reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:596. Illegal transportation or delivery in prohibition area

RS 26:596 - Illegal transportation or delivery in prohibition area
A. When the sale of any alcoholic beverage containing more than one-half of one percent alcohol by volume is prohibited in any subdivision of this state, no wholesale or retail dealer or carrier for either of them shall deliver such beverage or cause such beverage to be transported or delivered in such subdivision to any retail or other dealer who participates or has participated in the purchase, barter, or exchange of such beverage, even though the purchase, barter or exchange be transacted outside of such subdivision. The provisions of this Section shall not apply to the transportation or delivery of alcohol or alcoholic beverages or substances for use solely in the preparation of medicines or for medicinal purposes by prescription departments of drug stores, hospitals, or other business establishments or persons licensed to compound or dispense medicines.
B. Whoever violates the provisions of this Section shall be punished by the same penalties as are fixed for illegal sales of alcoholic beverages by ordinances adopted by the subdivision wherein the offense occurred in accordance with the provisions of R.S. 26:595.
C. Nothing in this Section shall prohibit the transportation from a political subdivision where the sale of alcoholic beverages is legal to another political subdivision where the sale of alcoholic beverages is legal or intrastate transportation of alcoholic beverages in political subdivisions where the sale of alcoholic beverages is prohibited under this Chapter.
Added by Acts 1962, No. 366, §1; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:597. Alcoholic beverage sales in restaurants; authorization for propositions to be submitted to voters in certain elections

RS 26:597 - Alcoholic beverage sales in restaurants; authorization for propositions to be submitted to voters in certain elections
A.(1) The governing authority of Minden may submit to the voters in any election held in compliance with provisions of either R.S. 18:402(A), (B), or (F) a proposition that would determine whether or not the business of selling alcoholic beverage only in a restaurant may be conducted and licensed therein.
(2) However, any municipality with a population of not less than two thousand five hundred and not more than three thousand five hundred that has issued a license or permit after May 1, 2003, and on or before June 15, 2003, authorizing the sale and service of alcoholic beverages for consumption on the premises shall not be required to conduct an election notwithstanding any other law to contrary.
B. As used in this Section "restaurant" shall mean any business licensed to sell alcoholic beverages under the provisions of R.S. 26:73, R.S. 26:272, or both.
Acts 2003, No. 1211, §1, eff. July 3, 2003; Acts 2011, 1st Ex. Sess., No. 31, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:641. Definitions

RS 26:641 - Definitions
For purposes of this Chapter, the terms "alcoholic beverages", "beverages of low alcoholic content", and "beverages of high alcoholic content" have the same meanings ascribed to them in R.S. 26:241.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:651. Manufacture or preparation of poisonous beverages; penalty

RS 26:651 - Manufacture or preparation of poisonous beverages; penalty
A. No person shall manufacture, concoct, or prepare for sale any alcoholic beverage containing lye, nicotine, wood alcohol, india berries, or any other poisonous substance.
B. Whoever violates this Section shall be fined not more than one thousand dollars and imprisoned for not more than five years, with or without hard labor.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:652. Sale of poisonous beverages; penalty

RS 26:652 - Sale of poisonous beverages; penalty
A. No person shall sell or offer for sale any alcoholic beverage containing lye, nicotine, wood alcohol, india berries, or any other poisonous substance.
B. Whoever violates this Section shall be fined not more than three hundred dollars or imprisoned, with or without hard labor, for not more than one year, or both.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:653. Analysis of beverages in possession of arrested person

RS 26:653 - Analysis of beverages in possession of arrested person
Any officer who has made an arrest and found alcoholic beverages in the possession or control of the party arrested may have a sample of the beverages so found analyzed by the state board of health. The board shall make a report of its findings to the officer who furnished the sample.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:681. Providing alcoholic beverages to convict prohibited; penalty

RS 26:681 - Providing alcoholic beverages to convict prohibited; penalty
A. No person shall sell, send, or give any alcoholic beverage to, or procure or purchase any such beverage for any person incarcerated in any state, parish, or city prison within the state.
B. Whoever violates this Section shall be fined not less than ten dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than one hundred days, or both.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:711. "Blind tiger" defined

RS 26:711 - "Blind tiger" defined
A "blind tiger" is any place in those subdivisions of the state in which the sale of alcoholic beverages is prohibited where such beverages are kept for sale, barter, or exchange or habitual giving away, whether in connection with a business conducted at the place or not.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:712. Penalty for keeping blind tiger; destruction or sale of beverages

