensive law update to learn more.

The first six months of this year have brought some of the most significant changes to legislation that the alcohol industry has seen in years. With all the changes, it can be a challenge to not only understand the new laws but form best practices to implement them where appropriate in your business. To help, we’ve compiled all the passed and pending updates to help retailers like you successfully navigate the rest of 2020!

Passed

State Bill Number Initiative    Effective Date
Alabama HB 460 Randolph County - To allow draft beer sales at on-premise locations and permit growler fills (up to 288 oz). 5/18/2020
Colorado SB 32 To allow LLDS (grocery) employees to be at least 18 years of age (currently 21) for the purposes of stocking and making a sale (may not deliver). 90-days after adjournment
Colorado SB 86 To allow the state to notify of license expiration in "any reasonable method" (currently requires first-class mail). Rule-making to follow. 9/14/2020
DC 23-0254 To allow caterers to purchase beer, wine, and spirits from internet retailers; To create a pub crawl license that is valid for three years; To allow a Class B grocery store to hold an on-premise license. 2/21/2020
Illinois HB 2682 To allow on-premise retailers to sell and deliver mixed beverages with take-out or delivery orders (third party deliveries not allowed). To be repealed 6/2/2021. 6/2/2020
Iowa HB 2540 To allow on-premise (Class C licensees) to sell wine, spirits, and mixed drinks for off-premise consumption (currently only beer may be sold for off-premise consumption); To allow a permit for charitable events (beer, wine, and spirits) to be held on an existing liquor licensed premises. 6/29/2020
Kansas HB 2016 To allow on-premise retailers to sell mixed drinks for take-out. To be repealed 1/26/2021. 6/9/2020
Kentucky HB 415 To allow out-of-state, off-premise retailers in other states to apply for a permit to ship beer, wine, and spirits to KY consumers; To allow KY breweries, wineries, distilleries, and package stores to sell and deliver direct to consumer; To allow package stores to buy from other package stores. 7/15/2020
Louisiana SB 178 To include all beer and wine for delivery to consumers (currently capped at beer and wine under 6% ABV); To expand "delivery to consumer" distance to 25 miles for parishes under 100,000 population (currently 10 miles); To expand third-party delivery employees to include 1099 workers (currently only includes W-2 employees); To allow third parties to pick and pack from "package house - Class B" inventory. 6/9/2020
Maine HB 1884 To allow "dual licenses" for on-and off-premise sales; No longer must accompany a "full meal", however, a full meal must be available; To repeal 8 pm cut-off for wine sales; To reduce the requirement to one 21+ aged employee on duty for wine sale (previously required two 21+ employees). 2/18/2020
Maryland HB 902

SB 765

To modify residency requirements only to require that applicants be a resident for the duration of the license period (currently must be a resident for one or two years before applying). 7/1/2020
Maryland SB 37 Anne Arundel County - To require, prior to each renewal, a sworn statement that food sales were 51% or greater in the previous 12 months. 7/1/2020
Maryland SB 69 Baltimore City - To allow liquor stores (A-7) to sell from 10 am to midnight (currently 9 am -10 pm); To require 24-hr high-definition video surveillance (interior and exterior) that is retained for seven days. 8/15/2020
Maryland HB 571

SB 238

Carroll County - To expand hours of service until 2 am (previously midnight and 1 am) for Class B, C, and D licenses, Monday-Saturday only. 7/1/2020
Maryland SB 215

HB 145

Frederick County - To remove quotas for on-premise beer and on-premise beer and wine licenses (currently one license per 4,000 people) 7/1/2020
Maryland HB 322 Frederick County - To permit beer, wine, and spirits consumption in a screening room or performance hall (currently limited to lobby only, 45 minutes in advance of movie time). 7/1/2020
Maryland SB 375

HB 864

Harford County - To create a "hotel lobby license" for alcohol sales (original container) in hotel gift shops where there is no restaurant on the premises. 7/1/2020
Maryland SB 385

HB 923

Harford County - To limit the number of movie theater licenses to five per person (currently no limit) and to increase the license fee to $1,000 (currently $500). 7/1/2020
Maryland HB 298 Montgomery County - To require that all containers of alcoholic beverages be removed from tables or bars at the end of permitted sale hours. 7/1/2020
Maryland HB 297 Montgomery County - To allow a catering permit for Class D permit holders. 7/1/2020
Maryland HB 467 Queen Anne's County - To repeal the requirement for "petition of support" (current law requires a petition of support from ten local residents or businesses). 7/1/2020
Maryland HB 288 Prince George's County - To require that a licensee or an appointed supervisor be trained in an "approved alcohol awareness" program and be on-site at all times that alcohol "may be" served. 7/1/2020
Michigan HB 5343 To allow microbrewers to wholesale to retailers so long as the microbrewery is not already party to a franchise agreement with the distributor in that territory, may not exceed 2,000 barrels (sales) per year to wholesalers and retailers combined, and may not use third-party delivery services or leased or borrowed vehicles. Immediately upon passage
Michigan SB 942 To allow on-premise retailers to purchase up to 120 liters of spirits, per year, from off-premise or "specially designated distributors" (currently capped at nine liters per month); To allow on-premise retailers to sell 2-for-1 drinks of beer, wine, or spirits. 7/1/2020
Michigan SB 938

