The Senate Federal and State Affairs Committee held a public hearing on SB 253 Friday, March 10. The Committee spent most of its meeting on a different bill, leaving only 30 minutes for the hearing on Alcohol Home Delivery. Committee Chair Mike Thompson allowed ten minutes for proponents and 10 minutes for the opponents, with time also allowed for ABC Director Debbi Beavers to provide neutral testimony. Link to committee information.
KABR opposes this bill as proposed by Walmart and a number of third-party delivery platforms, including DoorDash, UberEats, Amazon/WholeFoods, etc. Our opposition rests primarily on the delivery system envisioning a large role for online/apps owned by technology companies who arrange alcohol delivery with non-employees. The platforms own and control the data and how many eyes will see the product information posted on behalf of retailers/establishments. Retailers do not control where the customers are directed by the platform. Delivery companies are not held to a comparable regulatory standard or penalties. Pushing alcohol transactions online will also increase the online traffic of illegal/unlicensed alcohol marketing - a format that has already shown a poor public safety performance and increasing illegal/counterfeit activity across the country. Further, the legislation appears to hold the retailer/drinking establishment partially responsible for the product up to the point of delivery and payment - causing serious concern.
See the recorded hearing at this link - fast forward to 11:14 to skip the first bill hearing. Link to Revisor's bill description.
See a list of conferees and their testimony below:
Proponents: Only O’Neal and Madon spoke in the time allotted.
Mike O’Neal, Walmart
Scott Schneider JD, Kansas Restaurant and Hospitality Association
Alexi Madon, Doordash
Proponents Written Only:
Ryan Bissett, Whole Foods Market
Elizabeth Patton, Americans for Prosperity
Eric Stafford, Kansas Chamber
Neutral:
Debbi Beavers, Director, Alcoholic Beverage Control Division
The Director requested amendments in her testimony.
Neutral Written Only:
Philip Bradley, Kansas Licensed Beverage Association
Tuck Duncan, Kansas Wine and Spirits Wholesalers Association
Opponents:
Amy Campbell, Kansas Association of Beverage Retailers (gave her time to the retailers to speak)
Whitney Damron, Kansas Association of Responsible Liquor Laws
Aaron Rosenow, Vern’s Retail Liquor, Topeka
Brian Davis, Davis Retail Liquor, Wichita
Phillip Cosby, State Director, American Family Action of Kansas and Missouri DUI Data
Opponents Written Only:
Philip Bradley, KS Craft Brewers Assn, KS Viticulture Farm Winery Assn, Artisan Distillers of KS
Jeff Breault, R & J Discount Liquor, Wichita
Monica Tieben, Blackjack’s Liquor, Dodge City
SB 253 would authorize the delivery of alcoholic liquor and cereal malt beverages to patrons by licensed retailers, licensed clubs, drinking establishments and restaurants, and third party delivery services. The bill would provide for the issuance of permits authorizing third-party delivery services to make deliveries of alcoholic liquor and cereal malt beverages on behalf of a licensed retailer, club, establishment, or restaurant. Such permits would cost $1,500 and be valid for one year. The bill would require that all individuals making such deliveries for a third-party delivery service permit holder be 21 years of age and have proper insurance coverage. The bill specifies that each delivery permit holder would be liable for any violation involving the sale and consumption of alcoholic liquor or cereal malt beverage that is committed by any individual conducting deliveries on behalf of the permit holder. SB 253 would authorize the Alcohol and Beverage Control Director to impose civil fines of no more than $1,000 for violations involving deliveries.