RS 26:712 - Penalty for keeping blind tiger; destruction or sale of beverages
Whoever keeps a blind tiger shall be fined not less than two hundred dollars nor more than five hundred dollars and imprisoned for not less than thirty days nor more than six months. The court shall order the alcoholic beverages found in the blind tiger destroyed or shall order the sheriff to sell same at public sale in a parish where such sales are not prohibited by law, to the highest bidder after due advertisement for ten days in the official journal of the parish; the net proceeds of such sales shall be turned over by the sheriff to the general fund of the parish in which the beverages were seized and sold.
Amended by Acts 1950, No. 299, §1; Acts 1952, No. 138, §1; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:713. Searches and seizures

RS 26:713 - Searches and seizures
Any place suspected of being a blind tiger shall be searched by an officer designated in a search warrant and any alcoholic beverages found therein shall be seized and brought before the court issuing the warrant. The warrant may be issued by any court having power of a committing magistrate upon the filing of an affidavit reciting the fact that affiant believes a certain designated place to be a blind tiger, together with such additional evidence as the court may require in order to make out a prima facie case. The officer to whom the search warrant is directed shall make his return thereon within twenty-four hours after it is issued and shall bring into court any alcoholic beverages he may have found together with all persons found in the place where the beverages were found.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:714. Soliciting sale of alcoholic beverages in prohibition area; penalty

RS 26:714 - Soliciting sale of alcoholic beverages in prohibition area; penalty
A. No person shall seek, solicit, or receive orders from anyone for the purchase of alcoholic beverages within the limits of any municipality, ward, or parish in which the retailing of such beverages is prohibited.
B. Whoever violates this Section shall be fined not more than one hundred dollars or imprisoned for not more than six months, or both.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:715. Prescribing beverages of high alcoholic content as medicine to evade prohibition law; penalty

RS 26:715 - Prescribing beverages of high alcoholic content as medicine to evade prohibition law; penalty
Any physician or practitioner of medicine who prescribed beverages of high alcoholic content for any person with intent to evade, or with intent to assist others to evade, any state law or local ordinance prohibiting the sale and consumption, or either, of beverages of high alcoholic content shall be fined not less than one hundred dollars nor more than five hundred dollars and imprisoned for not less than thirty days nor more than four months.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:741. Sales of beer and other malt beverages by wholesalers to retailers

RS 26:741 - Sales of beer and other malt beverages by wholesalers to retailers
A. All sales of beer and other malt beverages containing more than one-half of one per cent alcohol by volume made by wholesalers to retailers shall be for cash only.
B. The term "cash" as used in this Section means any consideration consisting of currency, or coin, or check, or certified check, or bank money order, in an amount equalling but not exceeding the purchase price of the beer or other malt beverage delivered. The failure to pay cash upon delivery, or any maneuver, device, or shift of any kind, whereby credit is extended, shall constitute a violation of this Section and subject the license of any violator of this Section to suspension or revocation by the commissioner.
C. The term "check" as used in this Section is an order in writing by a retail beer permittee drawn on, and in accordance with the rules of any bank licensed under the laws of this State, or of the United States of America, ordering said bank to pay a certain sum of money to the beer wholesale permittee making the sale, which check is honored by the bank upon presentation.
D. The commissioner shall promulgate rules and regulations defining terms, specifying conditions by which checks and other cash, as defined in Subsections A and B hereof, may be accepted in payment of beer and other malt beverages and establishing procedures and making requirements to be followed by wholesale dealers in attending hearings, depositing checks, filing reports of checks returned unpaid by the bank, and maintaining records. The violation of such regulations when duly promulgated and enacted may be cause for suspension or revocation of the violator's license by the commissioner. Any action of the commissioner under this Section providing for suspension or revocation of a permit shall be preceded by a notice to the violator and hearing by the commissioner or his agent.
Amended by Acts 1962, No. 175, §1; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:791. Commissioner of alcohol and tobacco control; establishment, commissioner, term

RS 26:791 - Commissioner of alcohol and tobacco control; establishment, commissioner, term
There is hereby created and established within the Department of Revenue, as an administrative unit thereof, the office of alcohol and tobacco control, the head of which shall be the commissioner who shall also be the assistant secretary of the office of alcohol and tobacco control, appointed by the governor with the advice and consent of the Senate of Louisiana to serve at his pleasure. The commissioner shall be a full-time employee and shall receive an appropriate salary as fixed by the governor.
Added by Acts 1972, No. 128, §1, emerg. eff. June 27, 1972, at 1:15 P.M.; Acts 1987, No. 696, §1; Acts 1995, No. 1188, §2, eff. June 29, 1995; Acts 1997, No. 1370, §4, eff. Oct. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:792. Powers and duties

