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2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:82. Issuance of wholesale permit

RS 26:82 - Issuance of wholesale permit
A. No wholesale permit shall be issued or held after issuance by any person unless at all times he meets the standards set forth as follows:
(1) Maintains warehouse space either owned or leased by the wholesaler, or dedicated to his use in a public warehouse, and:
(a) Such space shall be sufficient to store at one time a stock of liquor equal to ten percent or more of the wholesaler's annual case volume of liquor sales to retailers within this state, or
(b) Maintains at all times in the warehouse a stock of liquor owned by him, not consigned, nor then sold, consisting of not less than five percent of his annual sales to retailers, and whose cost of acquisition is fifty thousand dollars or more.
(2) Maintains delivery equipment which shall be leased or owned and dedicated to his primary use for the distribution and delivery of alcoholic beverages. The requirement that the delivery equipment be dedicated to a primary use for the distribution and delivery of alcoholic beverages shall not apply to any person continuously holding a wholesale permit issued pursuant to this Chapter for the three years immediately prior to January 1, 2010.
(3) Maintains brand representation with at least one distillery, or liquor manufacturer.
(4) Maintains sales of liquor to retailers generally within his immediate trade area, making sales to at least twenty percent of the retailers in said area with separate sales to retailers accounting for at least fifty percent of the gallonage handled by him.
B. No wholesale permit shall be issued or held after issuance by any person who does not in good faith actually carry on or intend to carry on a bona fide wholesale business by sale to retail permittees of the alcoholic beverages on hand, and the commissioner may revoke any wholesale permit when the permittee fails for a period of forty-five days actively and in good faith to engage in the wholesale business, and shall revoke any wholesale permit for any other violation of this Section or the rules and regulations adopted pursuant to the enforcement hereof.
C. Sale by a wholesaler to himself as a retailer, or as a partner in a retail establishment is not a bona fide wholesale transaction. No wholesaler shall store any of his stock on the premises of any retail establishment.
D. Persons engaged primarily in the sale, handling, distribution, and storage of alcoholic beverages which are ultimately delivered or transported beyond the borders of the state are exempt from complying with the standards set forth in this Section.
E. The commissioner may adopt and publish rules and regulations for the enforcement of this Section.
Acts 1987, No. 696, §1; Acts 2010, No. 125, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:82.1. Self-distribution

RS 26:82.1 - Self-distribution
A. Notwithstanding any provision of law to the contrary, a manufacturing distiller who operates a manufacturing distillery located entirely in the state of Louisiana that produces less than four thousand gallons of distilled alcoholic liquors annually at the manufacturing distillery and holds both an in-state manufacturing distillery permit and a distillery self-distribution permit issued pursuant to R.S. 26:71 may self-distribute to a retailer holding a Class A permit issued pursuant to R.S. 26:71.1, a Class B permit issued pursuant to R.S. 26:71, or a Class C permit issued pursuant to R.S. 26:71.2.
B. If a manufacturing distiller self-distributes to retailers, the following shall apply:
(1) No more than four thousand gallons of distilled alcoholic liquors may be self-distributed to all retailers annually.
(2) The distilled product shall be offered at a standard price to all retailers.
C. A manufacturing distillery meeting the qualifications in Subsection A of this Section may obtain a permit to self-distribute alcoholic liquors distilled at its manufacturing distillery under the following conditions:
(1) The manufacturing distiller does not have an existing distribution agreement with a permitted wholesale dealer.
(2) The manufacturing distiller owns or leases warehouse space that shall be maintained in a separate area from the distillation equipment.
(3) The manufacturing distiller owns or leases delivery equipment dedicated for the primary use of distribution and delivery of only those products distilled at the manufacturing distillery.
(4) The manufacturing distiller shall remit all excise and other applicable taxes on all alcoholic liquors distilled at its manufacturing distillery that are self-distributed.
(5) The manufacturing distiller shall provide a monthly report of all sales from the manufacturing distillery and all sales from self-distribution to the office of alcohol and tobacco control.
D. A manufacturing distiller may enter into a distribution agreement with a permitted wholesale dealer or make application for a self-distribution permit. However, no manufacturing distillery shall distribute through the permitted wholesale dealer and self-distribution.
E. Any manufacturing distillery that engages in self-distribution shall be subject to LAC Title 55, Part VII.
Acts 2023, No. 127, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:83. Interposed persons

