| (a) Definition. In this section, the term "software
application" means an alcohol delivery compliance software application.
(b) To qualify for limitations on liability for the
actions of its delivery drivers under Alcoholic Beverage Code §57.08
by using a software application, a consumer delivery permit holder
must require its drivers to use a software application when delivering
alcoholic beverages that meets the minimum requirements of this rule.
(c) The software application must enable the delivery
driver to:
(1) access electronically readable data from a government
issued driver's license or identification card;
(2) manually enter the birthdate of the holder of the
driver's license or identification card, in the event that the information
cannot be read electronically for any reason;
(3) provide an affirmation electronically that at the
time of delivery, the person accepting the alcoholic beverage deliver:
(A) does not display signs of intoxication;
(B) presents a valid, unexpired government-issued driver's
license or identification card; and
(C) is 21 years of age or older;
(4) cancel the transaction in the event that delivery
is not completed;
(5) indicate the reason for any non-delivery of alcoholic
beverage(s), which at a minimum must include the options to select:
(A) person receiving the delivery displayed signs of
intoxication;
(B) person receiving the delivery failed to present
a valid, unexpired government-issued driver's license or identification
card demonstrating that the holder is at least 21 years of age; or
(C) unable to complete delivery within a reasonable
amount of time after leaving the retailer's premises, which is now
closed; and
(6) record the disposition of any undelivered alcohol.
(d) Delivery address verification.
(1) The consumer delivery permit holder is responsible
for ensuring the type of alcoholic beverage ordered can legally be
delivered to the delivery address (wet/dry status). This may be accomplished
automatically, either during the online ordering process or by the
software application, or by the delivery driver, using the software
application.
(2) If the consumer delivery permit holder's online
ordering process or the software application automatically verifies
that the type of alcoholic beverage ordered can legally be delivered
to the delivery address, the software application must enable the
delivery driver to affirm that the delivery address is the same address
entered during the online ordering process.
(3) The mechanism or program employed to comply with
this section must use, at a minimum, publicly available information
provided by the commission regarding the eligibility for sale of each
type of alcohol to the delivery address.
(e) In addition to all other requirements of this rule,
a software application used in the delivery of alcohol to a consumer
pursuant to Alcoholic Beverage Code §28.1001 must enable the
delivery driver to affirm that:
(1) the amount of distilled spirits delivered does
not exceed 375 milliliters;
(2) all alcoholic beverages are delivered in containers
sealed by the manufacturer; and
(3) food was delivered concurrently with the alcoholic
beverage(s).
(f) The software application must use industry standard
mechanisms to authenticate the identity of each delivery driver using
the software application. At a minimum, the software application must
use a generally accepted single-factor authentication method to verify
the identity of the user, such as a password or biometric identification.
(g) The consumer delivery permit holder must maintain
the following information for each transaction and must provide it
to the commission upon request:
(1) whether the consumer passed or failed age verification,
based on either the reading of the electronically readable data from
the driver's license or identification card or manual entry of the
birthdate on the driver's license or identification card presented
at the time of delivery;
(2) the physical address to which the alcoholic beverage
was delivered;
(3) the specific alcoholic beverage(s) or type(s) of
alcohol delivered (e.g., malt beverages, wine, and/or distilled spirits);
(4) time stamps for when the order was received, when
the delivery driver obtained the alcoholic beverages from the retailer,
and when the alcoholic beverages were either delivered to the consumer
or the transaction was canceled;
(5) information related to the disposition of undelivered
alcoholic beverages; and
(6) the software application compliance features used
on the date of the transaction.
(h) The information listed in subsection (g) of this
section:
(1) must be stored for at least six months; and
(2) if the information is the subject of an ongoing
commission enforcement action, must be stored in the consumer delivery
permit holder's usual manner until the enforcement action is closed.
(i) Information from a government-issued driver's license
or identification card accessed under this section must be maintained
and used in a manner compliant with Alcoholic Beverage Code §109.61.
(j) The consumer delivery permit holder may submit
its software application compliance features to the commission for
review prior to rollout of the initial version, and at any time the
software application compliance features are updated in a manner that
may impact its compliance with the requirements of this rule. The
commission will provide the permit holder with an opinion as to whether
the software application compliance features meet rule requirements
or need changes to come into compliance.
(k) The commission may perform periodic audits to verify
compliance with this rule.
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