RS 26:792 - Powers and duties
The commissioner shall have all of the powers and authorities provided in this Title in relation to:
(1) The issuance and renewal of permits required by law for persons engaging in the business of dealing in beverages of high and low alcoholic content, provided that no wholesale permit shall be issued or renewed without the applicant's first furnishing evidence to the commissioner that the bond required under R.S. 26:348 has been secured;
(2) The issuance of orders for the suspension or revocation of permits issued to persons engaging in the business of dealing in beverages of high or low alcoholic content, and all hearings thereon shall be conducted by the commissioner in accordance with the provisions of R.S. 26:98 through R.S. 26:108, appeals from his rulings to be made directly to any court of competent jurisdiction;
(3) All other provisions of law regarding beverages of high or low alcoholic content, except as hereinafter specifically provided.
(4) Investigating and enforcing the provisions of this Title against unlicensed persons engaged in activities which require a permit pursuant to this Title.
Added by Acts 1972, No. 128, §1, emerg. eff. June, 27, 1972, at 1:15 P.M. Amended by Acts 1975, No. 214, §1, eff. Jan. 1, 1976; Acts 1987, No. 696, §1; Acts 2011, No. 96, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:794. Powers and duties; application and renewal procedures

RS 26:794 - Powers and duties; application and renewal procedures
A. The commissioner, shall have the authority to implement the following application and renewal procedures by establishing rules and regulations therefor:
B.(1) Applications for original permits or for renewal permits authorized under the provisions of this Title may be made at the same time and on one application form.
(2) Permits authorized under this Title may be issued or renewed once for a period not to exceed eighteen months, in order that a program of staggered renewal of applications may be implemented. The fee charged for permits issued for longer than twelve months shall be increased in a manner so that the permit fee on an annual basis equals the fee charged for the permit under the provisions of this Title.
Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:795. Collection of fees and penalties; lists of permittees and establishments; definitions

RS 26:795 - Collection of fees and penalties; lists of permittees and establishments; definitions
A. All fees and penalties authorized by Chapter 1 and Parts I and II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950, shall be collected by the commissioner.
B. The commissioner shall prepare and keep current a list or lists, by classes, of all licensed dealers in regulated alcoholic beverages in the state. These lists shall show the name and address of the permittee, the number and class of permits, the name and address of each establishment, and any other information thought pertinent by the commissioner. The lists are public records and shall be made available for public inspection as otherwise provided by law.
C. To assist wholesale dealers in assuring that they sell alcoholic beverages only to retail dealers who possess valid and current permits, the commissioner shall furnish wholesalers with periodic reports of expired retail permits at no charge to the wholesalers.
D. For purposes of this Section, the following terms have the respective meaning ascribed to them in this Subsection, unless a different meaning clearly appears from the context:
(1) "Alcoholic beverages" means any fluid or any solid capable of being converted into fluid, suitable for human consumption, and containing more than one-half of one percent alcohol by volume, including malt, vinous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider, or wine.
(2) "Dealer" means any person who, as a business, manufactures, blends, rectifies, distills, processes, imports, stores, uses, handles, holds, sells, offers for sale, distributes, delivers, serves, or transports any alcoholic beverage in the state or engages herein in any business transaction relating to any such beverage.
Added by Acts 1972, No. 128, §1, emerg. eff. June 27, 1972 at 1:15 P.M. Amended by Acts 1974, No. 704, §1; Acts 1975, No. 214, §1, eff. Jan. 1, 1976; Acts 1985, No. 736, §1; Acts 1987, No. 696, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:796. Employees, commissioned officers

