Special ruling greenlights third-party alcohol deliveries in NJ

Bottoms up, New Jersey! On Friday, a special ruling from the Division of Alcoholic Beverage Control (ABC) paved the way for third-party delivery services to begin transporting alcohol, including cocktails “to go,” to Garden State customers’ doorsteps.

During the pandemic, Gov. Phil Murphy signed legislation allowing restaurants and bars to deliver alcohol to customers, but that law did not include third-party delivery services such as DoorDash, Instacart, Uber Eats and others. The special ruling creates a new permit – the Third-Party Delivery Permit – that carries an annual cost of $2,000 and allows these independent contractors to deliver alcoholic beverages using their personal vehicles without having to display special decals.

The permit will allow these delivery services to partner with restaurants, bars and liquor stores.

Craft breweries and distilleries will not be eligible because they operate under manufacturing licenses, which do not carry statutory delivery privileges.

“Opening the door to allow for third-party services to deliver alcoholic beverages to New Jersey residents will allow our local businesses to adapt to the everchanging world of technology and e-commerce,” said Murphy.

“This is a game-changer for New Jersey’s alcoholic beverage industry and a tremendous opportunity for growth,” said ABC Director James Graziano. “We’ve worked diligently to craft a permit that serves as an economic stimulus for the industry while maintaining the integrity of New Jersey’s robust liquor laws.”

To be eligible, an applicant must submit a detailed method of operation and procedures, including conducting initial and recurring background checks of delivery workers, providing alcohol-compliance training and certification to delivery workers, verifying that receiving customers are of legal age and not visibly intoxicated, and refusing delivery when necessary.

“This new permit strikes a balance that has been a hallmark of the Murphy Administration to continue innovation and growth in business but without sacrificing or jeopardizing public safety,” said acting Attorney General Matt Platkin.

“Safety is a key element of this ruling; we want to make sure that those involved in delivering and receiving these products are authorized to do so,” said Murphy.

“The Third-Party Delivery Permit includes appropriate safeguards to ensure orderly, controlled, verifiable, and accountable deliveries of alcoholic beverages,” said Graziano.

Applicants will be required to have formal agreements with retail licensees and delivery workers before any deliveries are made.

Third-Party Delivery Permittees will also be responsible for ensuring delivery workers comply with an approved method of operation and conditions and restrictions, which include the following prohibitions:

• leaving alcohol unattended or storing beverages overnight,
• subcontracting alcohol delivery,
• delivery to customers who are intoxicated or underage, and
• delivering to any college or university.

Applications will be available through the ABC licensing systems, beginning Oct. 1, 2022.

“As we continue with the COVID-19 economic recovery, we must continue to take steps to evolve and adapt to our new normal,” Murphy added.