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Committee considers allowing beer and wine delivery by third‑party platforms and store employees
Summary
House Bill 211 would permit off‑premise retailers (grocery stores and pharmacies) to have beer and table wine delivered to consumers either by licensed third‑party delivery companies or by the retailers’ own employees, subject to age verification, training, packaging, recordkeeping and licensing requirements.
Representative Katie Zolnikov presented House Bill 211 to the Senate Business and Labor Committee, proposing a new third‑party delivery license and rules for off‑premise beer and wine delivery.
Under the bill’s provisions, only off‑premise licensees (for example grocery stores and pharmacies) may sell beer and table wine for delivery. Delivery may be performed by a licensed third‑party delivery licensee or by an employee of the licensee; drivers must be at least 21, must complete a responsible‑server training, and must verify age using approved ID‑scanning technology or an approved alternative.
Representative Katie Zolnikov, sponsor: “This is a bill that legalizes off premise beer and wine delivery, by a third party or an employee.” She told the committee the policy has been under development for nearly three years and aims to align Montana with other states while preserving safeguards.
Key compliance points laid out in testimony include: deliveries must occur only within the hours the retailer may legally sell alcohol; deliveries must not be made to minors, to persons who are obviously intoxicated, to licensed retailers for resale, to college campuses, or to locations without a permanent street address; alcohol transported by motor vehicle must be carried out of the driver’s immediate reach (for example trunk or rear cargo); and drivers may not be paid on a commission basis tied to completed alcohol deliveries.
The bill requires off‑premise retailers and third‑party licensees to retain delivery records (date/time, recipient, delivery driver, originating retail licensee) for three years and make them available to investigators. The proposed third‑party permit carries a $1,000 initial and annual fee; the bill also requires a training regimen and a 60‑day compliance window for existing employees.
Proponents included the Montana Retail Association, Montana Beer and Wine Distributors Association, and third‑party platforms including Instacart and DoorDash. DoorDash and Instacart described multi‑step ID and intoxication checks, barcode and machine‑learning ID screening, and driver protections (payment for completed/returned trips and no ratings penalty for refusals) to reduce unlawful deliveries.
Brad Griffin of the Montana Retail Association said industry stakeholders and the Department of Revenue participated in multi‑year negotiations and that 35 other states allow some form of grocery delivery; Deborah Pitassi of the distributors association underscored public‑safety provisions and enforcement through licensing. Informational testimony was provided by Becky Schlau, alcoholic beverage control administrator at the Department of Revenue.
Committee members asked practical questions about intoxicated recipients, bicycle and e‑bike deliveries, and whether a single third‑party license covers a platform or requires separate licenses for drivers; sponsor and witnesses said the license attaches to the company (or to a retailer using employee drivers) while individual drivers must meet the training and ID requirements.
No opponents testified at the hearing. The sponsor closed and the committee ended testimony on HB 211.