RS 26:796 - Employees, commissioned officers
A. The commissioner, subject to the limitation of any civil service law in effect, shall establish positions within his office and make appointments thereto; abolish positions; transfer duties between positions; or assign duties to, direct and control the work of, and transfer, promote, demote, remove, and otherwise change the status of employees subject to his jurisdiction.
B. The commissioner shall appoint and commission officers within his office who shall be P.O.S.T.-certified and shall enforce the laws regarding the regulation and control of alcoholic beverages, may carry weapons concealed or exposed while in the performance of these duties, and shall be vested with the same authority and powers conferred by law upon regular law enforcement officers of this state.
Added by Acts 1972, No. 128, §1, emerg. eff. June 27, 1972, at 1:15 P.M. Acts 1987, No. 696, §1; Acts 1995, No. 1188, §2, eff. June 29, 1995.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:797. All legal remedies available for enforcement of law; bond unnecessary for commissioner; summary trial

RS 26:797 - All legal remedies available for enforcement of law; bond unnecessary for commissioner; summary trial
A. The remedies provided by this Chapter for the accomplishment of its purposes are not intended to be exclusive, but, on the contrary, the commissioner and any other person having any duty to perform in the enforcement thereof, may resort to any other remedies, at law or equity, available to litigants generally.
B. The commissioner shall not be required to furnish any bond or pay any costs in any judicial proceeding in the courts of the state. All actions brought by, for, or in the name of the office of alcohol and tobacco control shall be summary and triable by preference in all such courts.
Acts 1987, No. 696, §1; Acts 1995, No. 1188, §2, eff. June 29, 1995; Acts 1997, No. 1370, §4, eff. Oct. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:798. Licenses; exception

RS 26:798 - Licenses; exception
Notwithstanding any other law to the contrary, the licenses or permits required by Title 26 to be issued by the commissioner to engage in the business of dealing in alcoholic beverages shall be the only licenses required of a person or entity to conduct any business of dealing in alcoholic beverages except occupational licenses, health permits, fire safety and other safety permits, and permits for dealing in alcoholic beverages required by a parish or municipal governing authority, any fire safety permits required by the state fire marshal, any permit that may be required by the Riverboat Gaming Enforcement Division, office of state police, and any licenses required by federal law or federal regulations.
Acts 1995, No. 691, §1, eff. June 22, 1995.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:799. Microfilm or microfiche records; electronic digitized records

RS 26:799 - Microfilm or microfiche records; electronic digitized records
A. The office of alcohol and tobacco control may install and use microfilm or microfiche machinery or electronic digitizing machinery and apparatus in the recordation, filing, and preservation of all records, forms, and documents referred to in this Title, in order to conserve storage space, if the use of such microfilm or microfiche machinery or electronic digitizing machinery and apparatus is not otherwise prohibited by law.
B. Such microfilm, microfiche, or electronic digitized copy shall be deemed to be an original record for all purposes, and shall be admissible in evidence in all courts or administrative agencies. A facsimile, exemplification, or certified copy thereof shall, for all purposes, be deemed to be a transcript, exemplification, or certified copy of the original.
Acts 1995, No. 1188, §2, eff. June 29, 1995; Acts 1997, No. 1370, §4, eff. Oct. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:800. Criminal records access

RS 26:800 - Criminal records access
The commissioner and duly commissioned officers or agents of the office of alcohol and tobacco control are authorized to have direct access by means of computer interfacing to criminal history records maintained by the office of state police for the purpose of granting, denying, or any other action on an application for a permit or for revocation, suspension, or other action on a permit previously issued.
Acts 1995, No. 1188, §2, eff. June 29, 1995; Acts 1997, No. 1370, §4, eff. Oct. 4, 1997.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:801. Legislative intent and purpose

RS 26:801 - Legislative intent and purpose
The legislative intent and purpose of this Chapter are to provide a structure for the business relations between a wholesaler and a supplier of beer. Regulation in this area is considered necessary for the following reasons:
(1) To maintain stability and healthy competition in the beer industry in this state.
(2) To promote and maintain a sound, stable, and viable three-tier system of distribution of beer to the public.
(3) To promote the public health, safety, and welfare.
Acts 1993, No. 132, §1, eff. May 26, 1993.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:804. Prohibited acts by wholesaler

