VA HB426 | 2022 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 2-0)
Status: Passed on April 5 2022 - 100% progression
Action: 2022-04-05 - Governor: Acts of Assembly Chapter text (CHAP0079)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 2-0)
Status: Passed on April 5 2022 - 100% progression
Action: 2022-04-05 - Governor: Acts of Assembly Chapter text (CHAP0079)
Text: Latest bill text (Chaptered) [HTML]
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.
Title
Alcoholic beverage control; delivery of alcoholic beverages, third-party delivery license.
Sponsors
| Del. David Bulova [D] | Del. Betsy Carr [D] |
Roll Calls
2022-02-22 - Senate - Senate: Passed Senate (37-Y 3-N) (Y: 37 N: 3 NV: 0 Abs: 0) [PASS]
2022-02-21 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2022-02-18 - Senate - Senate: Reported from Rehabilitation and Social Services (12-Y 1-N) (Y: 12 N: 1 NV: 0 Abs: 0) [PASS]
2022-02-02 - House - House: VOTE: Passage (94-Y 3-N) (Y: 94 N: 3 NV: 0 Abs: 3) [PASS]
2022-01-27 - House - House: Reported from General Laws with substitute (21-Y 1-N) (Y: 21 N: 1 NV: 0 Abs: 0) [PASS]
2022-01-25 - House - House: Subcommittee recommends reporting with substitute (7-Y 1-N) (Y: 7 N: 1 NV: 0 Abs: 0) [PASS]
2022-02-21 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2022-02-18 - Senate - Senate: Reported from Rehabilitation and Social Services (12-Y 1-N) (Y: 12 N: 1 NV: 0 Abs: 0) [PASS]
2022-02-02 - House - House: VOTE: Passage (94-Y 3-N) (Y: 94 N: 3 NV: 0 Abs: 3) [PASS]
2022-01-27 - House - House: Reported from General Laws with substitute (21-Y 1-N) (Y: 21 N: 1 NV: 0 Abs: 0) [PASS]
2022-01-25 - House - House: Subcommittee recommends reporting with substitute (7-Y 1-N) (Y: 7 N: 1 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2022-04-05 | Governor: Acts of Assembly Chapter text (CHAP0079) | |
| 2022-04-05 | Governor: Approved by Governor-Chapter 79 (effective 7/1/22) | |
| 2022-03-09 | Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022 | |
| 2022-03-09 | House | Enrolled Bill communicated to Governor on March 9, 2022 |
| 2022-02-25 | Senate | Signed by President |
| 2022-02-25 | House | Signed by Speaker |
| 2022-02-24 | House | Bill text as passed House and Senate (HB426ER) |
| 2022-02-24 | House | Enrolled |
| 2022-02-22 | Senate | Passed Senate (37-Y 3-N) |
| 2022-02-22 | Senate | Read third time |
| 2022-02-21 | Senate | Constitutional reading dispensed (39-Y 0-N) |
| 2022-02-18 | Senate | Reported from Rehabilitation and Social Services (12-Y 1-N) |
| 2022-02-03 | Senate | Referred to Committee on Rehabilitation and Social Services |
| 2022-02-03 | Senate | Constitutional reading dispensed |
| 2022-02-02 | House | VOTE: Passage (94-Y 3-N) |
| 2022-02-02 | House | Read third time and passed House (94-Y 3-N) |
| 2022-02-01 | House | Engrossed by House - committee substitute HB426H1 |
| 2022-02-01 | House | Committee substitute agreed to 22105395D-H1 |
| 2022-02-01 | House | Read second time |
| 2022-01-31 | House | Read first time |
| 2022-01-27 | House | Committee substitute printed 22105395D-H1 |
| 2022-01-27 | House | Reported from General Laws with substitute (21-Y 1-N) |
| 2022-01-25 | House | Subcommittee recommends reporting with substitute (7-Y 1-N) |
| 2022-01-24 | House | Assigned GL sub: Subcommittee #3 |
| 2022-01-11 | House | Referred to Committee on General Laws |
| 2022-01-11 | House | Prefiled and ordered printed; offered 01/12/22 22101245D |
Same As/Similar To
SB254 (Same As) 2022-04-05 - Governor: Acts of Assembly Chapter text (CHAP0078)
SB254 (Same As) 2022-04-05 - Governor: Acts of Assembly Chapter text (CHAP0078)
SB254 (Same As) 2022-04-05 - Governor: Acts of Assembly Chapter text (CHAP0078)
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 18 | 2 | 323.1 | (n/a) | See Bill Text |
| 4 | 1 | 204 | (n/a) | See Bill Text |
| 4 | 1 | 206.3 | (n/a) | See Bill Text |
| 4 | 1 | 212.1 | (n/a) | See Bill Text |
| 4 | 1 | 212.2 | (n/a) | See Bill Text |
| 4 | 1 | 230 | (n/a) | See Bill Text |
| 4 | 1 | 231.1 | (n/a) | See Bill Text |
