§ 25–130. Third-party alcohol delivery license.

(a) A third-party alcohol delivery license shall be required for a third party to deliver alcoholic beverages on behalf of the holder of an off-premises retailer license, an on-premises retailer license, or a manufacturer license to a consumer and not for resale purposes.

(b) An off-premises retailer, on-premises retailer, or a manufacturer licensed under this title may utilize the services of a third-party alcohol delivery licensee by means of the telephone, Internet, mobile application, or other electronic means to facilitate the ordering of alcoholic beverages.

(c)(1) A licensee shall not deliver any alcoholic beverage pursuant to orders received unless upon delivery the licensee verifies that the recipient is at least 21 years of age by checking his or her valid government-issued photo identification.

(2) At the time of delivery, the licensee shall verify that the recipient of the alcoholic beverage is not visibly intoxicated.

(d)(1) Alcoholic beverages shall be delivered only in closed containers.

(2) Alcoholic beverages shall not be delivered to an address on a university, college campus, or any elementary or secondary school located in the District of Columbia.

(e) A third-party alcohol delivery license shall be valid for 3 years.

(f) A third-party alcohol delivery licensee shall file semi-annual reports with the Board by January 30 and July 30 of each year, which shall include:

(1) The total number of alcoholic beverages that were delivered during the previous half of the year;

(2) The name and address of the licensed establishment with which the alcohol delivery order was placed; and

(3) The date the alcoholic beverage was delivered.

(g) A third-party alcohol delivery licensee shall maintain the books and records reflecting the date, address, and recipient of the alcohol delivery for each delivery and the name and business address of the person making the delivery on the licensed premises or at a Board-approved location for 3 years. The third-party alcohol delivery licensee shall make these books and records available to the Board and ABCA investigators within 3 business days of receiving a written request from the Board or ABCA.

(h) An off-premises retailer, on-premises retailer, or a manufacturer licensed under this title that utilizes the services of a third-party alcohol delivery licensee to sell or deliver alcohol shall register with the Board, at no cost, to utilize the services of the third-party delivery company. Board approval shall not be required to register if the licensee:

(1) Registers with the Board each third-party delivery company it will be utilizing prior to utilizing the services of the third-party delivery company to sell or deliver alcohol; and

(2) Agrees to follow all applicable District laws, regulations, guidance documents, administrative orders, including Mayor's Orders, and permit requirements or conditions, which may contain requirements that supersede provisions contained in this section.

(i) In the event that an off-premises retailer license, an on-premises retailer license, or a manufacturer license is suspended, a third-party alcohol delivery licensee's authorization to deliver alcoholic beverages on behalf of that holder of the off-premises retailer license, on-premises retailer license, or a manufacturer license shall automatically be suspended for the same period that the off-premises retailer license, an on-premises retailer license, or a manufacturer license is suspended.

(j) In the event that an off-premises retailer license, an on-premises retailer license, or a manufacturer license is cancelled or revoked, a third-party alcohol delivery licensee's authorization to deliver alcoholic beverages on behalf of that holder of the off-premises retailer license, on-premises retailer license, or a manufacturer license shall be cancelled or revoked.