RS 26:804 - Prohibited acts by wholesaler
A wholesaler shall not do any of the following:
(1) Fail to devote such efforts and resources to the sale and distribution of all the supplier's brands of beer which the wholesaler has been granted the right to sell or distribute as are required in the wholesaler's agreement with the supplier.
(2) Sell or deliver beer to a retail licensee located outside the sales territory designated to the wholesaler by the supplier of a particular brand or brands of beer. However, during periods of temporary service interruptions impacting a particular sales territory, a supplier may appoint another wholesaler to service the sales territory during the period of temporary service interruption. A wholesaler who is designated to service the impacted sales territory during the period of temporary service interruption shall not be in violation of this Chapter, and shall not have any of the rights provided under R.S. 26:805 and 807 with respect to the temporary service territory.
(3) Transfer the wholesaler's business without giving the supplier written notice of intent to transfer the wholesaler's business and, when required by this Chapter, receiving the supplier's approval for the proposed transfer. Consent or approval of the supplier shall not be required of any transfer of the wholesaler's business to a designated member, or of any transfer of less than ten percent of the wholesaler's business unless such transfer results in a change in control. However, the wholesaler shall give the supplier written notice of any change in ownership of the wholesaler.
Acts 1993, No. 132, §1, eff. May 26, 1993.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:806. Transfer of wholesaler's business; interference prohibited

RS 26:806 - Transfer of wholesaler's business; interference prohibited
A. Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may transfer the wholesaler's business to a designated member, or to any other person who meets the nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. The consent or approval of the supplier shall not be required for any transfer of the wholesaler's business, including the assignment of the wholesaler's rights under the agreement, to a designated member or shall not be withheld or unreasonably delayed to a proposed transferee who meets such nondiscriminatory, material, and reasonable qualifications and standards. A designated member or transferee shall in no event be qualified as a transferee, without the written approval or consent of the supplier, when such proposed transferee has been involved in any of the following:
(1) Insolvency, filing of any voluntary or involuntary petition under any bankruptcy or receivership law, or execution of an assignment for the benefit of creditors.
(2) Revocation or suspension of an alcoholic beverage license by the regulatory agency of the United States or any state, whereby service was interrupted for more than thirty-one days.
(3) Conviction of the proposed transferee or any owner thereof of a felony under the United States Code or the laws of any state which reasonably may adversely affect the goodwill or interest of the wholesaler or supplier.
(4) Had an agreement involuntarily terminated, cancelled, not renewed, or discontinued by a supplier for good cause.
B. The supplier shall not interfere with, prevent, or unreasonably delay the transfer of the wholesaler's business, including an assignment of wholesaler's rights under the agreement, if the proposed transferee is a designated member or if the transferee other than a designated member meets such nondiscriminatory, material, and reasonable qualifications and standards required by the supplier for similarly situated wholesalers. If the transferee is other than a designated member, the supplier may in good faith and for good cause related to the reasonable qualifications refuse to accept the transfer of the wholesaler's business or the assignment of the wholesaler's rights under the agreement.
Acts 1993, No. 132, §1, eff. May 26, 1993.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:808. Wholesaler may not waive rights; agreement to waive void

RS 26:808 - Wholesaler may not waive rights; agreement to waive void
A wholesaler may not waive any of the rights granted in any provision of this Chapter and the provisions of any agreement which would have such an effect shall be null and void. Nothing in this Chapter shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
Acts 1993, No. 132, §1, eff. May 26, 1993.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:809. Application to future agreements; transferee continues under agreement

RS 26:809 - Application to future agreements; transferee continues under agreement
A. This Chapter shall apply to agreements entered into or renewed after May 26, 1993.
B. A transferee of a wholesaler that continues in business as a wholesaler shall have the benefit of and be bound by all terms and conditions of the agreement with the supplier in effect on the date of the transfer. However, a transfer of a wholesaler's business which requires the supplier's consent or approval but is disapproved by the supplier shall be null and void.
Acts 1993, No. 132, §1, eff. May 26, 1993.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:810. Civil action for violations; damages; venue

RS 26:810 - Civil action for violations; damages; venue
A. If a supplier or wholesaler engages in conduct prohibited under this Chapter, a wholesaler with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages reasonably incurred as the result of the prohibited conduct.
B. A supplier or wholesaler that violates any provision of this Chapter shall be liable for all actual damages and all court costs and, in the court's discretion, reasonable attorney fees incurred by a wholesaler as a result of that violation.
C. A supplier or wholesaler may bring an action for declaratory judgment for determination of any controversy arising pursuant to this Chapter.
D. Upon proper application to the court, a supplier or wholesaler may obtain injunctive relief against any violation of this Chapter.
E. Any legal action taken under this Chapter or in a dispute over the provisions of an agreement shall be filed in a court, state or federal, located in Louisiana, which state court is located in, or which federal court has jurisdiction and venue of, the parish in which the wholesaler maintains its principal place of business in this state.
Acts 1993, No. 132, §1, eff. May 26, 1993.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:811. Nonwaiver

