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Panel backs making third‑party alcohol delivery permanent after compliance checks exceed 90%

2136900 · January 21, 2025
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Summary

House Bill 2058, which would remove the sunset on third‑party alcoholic beverage delivery licenses, was reported by a subcommittee after stakeholders and regulators said recent compliance testing exceeded 90 percent.

A House Labor and Commerce subcommittee voted to report House Bill 2058, which would remove the sunset on Alcoholic Beverage Control third‑party delivery licenses and make alcohol delivery via third parties permanent.

Sponsor remarks and stakeholder testimony emphasized testing and regulatory oversight. The bill would maintain provisions that limit the number of mixed beverages deliverable per meal and leave other ABC controls in place while removing the statutory sunset scheduled for July 1, 2026.

Nicole Brenner, speaking on behalf of Uber Eats, told the committee the ABC had increased decoy operations and compliance assessments and that the regulator retains authority to suspend or revoke third‑party delivery licenses for noncompliance: "ABC still has the authority to take a third party delivery license holder's license if they find them to not be compliant with the statute," she said. Tommy Herbert of the Virginia Restaurant Lodging and Travel Association, Robert Melvin of the R Street Institute, Rebecca Leach of Walmart, Jodi Roth of the Virginia Retail Federation and Cindy DeFranco of the Virginia Spirits Association all supported making delivery permanent, citing stakeholder work groups and measured compliance results.

During committee discussion, Delegate Price urged caution and suggested keeping a sunset another year to allow more time to monitor compliance despite panel testimony citing a compliance rate above 90 percent. Supporters replied that the ABC retains enforcement authority and that compliance testing has improved since earlier decoy operations.

The transcript records the clerk announcing the bill "reports" with the recorded tally in the proceedings. The clerk's roll call was recorded in the hearing transcript as reporting the bill out; the transcript records the clerk announcing the bill "reports 5 to 1." The committee's vote advances the measure to the next stage where the full House will consider it.