Delivery Personnel Information

The delivery driver must have a valid driver's license and be at least 21 years old, vehicle inspection and vehicle registration to deliver alcoholic beverages. 

How can a delivery driver transport alcohol in their vehicle to remain in compliance with the open container law?
The alcohol must be transported in the trunk of the vehicle or if there is no trunk, in an area of the vehicle that the driver cannot access while driving.

How does a delivery driver deliver a partial order (food only) and what should be done with alcohol if undeliverable?
Undeliverable alcohol should be returned to the restaurant/seller/licensee.

Who is liable if alcohol is delivered to an underage or intoxicated customer?
The individual who makes an illegal sale may be criminally responsible and therefore may be arrested. A conviction of the offense may result in a fine, jail time or both.

How can a delivery driver identify if a customer is underage?
Carefully examine the ID and compare the person to the picture and information on the ID.

How can a delivery driver identify if a customer is intoxicated?
Warning signs when identifying intoxicated persons may include but are not limited to:

• Slurred speech
• Inability to answer simple question or keep a train of thought
• Clumsy actions
• Difficulty in fine motor skills
• Red, bloodshot or watery eyes
• Being overly loud or friendly or overly quiet and subdued
• Delayed reaction time

If someone exhibits one or more of these signs, consider not delivering the alcohol portion of their order.

What are the consequences of delivery to underage or intoxicated person?
The individual who makes an illegal sale may be criminally responsible, and therefore, may be arrested. A conviction of the offense may result in a fine, jail time or both. The business is administratively responsible and may be issued an administrative written violation report that could result in the suspension or revocation of the ABC license, as well as a monetary penalty.

How do I properly check ID?
F-L-A-G is a simple way to remember how to properly check ID:
F—Feel

• Have the customer remove the ID from their wallet or plastic holder. You may see another ID in their wallet.
• Feel for raised edges, glue lines or bumpy surfaces by the photo or birth date. Uneven surfaces often indicate tampering. Feel for cut-out or pasted information.
• Check the thickness of the ID. Check to see if it was re-laminated after changing some of the information.

• Photograph: Does it look like the person in front of you? Hairstyles and makeup can change, so focus your attention on the person's eyes, nose and chin. When checking men with beards or mustaches, cover the facial hair portion of the photo and concentrate on the eyes, nose or ears.
• Height: Do they reasonably match the person?
• State seal: Is it on the ID and is it in the correct place?
• Date of birth: Is the person old enough? Figure the math or look at the "Under 21 Until" portion of the ID.
• Age on ID vs. appearance: Does the person in front of you match the age on the ID?
• Expiration date: Is the ID expired? Expired IDs are unacceptable.

• Ask for their middle name, zodiac sign or year of high school graduation. If someone must think about their sign or when they graduated, the ID may be false.
• Ask the birth month. If the person responds with a number rather than the name of the month, they may be lying.
• If the customer is with a companion, ask the companion to quickly tell you the customer's name. Any hesitation may indicate deception.
• Ask the customer to sign their name and then compare the signatures to the ID. Sometimes if the ID is false, the customer will sign their true name, rather than the one on the ID.

• Give the ID back to the customer and make the sale if the ID is valid.
• If the ID is fake or altered, you must return the ID.

What does a fake ID look like, and what should you do if you are presented with one?
Fake identification can take various forms, including:

• False ID: manufactured or computer generated
• Altered ID: valid identification that is altered to change critical information
• Borrowed ID: valid identification used by another person
• Deny the sale when presented a fake ID and return the ID to the presenter.

How do I check an ID when a customer is wearing a mask?
When checking identification for an individual wearing a mask, please follow these steps:

• Check the ID for authenticity and date of birth as you normally would.
• Compare physical features of the individual, such as hairline, shape and position of ears and eyes.
• Ask the individual to step back and lower their mask to ensure proper identification.

• Remain calm 
• Be friendly
• Identify the rule broken 
• Act – Return the alcoholic beverage to the licensee

• Document the encounter or any suspicious activity 
• Notify the licensee
• Contact the local Sheriff's office or Police department 
• Contact your local Virginia ABC agent 

Updated December 2021