RS 26:83 - Interposed persons
No permit shall be issued to any person who is an interposed person for the owner or proprietor of a business. The commissioner may require a full disclosure, in writing and under oath, of the details of the operation of any person it suspects of being interposed for another. The commissioner may summarily rule before the commissioner for examination, any person suspected of being an interposed person. A person who is subsidized, financed, or employed by a liquor manufacturer to operate a business without disclosing the ownership of the liquor manufacturer shall be considered an interposed person for the liquor manufacturer under this Chapter.
Amended by Acts 1962, No. 463, §7; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:84. Misstatement or suppression of fact in application

RS 26:84 - Misstatement or suppression of fact in application
Any misstatement or suppression of fact in an application or accompanying affidavit is a ground for denial of permit.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:85.2. Museum permit; requirements; authorizations; circumstances

RS 26:85.2 - Museum permit; requirements; authorizations; circumstances
A. Notwithstanding any other provision of law to the contrary, any person who holds a valid manufacturer's permit issued by the state of Louisiana and operates a museum facility within a historic preservation district that is historical in nature, designed to provide information regarding the history of and feature the manufacturer's product to public visitors to the facility and in which guided tours are provided to such visitors may, if otherwise eligible for an AR exception permit or an AG exception permit, as provided in this Title, apply for and receive a special permit which is limited authorization for the sale of special decanters or commemorative bottles produced by the manufacturer exclusively for sale within the museum facility, for the provision of a sample to museum visitors of the manufacturer's product, of up to one ounce serving per visitor, contained in the special decanter or commemorative bottle as part of an educational program offered to visitors of the historic museum facility, and to conduct tastings and samplings within the museum facility of the manufacturer's product. Such permit shall be known as a "museum permit".
B. A wholesaler shall permit a museum permit holder to deliver directly a special decanter or commemorative bottle to the museum facility operated by the permit holder; however, the wholesaler shall include the amounts delivered in its inventory and depletions for purposes of tax collection imposed pursuant to this Title.
Acts 2005, No. 134, §1, eff. June 22, 2005.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:86. Authority of commissioner and local authorities to withhold permit

RS 26:86 - Authority of commissioner and local authorities to withhold permit
The commissioner with respect to state permits and municipal authorities and parish governing authorities with respect to local permits may withhold the issuance of permits in the manner and under the terms and conditions specified in this Chapter.
Acts 1987, No. 696, §1; Acts 1992, No. 976, §1, eff. Jan. 1, 1993; Acts 2015, No. 382, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:88. Renewal of permit

RS 26:88 - Renewal of permit
A. Except as otherwise provided by law, persons holding permits under this Chapter, whether state or local, shall annually file application for renewal thereof for the ensuing year and pay the permit fees in accordance with this Chapter and the rules and regulations established by the commissioner. If a dealer fails to file the application and pay the permit fees by the date established by the commissioner, there shall be added to the fee, in addition to other penalties provided in this Chapter, a delinquency penalty of five percent if the failure is for not more than thirty days, with an additional five percent for each additional thirty days or fraction thereof during which the failure continues. If the dealer fails to make his application by the date established by the commissioner, the commissioner may, without notice or hearing, suspend his right to do business.
B. Any dealer whose application for renewal is filed before the date established by the commissioner may continue business until issuance of the new permit, under the previous permit if it has not been suspended or revoked or the new permit withheld or denied.
C. Renewal permits may be withheld or denied on the same grounds and in the same manner as an original permit.
Acts 1987, No. 696, §1; Acts 2011, No. 259, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:89. Form of application for renewal of permit

RS 26:89 - Form of application for renewal of permit
The commissioner may, by regulation, prescribe the form of application to be used when the applicant is not seeking a new permit but only the renewal of a current permit held by him. Nothing in this regulation shall alter the qualifications required in this Chapter.
Acts 1987, No. 696, §1; Acts 2011, No. 259, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:90.1. Licensed manufacturing distillers; contracted private events

RS 26:90.1 - Licensed manufacturing distillers; contracted private events
A. Notwithstanding any provision of law to the contrary, a manufacturing distillery as defined in R.S. 26:2 may lease its facility to a person not licensed pursuant to this Chapter for no more than twelve contracted private events per year during which food and alcoholic beverages not distilled at that licensed facility may be served to guests of the contracted private event by a caterer holding a permit issued pursuant to this Title if a copy of the lease is provided to the commissioner at least ten days prior to the event.
B. The manufacturing distiller may charge a reasonable rental fee to the person not licensed pursuant to this Chapter for the contracted private event.
C. The manufacturing distillery may serve to guests alcoholic beverages distilled at that licensed facility. The manufacturing distillery shall not charge the person not licensed pursuant to this Chapter more than its standard prices for the products.
Acts 2023, No. 127, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:92. Proper petitioners in action by commissioner to suspend or revoke permit

