Politics & Government

SC weighs same-day home alcohol delivery, Sunday sales of liquor

Bills supporting curbside and home delivery of alcoholic beverages have resurfaced in 2024.
Bills supporting curbside and home delivery of alcoholic beverages have resurfaced in 2024.

South Carolinians could soon enjoy Sunday liquor sales along with curbside and home delivery of alcohol following several renewed proposals in the Legislature.

Legislators in the S.C. House have offered three bills that would expand a consumer’s access to spirits, beer and wine. One bill, H. 4364, would allow South Carolinians to pick up alcoholic beverages via the curbside of a retailer, or have it delivered directly to their home. Another, H. 4231, would permit micro distilleries to sell alcohol on its premises on Sundays. While the third, H. 3144, would allow general liquor sales on Sunday by local referendums.

“Consumers want delivery, they want everything delivered,” said Chad Horrell, regional director of government relations for DoorDash. “They want food delivery from restaurants, they want their pharmaceuticals delivered, they want groceries delivered and they also want alcohol delivered.”

Under H. 4364, South Carolinians could get same-day delivery of beer, liquor and wine from the same companies that deliver groceries, such as DoorDash. The bill would also allow customers to purchase alcohol through mobile apps like Drizly, Saucey or Minibar.

Every delivery driver would have to be at least 21 years old, go through a background check, certification and training. The driver would also have to check a customer’s ID to ensure they are 21 or older and not intoxicated when alcohol is delivered.

Retailers would be required to obtain a license from the South Carolina Department of Revenue before offering curbside or home delivery, which would be conducted through a third-party, such as DoorDash.

Currently, liquor sales in South Carolina are prohibited after 7 p.m., Monday through Saturday, on Sundays and Christmas Day. The state is only one of four that bans liquor sales on Sunday, along with North Carolina, Texas and Utah.

This isn’t the first time lawmakers have tried to legalize delivery of beer and wine in South Carolina. It’s a measure that, in part, was temporarily granted by Gov. Henry McMaster in 2020.

At the start of the state’s COVID-19 outbreak, McMaster loosened regulations on alcohol sales to help limit foot traffic inside liquor stores and other businesses to lessen customers’ chances of contracting or spreading the disease. The regulation, which ended in June 2021, only applied to beer and wine and was limited to curbside, not home delivery.

In the past, opponents have argued that relaxing alcohol laws could increase underage drinking. But DoorDash’s Horrell assured lawmakers Wednesday that his company would take extra measures to ensure that customers are at least 21.

“Our policies that we have in place right now, before you actually place the order on the platform, you must upload your ID,” Horrell said. He added a customer must also present their ID to the delivery driver before receiving the order.

Under measure H. 4321 micro distilleries, such as Burnt Church and Hallow Creek of S.C., would be able to offer onsite alcohol sales at retail on Sundays. The bill would also create an option for local governing bodies to permit liquor sales on Sundays. While certain restaurants, bars and distilleries may currently sell patrons liquor on Sundays by the drink, they’re prohibited from buying bottles.

“What other type of business in the state can be open on Sunday, but unable to sell a product that it produces?” said Chris Cow, president of Burnt Church Distilleries.

Cow said when his distillery previously offered tourists samples of alcohol on Sunday, many became upset when unable to purchase the full product.

In addition to its alcohol menu, Burnt Church offers food options.

“Sunday is also a big day for weekend-drive market visitors who often stop by our distillery for lunch on their way out of town, and again are unable to purchase (alcoholic) products that they may enjoy at our facility,” Cow said.

But critics to H. 4321 said while they support the ability for micro distilleries to sell their products on Sunday, Sunday liquor sales by mid- to large- corporations would negatively impact “mom and pop” alcohol retailers.

“You have big liquor companies like Biagio based out of London, who are pushing legislation because they believe they’ll see a small increase in their bottom line, or you have companies like Total Wine, who would love to see nothing more than a couple of mom and pop customers to head their way,” said Brian Flynn, a lobbyist for ABC stores of South Carolina. “They don’t care about the small businesses that will be impacted by this bill. It’s all about delivering additional profit for their shareholders on the backs on South Carolina mom and pops.”

Rex Patel, co-owner of Gator’s Beverage, a small liquor store in Lexington, said the bills could, indeed, harm his business.

The passage of these bills would be “financially hard on my business because if roads aren’t busy on Sundays, keeping the store open would result in me paying for nothing,” Patel said. “Delivery (of alcohol) wouldn’t affect us, but Sunday sales would hurt because while I still may make money, (Sunday sales) would take a while to get use to because, for so long, our store has been closed on Sundays.”

On Wednesday, H. 4364 and H. 4231 advanced out of a House subcommittee, while H. 3144 was moved for debate to a later, unannounced, date. Before the House passes any of the three bills, they’ll have to clear the House Judiciary Committee before heading to debate on the floor. The Senate also needs to agree and sign off on such measures.

Last year, the Senate favorably considered a bill similar to H. 4364 — S. 425 — which would have allowed curbside and home delivery of alcoholic beverages. While the measure cleared a full Senate committee, it failed to make it to the floor.

This story was originally published January 13, 2024 at 6:00 AM.

Javon L. Harris
The State
Javon L. Harris is a crime and courts reporter for The State. He is a graduate of the University of Florida and the Thurgood Marshall School of Law at Texas Southern University. Before coming to South Carolina, Javon covered breaking news, local government and social justice for The Gainesville Sun in Florida. Support my work with a digital subscription
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