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Senate bill would allow third‑party alcohol delivery from package stores with training, 3‑mile limit and 3‑year sunset
Summary
SB 168 would let licensed package stores contract with licensed third‑party delivery services to deliver alcohol; the bill requires 21‑year‑old drivers, ID scanning, two‑year record retention, limits purchases to within a three‑mile radius of the purchaser, and includes a three‑year sunset and a fiscal note for two enforcement positions.
Senator Walsh presented Senate Substitute 1 for SB 168 to permit third‑party home delivery of alcohol from package stores (off‑premises licensees) through licensed delivery platforms. The sponsor said the bill preserves Delaware’s three‑tier system while allowing package stores to contract with licensed third‑party delivery services and impose a uniform delivery fee among vendors.
Key operational rules: The bill bars grocery stores, restaurants, hotels, convenience, drug or tobacco stores and cigar shops from participating; it requires delivery drivers to be at least 21 years old and to complete a commissioner‑approved training program on responsible delivery. The bill clarifies that package‑store responsibilities end when possession transfers to the delivery driver; the third‑party vendor is liable for its employees’ conduct during delivery. Required records — recipient name, date of birth and delivery address — must be maintained online for two years.
Limits and safeguards: SB 168 restricts orders to a three‑mile radius from the purchaser’s address (purchaser, not recipient) and includes a three‑year sunset provision. Committee members questioned whether the three‑mile radius and a 21‑year minimum excluded state residents or younger delivery workers; Senator Walsh said the radius was agreed with small package‑store retailers to protect local businesses and that the age restriction aligns with previous restaurant alcohol‑delivery rules.
Enforcement and fiscal impact: The controller general’s fiscal note (drafted by Kylie Thompson) includes two full‑time enforcement positions in the Division of Alcohol and Tobacco Enforcement, producing an estimated jump in ongoing costs; Thompson said those staffing requests were made at the division’s request and would be general‑fund positions. Commissioner Jackie Mehta clarified that the licensing fee in the bill applies to third‑party vendor applicants and not to package stores.
Industry views and safety practices: DoorDash and other platform representatives told the committee they support the bill and noted safety practices used in other states, including in‑person ID scanning at delivery, third‑party ID verification and driver training; DoorDash speakers objected to the three‑mile radius as limiting coverage in parts of the state. DoorDash also confirmed platform insurance covers drivers during deliveries.
Committee action: The committee took testimony and questions but did not vote on SB 168 at this meeting. Senator Walsh said the sponsor included a three‑year sunset so the policy can be adjusted after a pilot period.
Next steps: SB 168 remains under committee consideration; the sponsor and industry and enforcement officials said the bill is designed as a controlled pilot to expand consumer choice while protecting minors and local retailers.