RS 26:92 - Proper petitioners in action by commissioner to suspend or revoke permit
The commissioner, the secretary of the Department of Revenue, municipal authorities, governing authorities of parishes, sheriffs, law enforcing authorities, citizens, and any trade organization consisting of manufacturers and distributors of alcoholic beverages through its authorized representative have the right to have a permittee cited by the commissioner to show cause why his permit or permits should not be suspended or revoked.
Acts 1987, No. 696, §1; Acts 1992, No. 976, §1, eff. Jan. 1, 1993; Acts 1995, No. 805, §1, eff. June 27, 1995; Acts 1997, No. 658, §2.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:93. Procedure for suspending or revoking permit

RS 26:93 - Procedure for suspending or revoking permit
The procedure for the suspension or revocation of permits shall be substantially as follows:
A. The commissioner shall have periodic examinations made of the business of all persons holding permits under this Chapter. If a violation of any provision of this Chapter or of any rule or regulation of the commissioner is observed, the commissioner may give the permittee a written warning. If the permittee has been previously warned or if the violation is of a sufficiently serious nature, the commissioner may instruct any agent or employee of the commissioner to prepare and file, upon information and belief based upon the facts in hand, a petition for suspension or revocation of the permit, setting forth the facts and circumstances of the violation, and shall thereupon summon the permittee to appear and show cause why the permit should not be suspended or revoked.
B. The secretary of the Department of Revenue, municipal authorities, sheriffs, and other law enforcing officers shall have periodic investigations made of the business of all permittees within their respective jurisdictions. If any violation of any provision of this Chapter or of any rule or regulation of the commissioner is observed, such authorities may give the permittee a written warning. If the permittee has been previously warned or if the violation is of a sufficiently serious nature, they shall file an affidavit with the commissioner, setting forth the facts and circumstances of the violation. Thereupon, the commissioner shall summon the permittee to appear and show cause why his permit should not be suspended or revoked.
C. Any person may file with the commissioner or with the municipal officers or parish authorities a sworn petition requesting that a permit be suspended or revoked. If the petition is filed with the local authorities, they shall immediately transmit it to the commissioner. When such a petition is received by the commissioner, he shall summon the permittee to appear and show cause why his permit should not be suspended or revoked.
D. No such petition shall be considered by the commissioner unless sworn to by the petitioner in an affidavit which also affirms that the petitioner, together with witnesses, if any, will appear at the hearing to establish the allegations of the petition, and unless the petition sets forth facts constituting a cause or causes enumerated in or authorized by this Chapter for the suspension or revocation of a permit.
E. In accordance with the provisions of R.S. 49:977.3(C), the commissioner may order a summary suspension of a permit.
Amended by Acts 1950, No. 360, §1; Acts 1987, No. 696, §1; Acts 1992, No. 976, §1, eff. Jan. 1, 1993; Acts 1997, No. 658, §2; Acts 2011, No. 211, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:94. Cause necessary to withholding, suspending, or revoking of permit

RS 26:94 - Cause necessary to withholding, suspending, or revoking of permit
No permit shall be withheld, suspended, or revoked except for causes specified in this Chapter. If a person holds more than one permit and any one of them is suspended or revoked, the commissioner may suspend or revoke all of his permits.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:95. Convictions by court not essential to withholding, suspending, or revoking permits

RS 26:95 - Convictions by court not essential to withholding, suspending, or revoking permits
Conviction by a court of violation of the provisions of this Chapter is not a condition precedent to the refusal, suspension, or revocation of a permit under this Chapter for a violation of any of the provisions of this Chapter or of the commissioner's published rules. When there has been a previous criminal prosecution for the same or similar act upon which the refusal, suspension, or revocation of a permit is being considered, evidence of an acquittal in a court of competent jurisdiction is admissible in a proceeding before the commissioner. The commissioner shall withhold, suspend, or revoke permits for violations of this Chapter, regardless of any prosecution in the court or of the result of any such prosecution.
Amended by Acts 1960, No. 351, §1; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:96. Revocation and suspensions not exclusive penalty