HB 5811

To allow restaurants to sell beer, wine, spirits, and mixed beverages in containers no larger with one gallon with no straw hole for delivery, allowed by licensee or third party. Expires 12/31/25. 7/1/2020
Minnesota HB 4556 To allow the Department of Revenue to not enforce delinquency restrictions for late tax payments for retailers under an order of forced closure 4/16/2020
Mississippi HB 1087 To allow alcohol transportation and possession in all counties (currently illegal in 29 counties). Counties must still hold public ballot initiatives if they wish to retail alcohol; Retailers may transport beer, wine, and spirits so long as they purchased it in a wet territory and have the invoice on hand during transport. 1/1/2021
Mississippi HB 1088 To allow consumers to purchase wine from a winery and have it shipped to a local retail outlet (licensed package store) for pick up (max 10 cases per year). 1/1/2021
New York SB 2359 To require that a public notice (in neon) be posted at the entrance of the premises within ten days after filing the license application and/or renewal (previously, the neon color was not prescribed and the rule did not apply to renewals). 3/19/2020
New York SB 7186 To allow restaurant brewers to sell up to 250 barrels at wholesale to other retailers (previously must have gone through a wholesaler). 5/17/2020
Oklahoma SB 1928 To allow liquor stores to sell and deliver beer, wine, spirits to consumers, including curbside delivery (not including third-party delivery); To allow grocery stores, convenience stores, and restaurants to sell beer and wine to consumers for take-out or delivery (excluding third-party deliveries). Rulemaking is expected. 5/21/2020
South Dakota SB 146 To allow tribal ID cards for age-restricted purchases; must be issued by a South Dakota tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the legal name, date of birth, signature, and a picture of the enrolled tribal member. 7/1/2020
Tennessee HB 2028

SB 2487

To allow beer retailers to accept online orders for beer and permit curbside delivery at the licensed premises. 6/22/2020
Utah HB 5004 To allow 13 on-premise licenses at international airports (currently capped at one license for every 1,750,000 passengers annually). 6/25/2020
Virginia HB 390 To allow curbside pick-up of beer and wine at off-premise retail locations; To allow an increase in license fees. 7/1/2020
Virginia SB 395 To repeal the one-year residency requirement for retailers. 7/1/2020
Virginia SB 497 To allow private clubs with restaurants to sell 50 mls for on-premise consumption. 7/1/2020
Virginia SB 447

SB 389

To consolidate license types; To allow on-premise retailers to provide spirits samples in the form of a mixed drink, and to clarify maximum sample portions: beer 12 oz max, wine 5 oz max, spirits 3 oz, per person/day (currently capped at "two product samples"). 7/1/2020
West Virginia HB 4524 To convert the 13 existing dry jurisdictions to "wet", for off-premise beer, wine, and spirits ("local option" to revert to dry could be accomplished by referendum). 7/1/2020
West Virginia SB 610 To remove the two-year residency requirements for licensees; Adds a requirement that a manager, who will be on-premises, must be listed on the license application (must be a US citizen or naturalized). 7/1/2020
Wyoming HB 5 To allow digital IDs defined as an electronic representation of a physical driver's license that is stored on the driver's portable electronic device. 7/1/2020

Pending

State Bill Number Initiative    Effective Date
Colorado SB 213 To allow on-premise retailers to sell and deliver beer (72 oz), wine (750 ml), spirits (750 ml) to consumers (no more than 50% of gross sales) until 7/1/21; Must use own employees and employees must be server trained. Upon signing by the Governor
Colorado SB 110 To increase the penalty cap to $100,000 (from $5,000) 8/5/2020
Georgia HB 879 To allow grocery store, convenience store, liquor store, and restaurants to deliver beer and wine to consumers, may use own employees or third party. Upon signing by the Governor
Hawaii SR 142

