Third-Party Delivery Licensee Guidelines

How did the third-party delivery license originate?

The third-party delivery license is the result of a stakeholder study group that met during the summer of 2021 to address safety concerns about the new alcohol delivery service. The license and its requirements are reflective of the collaborative effort to protect public safety and health. The study group provided a report to the General Assembly, which then passed legislation creating the third-party delivery license to ensure the safe delivery of alcohol.

Why do I need a third-party delivery license?

A third-party delivery license is required by law and has been created to ensure safe delivery of alcoholic beverages ordered from businesses which have alcohol delivery privileges. Except as otherwise permitted under § 4.1-212.1, no one may provide alcoholic beverage delivery services in the commonwealth unless they hold a third-party delivery license and are registered with the State Corporation Commission.

How do I apply for a third-party delivery license?

Information regarding applying for a license can be found here.

What are the license fees for a third-party delivery license?

The fee is $2,500 for licensees that have no more than 25 delivery personnel, including employees, agents, and independent contractors that engage in direct-to-consumer alcoholic beverage delivery. The fee is $7,500 for licensees who don’t meet this standard.

Who are considered “delivery personnel”?

Va. Code Section 4.1-212.2 defines “delivery personnel" as any employee, agent, or independent contractor of the third-party delivery licensee that engages in direct-to-consumer alcoholic beverage delivery on behalf of the third-party delivery licensee.

What are some of the delivery personnel requirements?

Third-party delivery licensees must provide to Virginia ABC, at the time of application and annually every year after that written certification that all delivery personnel meet the following requirements:

• prior to delivering alcoholic beverages and annually thereafter, they have completed and passed with a score of no less than 80 %, an ABC-approved public safety course;
• are 21 years of age or older;
• have a valid driver's license, vehicle inspection and vehicle registration;
• within the last seven years, they have not been convicted of any of the following offenses under Virginia law or a substantially similar ordinance or law in any other jurisdiction: driving under the influence in violation of § 18.2-266 or 46.2-341.24 or a violation of § 4.1-304, 18.2-36.1, 18.2-51.4, 18.2-95, 18.2-357.1, or 46.2-894;
• within the last three years, they have not been convicted of more than three vehicle moving violations; and
• are not required to register with the Sex Offender and Crimes Against Minors Registry pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 or listed on the U.S. Department of Justice's National Sex Offender Public Website.
• In addition to these application requirements, third-party delivery licensees must provide written certification at the time of application and annually that the third-party delivery licensee is in compliance with all applicable requirements found in Article 2 (§ 46.2-2141 et seq.) of Chapter 21 of Title 46.2. Upon request, third-party delivery licensees must also provide ABC with a copy of any contracts entered into by the licensee with anyone offering alcoholic beverages for delivery.

Where can I find more information regarding ABC-approved public safety courses?

Information regarding ABC-approved public safety courses may be found here.

What are the penalties for violations under the third-party delivery license?

Any person who violates the provisions of § 4.1-212.2 shall be required to pay $2,500 for a first violation and $5,000 for any second or subsequent violation. The penalties provided under this subsection may be imposed in addition to or without imposing any other penalties or actions provided by law.

What are the records requirements for a third-party delivery license?

Every licensee that is authorized to make deliveries must keep complete, accurate and separate records for at least two years.