RS 26:96 - Revocation and suspensions not exclusive penalty
A.(1) Notwithstanding any other provision of this Chapter to the contrary, the commissioner may, in lieu of or in addition to revocation or suspension of a permit issued under the authority of this Chapter, impose the following schedule of fines to be paid into the state treasury for:
(a) A first offense, not less than fifty dollars but not more than five hundred dollars.
(b) A second offense that occurs within three years of the first offense, not less than two hundred fifty dollars but not more than one thousand dollars.
(c) A third offense that occurs within three years of the first offense, not less than five hundred dollars but not more than two thousand five hundred dollars.
(2) A retail dealer who is required pursuant to R.S. 15:541.1 to post information regarding the National Human Trafficking Center hotline and fails to post such information may be assessed a fine in accordance with the provisions of this Section.
B. Any fine imposed upon any permittee or the revocation or suspension of a permit is in addition to and is not in lieu of or a limitation upon any other penalty imposed by law and not contained in this Chapter.
Amended by Acts 1979, No. 517, §1; Acts 1987, No. 696, §1; Acts 2013, No. 430, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:97. Status of premises after revocation of permit

RS 26:97 - Status of premises after revocation of permit
When a permit is revoked for any legal cause, the commissioner may, at the same time, order that no state or local permit shall be issued covering the same premises until one year after the date of revocation.
Amended by Acts 1950, No. 361, §1; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:98. Notice of hearing by commissioner

RS 26:98 - Notice of hearing by commissioner
Whenever the commissioner is to hold a hearing pursuant to the provisions of this Part, he shall issue a written summons or notice thereof to the applicant or permittee, directing him to show cause why his application should not be refused or why his permit should not be suspended or revoked. The notice or summons shall state the time, place, and hour of the hearing, which shall be not less than ten nor more than thirty calendar days from the date of the notice. The notice or summons shall enumerate the cause or causes alleged for refusing the application or for suspending or revoking the permit. When a petition has been filed opposing the issuance of the permit or asking for its suspension or revocation, a copy of the petition shall accompany the notice or summons. All notices or summonses shall be either delivered to the applicant or permittee in person or sent by certified mail to the applicant or permittee and directed to him at the mailing address as given in his last application for the permit. When so addressed and mailed, notices or summonses shall be conclusively presumed to have been received by the applicant or permittee.
Amended by Acts 1974, No. 449, §1; Acts 1977, No. 157, §1; Acts 1987, No. 696, §1; Acts 2014, No. 69, §1, eff. May 16, 2014.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:99.1. Participation in hearing by video conference

RS 26:99.1 - Participation in hearing by video conference
To the extent practicable, the commissioner may authorize the use of teleconference, video link, or other visual remote communications technology for the conducting of any hearing as authorized by this Chapter. Prior to utilizing such technology, the commissioner shall adopt rules pursuant to the provisions of the Administrative Procedure Act to provide for the methods and requirements of utilizing teleconference, video link, or other visual remote communications technology for conducting any hearings authorized by the provisions of this Chapter.
Acts 2011, No. 86, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:100. By whom conducted; record; briefs

RS 26:100 - By whom conducted; record; briefs
Hearings may be held by the commissioner or by any person designated and authorized by the commissioner. If the hearing is to be held by a person designated by the commissioner, that person shall take an oath for the faithful performance of his duties. The oath may be administered by anyone qualified by law to administer oaths in this state. The commissioner, or the person designated to hold a hearing, may administer oaths, issue subpoenas for the attendance of witnesses and the production of books, papers, accounts, and documents, and examine witnesses and receive testimony at the hearing. Whenever a hearing is conducted by a person designated by the commissioner to hold the hearing, the testimony received shall be reduced to writing and a transcript thereof, together with all documentary evidence, if any, and all written arguments or briefs submitted shall be made and certified by the hearing examiner to the commissioner for his consideration and decision.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:101. Contempt at hearings; penalty

RS 26:101 - Contempt at hearings; penalty
If a person fails to comply with a subpoena issued by the commissioner or by any duly authorized person holding the hearing or if a witness refuses to testify in any matter regarding which he may be lawfully interrogated, the person conducting the hearing shall adjudge him guilty of contempt and may fine him not more than one hundred dollars or imprison him for not more than thirty days, or both. The sheriff of the parish in which the hearing is held shall execute the judgment of contempt.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:102. Procedure when permittee or applicant fails to appear at hearing; continuances

RS 26:102 - Procedure when permittee or applicant fails to appear at hearing; continuances
If a permittee or applicant who has been notified of a hearing does not appear, the hearing may proceed without him and the commissioner may consider and dispose of the case, but in all cases the commissioner, upon application or ex propria motu, may grant continuances from time to time. If the continuance be granted to a fixed future date by written consent or in the presence of the permittee, applicant, or his counsel, no further notice of the hearing date need be given. In all other cases the same notice of hearing as in original hearings shall be given.
Amended by Acts 1950, No. 359, §1; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:103. Basis for determination by commissioner to suspend or to revoke permit

