KNOCK, KNOCK! LIQUOR STORE AT YOUR DOOR IN 60 MINUTES OR LESS

By: April Ingram

Don’t want to leave the party to pick up the missing ingredients to make your signature cocktail or to try a new recipe? Wish you had options to save time, or you don’t want to head out into the elements to go pick up your favorite alcoholic beverages? Canadians can now enjoy greater options for their alcoholic beverage home delivery, including a wider selection of craft beverage products with Drizly.

In Canada, liquor laws are regulated by each province individually, and some have permitted home delivery of wine beer and spirits for decades. The original alcohol delivery service, Dial a Bottle, was taking orders by phone and delivering bottles before apps or even the internet existed. Today, the home delivery marketplace is flooded with options that make home delivery of alcohol nearly as easy as Uber Eats, and the competition is fierce, leading to lower delivery fees and extra service perks. E-Commerce companies are working with the complete inventory of local, leading liquor retailers and delivering them within 60 minutes to adults of legal drinking age at their homes and even to their offices.

Amazon for Liquor

Drizly, a pioneer and the world’s first and largest alcohol e-commerce marketplace is now launching their services in the city of Vancouver, the province of Alberta, and throughout 26 U.S. states. They’ve been called the “Amazon for Liquor” or “Uber Liquor,” and their approval to operate in Vancouver has been noted as quite the accomplishment, considering that legislative regulation has so far prevented the actual Uber from being allowed within the entire province. Drizly has already been serving consumers in parts of the neighboring province of Alberta for over two years.

Drizly works with local retailers, including Liquor Depot, to bring adults of legal drinking age a wide selection of beer, wine and spirits, with delivery in under 60 minutes through Drizly.com and the Drizly app.

By providing access to inventories from local retailers in each market, the service gives customers a wide selection of beer, wine and spirits at reasonable market prices. In addition to a wide variety of adult beverages, Liquor Depot’s range of popular soft drinks, juices, ice and other mixers, are also be available on the Drizly platform. Customers schedule a delivery or in-store pickup. The Drizly’s mobile app and website are deep wells of information, offering cocktail recipes, pro tips and popular adult beverage trends.

Delivery in Vancouver is a flat $4.99, and customers have to purchase a minimum of $20 worth of products from Liquor Depot and Liquor Barn to qualify for delivery.

Simplified Age Verification

Alcanna, formally known as Liquor Stores N.A. Ltd., is North America’s largest publicly traded alcoholic beverage retailer and includes a chain of more than 240 stores operating in Alberta, British Columbia, Kentucky and Alaska, with both Liquor Depot and Liquor Barn under its banner. They carry a vast selection of craft beers, ciders and spirits, some of which are not available in provincially run liquor stores.

Although other liquor delivery services exist in the area, Drizly’s verification software ensures that liquor is kept out of the hands of minors. Age verification made the service even more appealing to Alcanna when it was looking for a platform to sell its products on demand.

“Vancouver has been thirsting for everything that Drizly facilitates, not least online access to our vast inventory, an intuitive shopping experience and the convenience of delivery in under an hour. It’s a win-win in every sense of the term,” Fran Coons, Vice President of Operations at Alcanna said in a press release.

By equipping retailers with technology that can verify age and identification, Drizly helps business owners protect their liquor licenses. Their retail partners are provided with a device to scan barcodes on official forms of identification. Drizly’s proprietary ID verification technology enables delivery personnel to verify IDs with accuracy that goes well beyond a manual review. The scans collect the customer’s name, date of birth and the ID expiry date, and the device can determine whether the ID is authentic. Once age and identity are confirmed, the scanned information is deleted from Drizly’s records, so there is no concern about collection or storage of personal information. Retailers aren’t required to use the device and can choose to use the scanner for every delivery or only when employees suspect the customer is underage.

Regulations

Provincial regulations alcohol delivery services are required to follow under their licensing agreement do not allow delivery services to store liquor themselves. Instead, they must take orders from a verified adult, then purchase the order from a retailer or general merchandise liquor store licensees such as Liquor Barn or Liquor Depot, and deliver the liquor to the adult who ordered it at a place where it is lawful to store or consume. The delivery service license in Alberta is considered a Class D liquor license and costs $200 annually. In British Columbia, licensed establishments are permitted to sell their products online and deliver them to customers only between 9:00 am and 11:30 pm and orders must be delivered on the same day they were placed.

Additionally, in British Columbia, anyone involved in the selling or serving of alcoholic beverages is required to complete “Serving It Right” training.  Serving It Right is British Columbia’s mandatory self-study course that teaches licensees, managers, sales staff and servers about their legal responsibilities when serving alcohol, and provides practical techniques to prevent problems related to over-service. This training is extended to and required for alcohol delivery personnel as well.  All Drizly delivery drivers are Liquor Depot and Liquor Barn employees, so they go through the same training as in-store staff, knowing how to recognize whether someone should not be served and when a customer may be a minor.