RS 26:811 - Nonwaiver
No right or cause of action authorized by Louisiana law shall be waived by the supplier or wholesaler unless specifically waived in this* agreement.
Acts 1993, No. 132, §1, eff. May 26, 1993.
*As appears in enrolled bill.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:813. Obligations of successor

RS 26:813 - Obligations of successor
A successor shall become obligated to all the terms and conditions of the agreement in effect on the date of succession. This Section shall be applicable regardless of the character or form of the succession. A successor has the right to contractually require its wholesalers to comply with standards of performance, if standards are uniformly established and enforced for all of the successor's similarly situated wholesalers and conform to the provisions of this Chapter.
Acts 2016, No. 386, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:902. Permits

RS 26:902 - Permits
The commissioner shall issue as authorized by this Section the following types of permits and shall adopt rules and regulations that specify the identifying information that is required to appear on the face of each type of permit:
(1) Retail Dealer Permit. A retail dealer permit shall be issued to a dealer other than a wholesale dealer or vending machine operator for each retail outlet where cigars, cigarettes, other tobacco products, alternative nicotine products, or vapor products are offered for sale either over the counter or by vending machine.
(2)(a) Stamping Agent Designation. A stamping agent designation shall be issued to a dealer that engages in the business of purchasing unstamped or non-tax paid cigarettes that meets all requirements of a wholesale dealer as defined by this Chapter, the provision of R.S. 26:906(H), and any rules or regulations issued in connection therewith.
(b) The holder of a valid stamping agent designation that engages in interstate business or affixes tax stamps of another state shall first apply for an exporter license allowing it to purchase or possess unstamped or non-tax paid cigarettes.
(3) Vending Machine Operator Permit. A vending machine operator permit shall be issued to a vending machine operator operating one or more vending machines. Licensed wholesale dealers who operate vending machines shall not be required to obtain a vending machine operator permit.
(4) Vending Machine Permit. A vending machine permit shall be issued to the vending machine operator or wholesale dealer for each vending machine he operates and such permit shall be affixed to the front surface of the vending machine in a location as designated by the commissioner.
(5) Wholesale Dealer Permit. A wholesale dealer permit shall be issued to a wholesale dealer for each wholesale place of business operated by the wholesale dealer.
Acts 1997, No. 1370, §2, eff. Oct. 1, 1997; Acts 2012, No. 143, §1; Acts 2013, No. 221, §2; Acts 2014, No. 278, §2, eff. May 28, 2014.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:903. Permit fees

RS 26:903 - Permit fees
The fees for each permit shall not exceed amounts provided for in the following schedule and in accordance with regulations promulgated pursuant to the provisions of the Administrative Procedure Act:
(1) Retail dealer permit - $ 25.00 per year or any portion thereof.
(2) Vending machine operator - $75.00 per year or any portion thereof.
(3) Vending machine - $5.00 per machine per year or any portion thereof.
(4) Wholesale dealer - $75.00 per year or any portion thereof.
(5) Tobacconist - The commissioner of alcohol and tobacco control shall promulgate rules to issue a single permit for bona fide Louisiana tobacconists. Such single permit shall allow any bona fide Louisiana tobacconist to operate as a retail tobacco dealer and as a wholesale tobacco dealer. Any fee assessed for such single tobacconist permit shall be one hundred dollars.
Acts 1997, No. 1370, §2, eff. Oct. 1, 1997; Acts 2010, No. 412, §1; Acts 2012, No. 26, §1; Acts 2012, No. 143, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:904. Permit terms

RS 26:904 - Permit terms
A. Except as otherwise provided in this Section, each permit shall be valid for the designated time period unless suspended or revoked. The commissioner may issue permits which are valid for two years to applicants in good standing with the office of alcohol and tobacco control.
B. To provide for the even distribution of the expiration and renewal of tobacco product permits, the commissioner may establish by administrative rule a system by which the expiration dates of the permits are staggered throughout the year. Permits issued may vary in length from six months to twenty-four months. The fee for the permits shall be apportioned to comply with the yearly fee established in this Chapter.
C. Prior to issuing any permits valid for more than one year, the commissioner shall promulgate rules in accordance with the Administrative Procedure Act to provide the requirements, qualifications, and conduct which constitutes "good standing" for purposes of qualifying for a two-year permit.
D. An exporter license issued pursuant to R.S. 26:902(2)(b) shall remain in effect for a period of one year.
Acts 1997, No. 1370, §2, eff. Oct. 1, 1997; Acts 2011, No. 259, §1; Acts 2012, No. 143, §1; Acts 2013, No. 221, §2.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:905. Renewal of a permit