RS 26:103 - Basis for determination by commissioner to suspend or to revoke permit
In determining cases involving the suspension or revocation of permits, if the commissioner finds that the violation is of a minor nature, or that there are extenuating circumstances, or that there are reasonable grounds to expect that the permittee will not again violate any of the provisions of this Chapter, the commissioner may suspend the permit for such time as he thinks proper. If the permittee has previously been fined or had a permit suspended or revoked, or if the violation is flagrant or serious, the commissioner may revoke the permit or permits and shall immediately notify the state and local authorities of this action. When the commissioner either suspends or revokes a permit, all permits to deal in beverages as herein defined and all similar local permits are ipso facto suspended or revoked without action on the part of state or local governing authorities. The commissioner shall retain jurisdiction to re-open cases at any time upon petition or ex propria motu, and for good cause shown may modify, revise, or reverse his former findings and decisions, and all such re-opened cases shall be heard and determined under the same rules of procedure as original cases.
Amended by Acts 1950, No. 305, §1; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:104. Costs of hearings

RS 26:104 - Costs of hearings
In hearings of the commissioner which finally result in withholding the issuance of a permit or in suspending or revoking a permit, the commissioner shall assess the costs of the hearing to the applicant or permittee. The costs are recoverable by the commissioner in any appellate proceeding instituted by the applicant or permittee or in any other judicial proceeding.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:105. Decisions to withhold, suspend, or revoke permits final unless appealed and reversed

RS 26:105 - Decisions to withhold, suspend, or revoke permits final unless appealed and reversed
Decisions of the commissioner in withholding, suspending, or revoking permits and of local authorities in withholding permits are final and binding on all parties unless appealed in the manner provided in R.S. 26:106 and finally reversed by the courts.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:106. Appeals to courts

RS 26:106 - Appeals to courts
A. Any party aggrieved by a decision of the commissioner to withhold, suspend, or revoke a permit or of the local authorities to withhold a permit may, within ten days of the notification of the decision, take a devolutive appeal to the district court having jurisdiction of the applicant's or permittee's place of business, proposed or actual as the case may be. Such appeals shall be filed in the district courts in the same manner as original suits are instituted therein. The appeals shall be tried de novo. Either party may amend and supplement his pleadings and additional witnesses may be called and heard. When there has been a previous criminal prosecution for the same or similar act upon which the refusal, suspension, or revocation of a permit is being considered, evidence of an acquittal in a court of competent jurisdiction is admissible in the trial of the appeal.
B. Within ten calendar days of the signing of the judgment by the district court in any such appeal case, the commissioner or the applicant for a permit or permittee, as the case may be, may devolutively appeal the judgment to the appellate court of proper jurisdiction. These appeals shall be perfected in the manner provided for in civil cases and shall be devolutive only. If the district court determines that the decision of the commissioner or of the local authorities in withholding, suspending, or revoking the permit was in error, the decision of the commissioner or local authorities shall not be voided if the commissioner or local authorities take an appeal to the court of appeals in the time provided for suspensive appeals.
Amended by Acts 1960, No. 351, §1; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:107. Summary proceedings on appeal

RS 26:107 - Summary proceedings on appeal
All proceedings in the district and appellate courts arising under this Part are civil in nature and shall be heard summarily by the court, without a jury, shall take precedence over other civil cases, and shall be tried in chambers or in open court, in or out of term.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:108. Interference by courts prohibited

RS 26:108 - Interference by courts prohibited
The courts of this state shall have jurisdiction to issue restraining orders and writs of injunction restraining the commissioner as provided in the constitution, but no writ or order shall issue before a decision has been made by the commissioner either withholding the application for a permit, or suspending or revoking a permit under the provisions of this Chapter.
Amended by Acts 1962, No. 463, §9; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:141. Export of beverages controlled by commissioner

RS 26:141 - Export of beverages controlled by commissioner
The commissioner may promulgate rules regulating the sale, handling, distribution, storage, and transportation of alcoholic beverages for delivery beyond the borders of the state. The failure to comply with any such rule shall, in addition to any other penalties imposed by this Chapter, be cause for the suspension or revocation of the dealer's permit.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:142. Distribution through wholesalers only