Stop Contamination at the Door With Disinfectant Mats

By: Nelson Jameson

PRESS RELEASE

CONTACT: Melissa Pasciak | Director of Marketing

m.pasciak@nelsonjameson.com | 715-387-1151

FOR IMMEDIATE RELEASE

Stop Contamination at the Door with Disinfectant Mats™ from Nelson-Jameson

MARSHFIELD, WIS., December 19, 2018 – One step beyond the ordinary sanitizing footbath, Disinfectant Mats both clean and sanitize footwear before workers enter any processing areas, or anywhere you want to limit the spread of contamination.

While ordinary footbaths don’t provide any scrubbing action to keep users from tracking sediment back into a clean processing environment, Disinfectant Mats feature hundreds of flexible rubber fingers to clean dirt particles from footwear. Constructed of a heavy-duty rubber that won’t sag or allow solution to run out, Disinfectant Mats allow users to wipe their feet while simultaneously lowering the sole of the footwear into the sanitizing solution. The finger design then lets contaminants settle undisturbed, while the footwear contacts clean solution only, and then steps off the mat clean and sanitary.

To learn more about preventing cross-contamination in your plant with innovative selection of Disinfectant Mats and accessories, visit nelsonjameson.com or call one of our product specialists today!

2400 East Fifth Street, P.O. Box 647 | Marshfield, Wisconsin 54449

Petition for a Writ Far-fetched? Nope!

By: Dan Minutillo, APC

If a state regulatory agency with jurisdiction over the craft brew industry makes a decision that appears to be arbitrary and capricious, having a direct effect on your business, then, you have the right to petition a court for relief using a Writ of Administrative Mandamus. An unnecessarily fancy phrase meaning that a court of law reviews the administrative decision and decides if, under applicable law, the decision is not rational. Most times a writ is requested by an association or group of companies that are affected by the agency decision so that a positive result will affect many companies in the association or group.

STATE ADMINISTRATIVE AGENCIES

State administrative agencies with jurisdiction over the craft brew industry create policies that can affect your business. I recently wrote in this magazine about a Tennessee agency which passed a regulation indicating that only people domiciled in Tennessee for a certain time could get a permit to sell alcoholic beverages in the State.

For the purpose of this article, let’s say that an administrative agency in California, like the California Department of Alcohol Beverage Control (ABC), passed a regulation indicating domicile restrictions to get a permit to sell craft beer om the State; that a company had to be in business in the State for ten (10) years and then that company could sell alcoholic beverages. This regulation is then challenged by you as arbitrary and capricious at the agency level, and the agency denies your challenge.  You argue that this domicile restriction is illogical, with no purpose other than to discriminate against out of state craft brew companies. You lose at the agency level, that is, the ABC reviews your challenge and denies it.

THE APPEAL; THE WRIT

That administrative decision (the denial of your challenge) by the ABC can be appealed to a court by “writ”, and you, the appellant, will win and ensure that this decision and underlying regulation is stricken if you can prove that the decision and underlying regulation is arbitrary, that is, without a rational basis.

So, there are a few criteria to get you into court to have the ABC decision (the denial of your challenge) reviewed and to win on your writ:

  1. That the decision/regulation was made by an “administrative agency” of a state (or of the Federal government), like the California ABC;
  2. Normally, that you have exhausted your administrative remedies. This means that if there is a method of appeal at the ABC, then you must first make that appeal and follow all other procedural rules regarding an appeal at the ABC before you bring a writ.
  3. That all of your ABC remedies have been exhausted and denied, and this denial must usually be in writing by the ABC (evidentiary issue).
  4. That you have standing to be heard by a court. Standing means that you are a “party in interest” which usually means that you, that is, your business has been affected by this ABC regulation/decision. You have standing if you will be or have been damaged by the regulation or decision. For example, if I teach math to high school students in a local school, I would not have standing to bring a writ in this circumstance because the ABC regulation/decision does not affect me. But, if you make or sell craft beverages, this regulation/decision does affect you, so, you have standing to bring the writ.
  5. That any applicable statute of limitation has not run. Most actions brought in a court of law must be brought to the court before a certain time period, that is the statute of limitations. Various statutes limit the time in which you can bring certain actions. Some statutes are as short as ninety (90) days from the time of the ABC denial of your challenge.
  6. That you can prove that the decision/regulation was made by the California ABC in an arbitrary and capricious manner, that is, there is no basis in fact or law to support the decision (the denial). It was whimsical and therefore an abuse of discretion by the ABC. The case law language is that a court on a writ will not disturb the ABC’s decision absent an arbitrary, capricious, or patently abusive exercise of discretion by the ABC.

THE STANDARD

Some courts call this a “rationality review”. Is the regulation/decision rational, that is, justified in fact and in law. No matter how you look at this, the key here is that the ABC did something that has damaged you and, after exhausting your administrative remedies, you are able to prove that the ABC’s decision is arbitrary and capricious—and you win.

THE REMEDY

I will discuss remedies, that is, what decision a court could make on a writ and how it could affect you, in a later article for this magazine.

Dan Minutillo has lectured to the World Trade Association, has taught law for UCLA, Santa Clara University Law School and their MBA program, and has lectured to the NPMA at Stanford University. Dan has lectured to various National and regional attorney associations about Government contract and international law matters. Dan has provided input to the US Government regarding the structure of regulations. He has been interviewed by reporters for the Washington Post and other newspapers.