RS 26:905 - Renewal of a permit
A. Persons holding permits under this Chapter shall annually file application for renewal for the ensuing year and pay the permit fees in accordance with this Chapter. If the commissioner has authorized permits which are valid for two years as authorized by the provisions of R.S. 26:904, the person holding the permit shall file for renewal and pay fees in accordance with this Chapter and as authorized by rules adopted by the commissioner pursuant to the Administrative Procedure Act.
B. If a dealer fails to file an 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 twenty-five percent if the failure is not more than thirty days, with an additional twenty-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 possess or sell tobacco products, alternative nicotine products, and vapor products.
C. Renewal permits may be withheld or denied on the same grounds and in the same manner as an original permit.
Acts 1997, No. 1370, §2, eff. Oct. 1, 1997; Acts 2011, No. 259, §1; Acts 2012, No. 143, §1; Acts 2014, No. 278, §2, eff. May 28, 2014.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:907.1. Commissioner's examination of records

RS 26:907.1 - Commissioner's examination of records
The commissioner shall have the authority to examine invoices and sales and tax records of the holder of any permit issued under this Chapter. Such examination shall be conducted for the purpose of determining whether the permittee is a bona fide wholesale dealer or retail dealer who is operating in compliance with the requirements of this Chapter. The invoices and records examined shall be held confidential and shall not be made public by the commissioner unless it is necessary for them to be used in a judicial or administrative action to determine such matter.
Acts 2006, No. 108, §1, eff. July 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:908. Issuance of permit

RS 26:908 - Issuance of permit
A. The commissioner may issue the permits immediately upon receipt of the application unless the application fails to comply with R.S. 26:906. For a period of thirty-five days after issuance, during which time the commissioner shall conduct a proper investigation, the permittee shall operate on a probationary basis subject to final action on or withholding of the permits as hereinafter provided.
B. The commissioner shall investigate all applications for permits and shall withhold the issuance of the permit where that action is justified under this Chapter. The decision to withhold the permit shall be made within thirty-five calendar days of the filing of the application. Any intentional misstatement or suppression of a material fact in an application shall constitute grounds for denial of the permit.
C. Within five calendar days of the decision to withhold the permit, the commissioner shall notify the applicant in writing of the withholding of the permit and shall assign the reasons therefor. Such notice shall be either delivered to the applicant in person or sent to him by registered mail at the business address given in his last application. When so addressed and mailed, the notice shall be presumed to have been received by the applicant.
D. No exporter license may be issued to a person that violated a certification it previously made under R.S. 26:906(J)(2).
Acts 1997, No. 1370, §2, eff. Oct. 1, 1997; Acts 2013, No. 221, §2.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:909.1. Cash or short-term sales only; notification; penalty for violation

RS 26:909.1 - Cash or short-term sales only; notification; penalty for violation
A. No manufacturer or wholesale dealer shall sell, offer to sell, or deliver any tobacco products to any retail dealer in this state, and no retail dealer in tobacco products shall buy or accept delivery for any such product for any consideration other than cash or on terms. If payment is not received when due or payment is returned for insufficient funds, the vendor shall within five business days, notify the commissioner thereof and the commissioner shall promptly notify all manufacturers and wholesale dealers in the state of the default in payment and thereafter no person shall sell any tobacco products to the retailer in default on any other terms than cash delivery, until otherwise authorized by the commissioner. Under penalty of suspension of the 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 the provisions of this Section may have his permit suspended for not more than five days for the first offense and not more than thirty days for any 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 tobacco products subsequently sold or delivered to him.
C. The commissioner shall promulgate rules and regulations for the enforcement of this Section.
Acts 2015, No. 335, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:910. Vending machines

RS 26:910 - Vending machines
In order to prevent persons under twenty-one years of age from purchasing or receiving tobacco products, alternative nicotine products, or vapor products from vending machines, the sale or delivery of such products through a vending machine is prohibited unless either of the following apply:
(1) The machine is located in an establishment to which persons under the age of twenty-one are denied access.
(2) The machine is located in facilities where the dealer ensures that no person younger than twenty-one years of age is present or permitted to enter at any time and the machine is located within the unobstructed line of sight of a dealer or a dealer's agent or employee who is responsible for preventing persons younger than twenty-one years of age from purchasing tobacco products, alternative nicotine products, or vapor products through that machine.
Acts 1997, No. 1370, §2, eff. Oct. 1, 1997; Acts 2014, No. 278, §2, eff. May 28, 2014; Acts 2021, No. 403, §2; Acts 2022, No. 34, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:910.1. Self-service displays