RS 26:142 - Distribution through wholesalers only
Except as provided for in R.S. 26:71.3, 71.4, 82.1, 85, 271.1, and 359, no alcoholic beverage produced or manufactured inside or outside of this state shall be sold or offered for sale in Louisiana or shipped or transported into or within the state except to the holder of a wholesaler's permit and for delivery at the place of business of the wholesaler as shown in his permit.
Acts 1987, No. 696, §1; Acts 2005, No. 508, §1, eff. July 13, 2005; Acts 2006, No. 808, §1, eff. June 30, 2006; Acts 2015, No. 382, §1; Acts 2021, No. 380, §1; Acts 2023, No. 127, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:143. Invoices and records of dealers

RS 26:143 - Invoices and records of dealers
A. Every manufacturer and every wholesaler of alcoholic beverages shall, at the time of shipping or delivering, make a true duplicate invoice of each shipment showing full and complete details of each sale or delivery of the beverages. This invoice shall be retained for a period of two years for the inspection and use of the commissioner. They shall also keep a record of the manufacture and purchase of such beverages by them and shall hold all books, records, and memoranda pertaining to the manufacture and purchase of these beverages subject to the inspection of the commissioner.
B. Retail dealers shall keep a record of all alcoholic beverages purchased by them and shall hold all books, records, and memoranda pertaining to the purchase and sale of such alcoholic beverages for inspection by the commissioner or his agents.
C. In lieu of the invoices required herein for manufacturers and wholesalers, a computer-generated record may be used for the purposes of substantiating the details of each sale or delivery of alcoholic beverages. This record shall be retained for a period of two years for the inspection and use of the commissioner.
Acts 1987, No. 696, §1; Acts 1999, No. 202, §1, eff. July 1, 1999.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:144. False invoice or bill of sale prohibited

RS 26:144 - False invoice or bill of sale prohibited
No person shall use, exhibit, or present to the commissioner, or his agents or employees, any invoice or bill of sale that bears an untrue date or falsely states the nature or quantity of the goods therein listed.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:145. Refusal to allow inspection

RS 26:145 - Refusal to allow inspection
No person shall refuse to allow the commissioner, or his agents or employees, to make an inspection of any place or business where alcoholic beverages are stored, sold, or handled, or otherwise hinder or prevent the inspection.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:146. Regulation of traffic in wines

RS 26:146 - Regulation of traffic in wines
In order to regulate the traffic in sparkling and still wines, the commissioner shall make and publish reasonable rules and regulations governing the manufacture, labeling, stocking, pricing, and advertising of all such wines. The rules so made shall conform to the substantive provisions of the labeling and advertising regulations issued under the Federal Alcohol Administration Act of the United States. No person shall have in his possession or sell, offer for sale, or distribute any sparkling or still wine not labeled in conformity with the regulations issued by the commissioner and no person shall publish or disseminate any advertisement for sparkling or still wine that does not conform to the regulations issued by the commissioner.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:147. Sale or keeping for sale in dry area; penalty

RS 26:147 - Sale or keeping for sale in dry area; penalty
A. No person shall sell or keep for sale any alcoholic beverages for beverage and business purposes in any subdivision of the state where the sale of alcoholic beverages is prohibited by law or ordinance.
B. Whoever violates this Section shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than six months, or both.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:148. Form of payment; timely payment; penalty for violation

RS 26:148 - Form of payment; timely payment; penalty for violation
A. No manufacturer or wholesale dealer shall sell, offer to sell, or deliver any alcoholic beverage to any retail dealer in this state, and no retail dealer in alcoholic beverages shall buy or accept delivery for any such beverage, for any consideration other than cash or on terms requiring payment not later than the fifteenth day following that on which actual delivery is made, or by credit card payment where the credit card discount fees or merchant fees are added to the cost of the transaction as a convenience fee and the fees are paid by the retailer. If any payment is not made punctually when due, the vendor shall immediately notify the commissioner thereof and the commissioner shall promptly notify all manufacturers and wholesale dealers in the state of the default and thereafter no person shall sell any alcoholic beverage to the retailer in default on any other terms than cash delivery, until otherwise authorized by the commissioner. Under penalty of suspension of his permit, the retailer who is in default shall pay his obligation in full within thirty days from the date it became due.
B. Whoever violates this Section may have his license suspended for not more than five days for the first offense and not more than thirty days for a subsequent offense. Each failure of a retail dealer to make payment for any default before the expiration of the period of suspension constitutes a subsequent offense. In addition, the retail dealer may be required to make payment in cash for all alcoholic beverages subsequently sold or delivered to him. C. The commissioner shall make and publish rules and regulations for the enforcement of this Section.
Acts 1987, No. 696, §1; Acts 2021, No. 278, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:149. Refilling used containers prohibited; exception