SCR 236

To urge all counties to ban on-premises consumption of alcohol between 12 am - 6 am (on-premise currently allows until 2 am and 4 am in some venues).
Hawaii HB 1172 (Carried over from 2019) To remove the requirement for product-specific tap handles and to limit a single serving of beer to 32 oz in front of a person at one time. 7/1/2020
Maryland HB 39 Queen Anne's County - To eliminate the restriction on distance from places of worship (currently 500 feet). 7/1/2020
Massachusetts HB 345 (Carried over from 2019) To allow off-premises retailers to offer coupons for beer, wine, and spirits (not to allow sales below cost).
Michigan HB 5906 To allow off-premise to sell beer, wine, and spirits via a drive-thru window; To allow on-premise to sell beer, wine, and spirits for off-premises consumption.
Michigan SB 934 To allow in or out of state small distillers to sell and ship directly to retailers (max 1,500 9-liter cases) using their own vehicles; To also allow the same quantity of deliveries to consumers.
Michigan SB 939 To allow local option designation of social districts and common consumption areas.
Michigan HB 5579

SB 819

To create a permit for "licensed qualified out-of-state-retailers" to sell and ship wine to MI consumers.
Michigan HB 5410 To eliminate minimum mark-up on spirits.
Michigan HB 5544 To allow automated self-pour dispensing machines at on-premises locations for beer and wine.
Mississippi SB 2596 To create license suspension penalties for service to minors (would be in addition to the currently enforced fines) 7/1/2020
Mississippi HB 1314

SB 2744

To allow "tribal identification cards" as a means of identification, and to change the requirements for ID to "any apparently valid identification card" (currently, "an apparently valid Mississippi driver’s license").
Nebraska LB 1163 To allow a retailer to transport and temporarily store alcohol for up to 24 hours at another licensed and similarly owned premises for consumer pick-up.
Nebraska LB 1090 To allow cities and counties to report tax and fee delinquency to the Liquor Control Board, to allow the LCB to post the delinquency on their website, and to prevent wholesalers from delivering to such tax and fee delinquent retailers.
New Jersey SB 2630 To require liability insurers to reimburse licensees if annual alcohol sales fall below projections. Immediately upon passage
New Jersey AB 201 To expand distance from churches and child care facilities to 1,000 feet (currently 200 feet); provides a grandfather clause for existing locations. Immediately upon passage
New Jersey SB 1466

AB 1264

To increase the max number of retail grocery licenses held by one person to five (current max is two licenses), after five years they may acquire two more (totaling seven licenses), after ten years they may acquire three more (totaling ten licenses). Immediately upon passage
Ohio HB 160 (Carried over from 2019) To allow delivery of boozy ice cream and to allow sales to alcohol retailers.
Ohio SB 115 (Carried over from 2019) To repeal the law allowing parents to provide drinks to minor children (on-premises) and to prohibit minors from entering establishments where alcohol sales account for more than 60% of gross receipts.
Ohio HB 666

HB 669

To allow Class D permit holders (restaurant, bar, and private clubs) to sell beer, wine, spirits and mixed beverages for delivery to consumers; To allow Class D permits to provide outdoor consumption areas that include parking lots and adjacents spaces; To allow a registered "food delivery service" to deliver alcohol for a Class C and Class D permit holders. Upon signing by the Governor
Pennsylvania HB 2547 To privatize wine and spirits (27 sponsors).
Pennsylvania HB 2526 To allow the state to accept bids for an online vendor (to facilitate online ordering and delivery). No clarification as to retail or wholesale. 60 days after signing by the Governor
Pennsylvania HB 2218 To allow state stores to sell liquor to beer distributors (retailers) and beer wholesalers; To allow "wine expanded permits" to be issued to beer distributors (retailers) and beer wholesalers. 60 days after signing by the Governor
Pennsylvania HB 2406

SB 1176

To permit leniency with alcohol storage and cash register usage for "wine expended" permits and to allow employees under the age of 18 to operate cash registers as long as they obtain assistance for alcohol transactions. 60 days after signing by the Governor
Pennsylvania SB 1089 To repeal the prohibition against "adulterated" ice cream. 60 days after signing by the Governor
Pennsylvania HB 1279 (Carried over from 2019) To increase "wine expanded" privileges to 12 bottles per transaction (currently limited to four bottles per transaction). 60 days after signing by the Governor
Pennsylvania HB 1993 To prohibit beer "distributors" from retailing frozen drinks (unless packaged exactly as such by manufacturer); To allow wine delivery to consumers by the retailer or a third party. 60 days after signing by the Governor
Rhode Island SB 2645 To exempt off-premise beer sales from sales and use tax. Upon passing
South Carolina SB 342 To require server and manager training (on-premise).
Vermont HB 563 To create a definition for low-alcohol spirits as spirits cocktails containing 16% ABV or lower. 7/1/2020
Vermont HB 956 To allow municipalities to assess a $50 fee on third-class licenses (on-premise beer, wine, and spirits); To allow all permits and licenses to expire one year after issue (currently, all expire on April 30); To repeal the required notification to the state for tastings held at on-premises locations (currently requires a two-day notification to the state). Upon signing by the Governor

Have questions about the legislation above or want to learn more about laws in your state? Contact Fintech Director of Regulatory Affairs, Wendy Turk at wturk@fintech.com.

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