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Senate rejects bill to authorize third‑party grocery delivery of beer and wine; vote later expunged
Summary
Senate Bill 98, which would have authorized third‑party delivery of beer and wine by grocery and convenience stores in wet counties under an ABC permit, failed on a 15‑12‑8 vote; senators later voted to expunge the failure. Debate centered on a rebuttable presumption tied to training and whether warehouse-based delivery would be covered.
Senate Bill 98, a proposal to authorize third‑party delivery of beer and wine from grocery and convenience stores in wet counties under a new Arkansas Alcoholic Beverage Control (ABC) permit, failed on Feb. 3 on an initial roll call but the Senate then voted to expunge that failure.
Sponsor Senator Sandra Davis described the bill as adding grocery and convenience stores to the list of retailers allowed to include beer and wine in third‑party grocery deliveries, limiting the authorization to wet counties and establishing a third‑party delivery permit with fees and training standards. “This is strictly from grocery or convenience stores to your home,” Davis said on the floor, clarifying that the proposal would not apply to warehouse‑to‑home shipments.
Senator Clark questioned a provision on page 5 that creates a rebuttable presumption that a delivery to a minor or intoxicated person was not made with criminal negligence if the driver had received approved training. Clark asked, “Why is that a presumption because somebody's been trained that they didn't deliver to somebody who was intoxicated or to a minor?” Davis replied that the rules adopted by ABC would detail how the permit and training are enforced and that third‑party permit holders “have just as much to lose as the grocery stores.” Senator Payton also asked whether the provision granted immunity; Davis said it changed the presumption on the front end but did not absolve criminal liability where negligence could be proven.
On a roll call the Senate recorded 15 yeas, 12 nays and 8 not voting; by that tally SB98 failed. Sponsor Davis then moved to expunge the vote by which SB98 failed; the Senate adopted the motion by voice vote: “Motion to expunge the vote. All those in favor, please signify by saying aye. Aye. Any opposed? Ayes have it.”
The floor debate included repeated clarifications that permitted delivery would be from grocery stores (examples cited: Kroger, Harps, Walmart, Whole Foods) and not from warehouses, and that delivery services such as Amazon could participate only when acting as the delivery provider for a grocery store order, not when shipping from a separate warehouse.
Next steps: With the failure expunged, Senate action on SB98 will be recorded consistent with Senate practice; any further movement would depend on the sponsor or committee referrals. The bill’s debate highlighted enforcement and training issues ABC will need to address if a similar measure is reintroduced or amended in future sessions.