RS 26:149 - Refilling used containers prohibited; exception
No person shall refill an original container of alcoholic beverages with an alcoholic beverage or have in his possession any original container that has been so refilled, except for three gallon keg type containers of sparkling wine.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:151. Permits necessary prior to purchase of alcoholic beverages

RS 26:151 - Permits necessary prior to purchase of alcoholic beverages
All retail dealers must possess a permit as a condition precedent to purchasing, receiving, or engaging in the business of dealing in alcoholic beverages. An application may be withheld and a solicitor or his wholesaler who sells or delivers alcoholic beverages to the applicant may have their permits suspended or revoked for violation hereof.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:152. Forms for default notices and delinquent lists; rules for filing and publication

RS 26:152 - Forms for default notices and delinquent lists; rules for filing and publication
The commissioner shall prescribe forms for notices of default and for delinquent lists and shall make and publish rules and regulations to govern the filing of such notices and lists and the publication thereof.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:171. General penalty

RS 26:171 - General penalty
Whoever violates any provision of this Chapter or any rule or regulation of the commissioner, where no other penalty is provided for in this Chapter, shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than six months, or both.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:243. Transfer

RS 26:243 - Transfer
Notwithstanding any provision of law to the contrary, a brewer who operates a brewing facility located entirely within the state of Louisiana and who holds an in-state manufacturer's permit may use a wholesaler, for a set fee, to transfer beer or other malt beverages brewed at the brewing facility to another brewing facility in the state owned wholly by the brewer to sell or serve to the public for consumption on or off the licensed premises under the following circumstances:
(1) A transferring brewing facility shall maintain no less than a ten-barrel brewing system. A receiving brewing facility owned wholly by the transferring brewing facility shall maintain no less than a five-barrel brewing system.
(2) The quantity of beer transferred shall be included in the quantity limitation for selling products by a brewer to the public for on or off the licensed premises consumption in R.S. 26:241(18) for the brewing facility receiving the transferred beer.
(3) The quantity of beer transferred shall not exceed an amount greater than fifty percent of the receiving brewing facility's production of beer for the previous month.
(4) The receiving brewing facility shall remit all state and parish or municipal sales and excise taxes to the proper tax collecting authority for all products received and sold to the public.
Acts 2022, No. 467, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:271.1. Microbrewery; retail sales on or off premises

RS 26:271.1 - Microbrewery; retail sales on or off premises
A.(1) Any person who has properly obtained a microbrewer's permit as provided for in R.S. 26:271 shall be authorized to engage in the brewing of beer and other malt beverages in a quantity not to exceed twelve thousand five hundred barrels during the licensed year. The holder of such permit shall also be authorized to sell the manufactured beverages at retail for consumption on or off the licensed premises, if the holder also has been issued a Retailer, Class A permit.
(2) A licensed wholesaler may transfer from a permitted microbrewery to another permitted microbrewery up to fifty percent of the total manufactured beverages sold at the receiving microbrewery provided all of the following conditions are met:
(a) The microbrewery receiving the transferred manufactured beverages shall be wholly owned by the permitted microbrewery that brews the manufactured beverages authorized for transfer.
(b) The receiving microbrewery shall have, at a minimum, a ten-barrel brewing system.
(c) The microbrewery transferring the manufactured beverages shall be responsible for paying all applicable federal, state, and local excise taxes on the transferred manufactured beverages.
(d) Only one permitted microbrewery within the same municipality shall be allowed to receive the transfer of manufactured beverages pursuant to this Section.
(3) A licensed wholesaler transferring the manufactured beverages pursuant to this Section shall be exempt from the provisions of R.S. 26:359(A).
B. The provisions of this Section shall not authorize the holder of a microbrewer's permit to sell the manufactured beverages at wholesale.
C. Beverages produced by a microbrewer shall be taxed in the same manner and at the same rate as beverages produced by other breweries, as provided by law.
Acts 1989, No. 781, §1; Acts 2022, No. 550, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:271.3. Class C Permit; definitions