RS 26:910.1 - Self-service displays
A. In order to prevent persons under twenty-one years of age from purchasing or receiving tobacco products, alternative nicotine products, or vapor products from self-service displays, the sale or delivery of such products through a self-service display is prohibited unless the machine is a vending machine as defined in R.S. 26:910 that complies with the terms and provisions of that Section.
B.(1) The provisions of this Section shall not apply to a tobacconist at a particular outlet or a retail tobacco business.
(2) "Retail tobacco business" for purposes of this Section means a bona fide retail dealer engaged in the sale of tobacco products and accessories for retail sale where fifty percent or more of the total sales for the preceding twelve months, excluding fuel sales, were tobacco products, including cigarettes, alternative nicotine products, or vapor products.
(3) "Tobacconist at a particular outlet" for purposes of this Section means a bona fide retail dealer engaged in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale at a particular retail outlet where fifty percent or more of the total purchases for the preceding twelve months were purchases of tobacco products, excluding cigarettes, alternative nicotine products, or vapor products.
Acts 2009, No. 162, §1; Acts 2014, No. 278, §2, eff. May 28, 2014; Acts 2021, No. 403, §2; Acts 2022, No. 34, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:912. Permits; necessity of display; penalties

RS 26:912 - Permits; necessity of display; penalties
A. A permit issued under this Chapter is a personal privilege and cannot be transferred, assigned, or inherited. The permit must be returned to the office of alcohol and tobacco control or surrendered to an agent of the commissioner within five days of permanently ceasing business operations or when there is a change in ownership. If the permit holder is a corporation or limited liability company, the permit holder shall notify the office of alcohol and tobacco control of any changes in the officers, directors, managers, shareholders, or members within fifteen days of the date of such changes. The notification shall include the suitability documents and information for each new individual required to possesses the qualifications of the applicants. If the business is physically relocated during the permit period, the permit holder must notify the commissioner in writing prior to relocating.
B. The permit shall at all times be publicly displayed by the dealer in his principal place of business so as to be easily seen by the public unless the dealer is solely a vending machine operator. The failure of a dealer or vending machine operator to publicly display his permits, as required by this Chapter, shall be grounds for the issuance of a fine or the withholding, suspension, or revocation of the permit.
C. Each permit shall include a unique number assigned by the commissioner.
D. Nothing herein shall prohibit an individual, partnership, or corporation otherwise qualified from obtaining multiple permits.
Acts 1997, No. 1370, §2, eff. Oct. 1, 1997; Acts 2012, No. 143, §1; Acts 2014, No. 12, §1, eff. May 7, 2014.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:913. Violation

RS 26:913 - Violation
No person shall perform any action for which a permit is required by this Chapter unless he holds the proper permit. Each day of business which is conducted without such a valid, unsuspended permit shall constitute a separate violation of this Chapter.
Acts 1997, No. 1370, §2, eff. Oct. 1, 1997; Acts 2012, No. 143, §1.
2023 Louisiana Laws › Revised Statutes › Title 26 - Liquors-Alcoholic Beverages › §26:914. Exceptions

RS 26:914 - Exceptions
Any person not otherwise a dealer coming into possession of any cigar, cigarette, or tobacco product as executor, administrator, trustee, or other fiduciary, as security for or in payment of a debt, or as an insurer, or its transferee or assignee for the salvage or liquidation of an insured casualty or damage or loss, or as an administrator or executor of a succession, may sell the tobacco product in one lot or parcel to a duly licensed wholesale or retail dealer without qualifying as a dealer. Immediately after taking possession of the cigar, cigarette, or smoking tobacco, the person shall register with the secretary and furnish to him a detailed list of the tobacco products and post with the secretary a bond in such amount as the secretary deems sufficient to protect the state from any taxes due on the cigar, cigarette, or tobacco product. The person shall pay to the secretary a registration fee of ten dollars, which fee shall permit the sale of only the cigar, cigarette, or tobacco product detailed in the registration request.
Acts 1997, No. 1370, §2, eff. Oct. 1, 1997.