16-4-115. Beer and wine licenses for off-premises consumption -- third-party delivery -- own delivery for grocery stores. (1) A retail license to sell beer or table wine, or both, in the original packages for off-premises consumption may be issued only to individuals or entities qualified for licensure under 16-4-401. If the premises proposed for licensing are operated in conjunction with another business, that business must be a grocery store or drugstore licensed as a pharmacy. The number of licenses that the department may issue is not limited by the provisions of 16-4-105 but must be determined by the department in the exercise of its sound discretion, and the department may in the exercise of its sound discretion grant or deny an application for any license or suspend or revoke any license for cause.

(2) On receipt of a completed application for a license under this section, accompanied by the necessary license fee as provided in 16-4-501, the department shall request that the department of justice make a background investigation of all matters relating to the application.

(3) Based on the results of the investigation or in exercising its sound discretion as provided in subsection (1), the department shall determine whether:

(a) the applicant is qualified to receive a license;

(b) the applicant's premises are suitable for the carrying on of the business; and

(c) the requirements of this code and the rules promulgated by the department are met and complied with.

(4) License applications submitted under this section are not subject to the provisions of 16-4-203 and 16-4-207.

(5) A license issued under this section may offer curbside pickup between 8 a.m. and 2 a.m. in original packaging.

(6) An off-premises retail licensee may use a third-party delivery licensee to deliver beer and table wine as provided in 16-4-307.

(7) (a) A retail licensee who qualifies for licensure under 16-4-401 as an off-premises retail licensee that operates in conjunction with a grocery store or drugstore licensed as a pharmacy with a license to sell beer and table wine in original packaging may apply to the department and pay a fee for an endorsement to deliver beer and table wine in original packaging. Deliveries under this subsection (7) may be made only to a residential or commercial address. An off-premises retail licensee under this section may only deliver beer or table wine through drivers who:

(i) are an employee of the licensee or an independent contractor of the retail licensee;

(ii) are at least 21 years of age;

(iii) have a valid driver's license for delivery through a motor vehicle or a valid driver's license or a state-issued identification for delivery through bicycle or other means not a motor vehicle;

(iv) have not been convicted of a felony, unless the driver's rights have been restored, or a driving under the influence offense in the past 7 years; and

(v) have completed a responsible server and sales training program or a delivery training program under Title 16, chapter 4, part 10, prior to their first alcohol delivery.

(b) Any beer or table wine sold by the off-premises retail licensee for delivery must be removed from the off-premises retail licensee's licensed premises only during the hours in which the off-premises retail licensee is permitted to sell alcoholic beverages. The delivery must be completed within an hour after the time that the off-premises retail licensee is required to end sales of alcoholic beverages.

(c) Any beer or table wine unable to be delivered for any reason must be returned to the licensed premises of the off-premises retail licensee that sold the beer or table wine. The driver shall return the beer or table wine to the off-premises retail licensee prior to or at the end of the delivery route, unless the off-premises retail licensee is closed at the time of return, in which case the driver shall return the beer or table wine as soon as practicable. The third-party delivery licensee shall document and maintain a record of the delivery attempt. Drivers may not be compensated based on whether a delivery of beer or table wine results in a completed delivery transaction.

(d) The person to whom the delivery is made must be at least 21 years of age. The driver shall use an identification scanning software technology or an alternative approved by the department to verify the age of the recipient at the time of delivery.

(e) Deliveries may not be made to anyone who is apparently or obviously intoxicated.

(f) The outer packaging containing the beer or table wine being delivered must clearly indicate that the package contains an alcoholic beverage, unless one of the following conditions is met:

(i) the person delivering the order has personally retrieved and bagged or otherwise packaged the beer or table wine for delivery; or

(ii) the driver is notified through electronic or other means that the delivery order contains alcohol and that the recipient must be 21 years of age or older.

(g) Beer or table wine intended for delivery by a motor vehicle must be transported in the rear of the motor vehicle and may not be within the immediate arm's length of the driver or within a separate cargo area.

(h) Beer or table wine intended for delivery by bicycle must be in a closed compartment or otherwise out of reach of the bicycle operator.

(i) A off-premises retail licensee under this section may not deliver or facilitate delivery of beer or table wine to the following locations:

(i) a business licensed to sell alcoholic beverages at retail, with the exception of delivery to individual guest rooms of a lodging facility that is also licensed to sell alcoholic beverages at retail;

(ii) a location within the campus of an institution of higher education; or

(iii) a property that does not have a permanent address that includes a street name and number.

(j) An off-premises retail licensee under this section that delivers or facilitates the delivery of beer or table wine shall maintain books and records reflecting the date, time, address, and recipient of the alcohol delivery for each delivery, the name and address of the person making the delivery, and the name and business address of the off-premises retail licensee selling the alcoholic beverage. Records must be maintained in either hard copy or electronic format for 3 years. Off-premises retail licensees shall make these books and records available to the department and its investigators on reasonable notice from the department.