RS 26:271.3 - Class C Permit; definitions
A. For purposes of this Section, "Class C-Package Store" shall be defined as an establishment that meets all of the following:
(1) Operates as a place of business where alcoholic beverages are the principal commodity sold for off-premise consumption.
(2) Does not offer to sell, sell, or otherwise distribute motor fuel at the licensed establishment.
(3) Sells alcoholic beverages, including frozen specialty beverages, in closed containers prepared for transportation and consumption off the premises only.
(4) Has a public habitable floor area of no less than one thousand square feet.
(5) Does not allow any person under the age of eighteen to enter, visit, or loiter in or about the licensed establishment.
(6) Does not employ any person under the age of eighteen.
(7) Operates a package store whereby the primary sales of alcoholic beverages at the location are sales of factory-sealed containers for off-premises consumption. However, the retailer may sell alcoholic beverages for on-premise consumption not to exceed twenty percent of the business's annual revenue of alcoholic beverage sales. Such sales shall be subject to audits.
(8) Does not permit the mixing of alcoholic beverages or the sale and/or service of mixed alcoholic beverages on the premises of the licensed establishment; however, the mixing of frozen specialty beverages may be permitted according to rules and regulations promulgated by the commissioner pursuant to Subsection B of this Section.
B. The commissioner shall promulgate rules in accordance with the Administrative Procedure Act related to the requirements, qualifications, and conduct of Class C-Package Store licensees.
Acts 2006, No. 803, §1; Acts 2021, No. 314, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:271.4. Package house-Class B permit

RS 26:271.4 - Package house-Class B permit
Notwithstanding any provisions of law to the contrary and subject to rules promulgated by the commissioner, in addition to the authority to contract with a third-party delivery company or a third-party platform as provided in R.S. 26:308, a permit may be issued to a grocery store enabling the delivery of alcohol as defined in R.S. 26:2 and 241(1)(a) with its own employees or agents for which the retailer is required to file an Internal Revenue Service Form W-2 or 1099. Notwithstanding the provisions of R.S. 26:271(A)(2), the permit fee for the permit issued pursuant to this Section shall be two hundred fifty dollars.
Acts 2019, No. 433, §1, eff. June 22, 2019; Acts 2020, No. 115, §1, eff. June 9, 2020.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:273. Limitations on the issuance of state permits; exceptions

RS 26:273 - Limitations on the issuance of state permits; exceptions
A. The commissioner shall not:
(1) Issue a permit for the conduct of a business of dealing in beverages of low alcoholic content in any subdivision of the state wherein that business has been prohibited by a local option election held under the provisions of Chapter 3 of Title 26 of the Louisiana Revised Statutes of 1950.
(2) Issue a wholesale dealer's permit to a person or his spouse possessing a manufacturer's permit, retail dealer's permit of either Class A or Class B, or a microbrewer's permit. This prohibition does not apply to persons who have held both wholesale dealer's and retail dealer's permits continuously since July 31, 1946.
(3) Issue a retail dealer's permit to a person or his or her spouse possessing a manufacturer's permit or wholesale dealer's permit. This prohibition does not apply to persons who have held both wholesale dealer's and retail dealer's permits continuously since July 31, 1946.
(4) Issue a manufacturer's permit to a person or his or her spouse possessing a wholesale dealer’s permit, a retail dealer's permit, or a microbrewer's permit.
(5) Issue a microbrewer's permit to a person or his or her spouse possessing a manufacturer's permit or a wholesale dealer's permit.
(6) Issue a permit for the conduct of a business of dealing in beverages of low alcoholic content for any applicant who is delinquent in the paying of any sales taxes owed to the state, as indicated by the secretary of the Department of Revenue.
(7) Issue a permit of any class to any donut shop for the sale of alcoholic beverages. For purposes of this Paragraph, "donut shop" shall be defined as an establishment that meets all of the following:
(a) Sells donuts, pastries, or other confections.
(b) Does not operate a fully equipped kitchen used for the preparation of uncooked foods, other than donuts, pastries, or other confections, for service and consumption of such foods on the premises.
(c) Does not prepare and serve uncooked foods, other than donuts, pastries, or other confections, at least five days a week.
B. The terms "person" and "spouse" as used in this Section include an individual, partnership, unincorporated association of individuals, joint stock company, corporation, limited liability company, or any other business venture or any stockholder, partner, member, or participant thereof.
C. Repealed by Acts 2015, No. 62, §2.
Acts 1989, No. 781, §1; Acts 1992, No. 976, §1, eff. Jan. 1, 1993; Acts 1993, No. 432, §1; Acts 1995, No. 1081, §1, eff. June 29, 1995; Acts 1997, No. 658, §2; Acts 2001, No. 1188, §1, eff. June 29, 2001; Acts 2003, No. 519, §1, eff. June 20, 2003; Acts 2010, No. 155, §1; Acts 2015, No. 62, §2.