Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 3 - Liquor Credit Regulations › Section VII-301 - Regulation I- Liquor Credit Law

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Every delivery of liquor to retail dealers shall be accompanied by an invoice
				  of sale showing the name of the retail dealer, his trade name and permit
				  number, and the date of the invoice which shall be the date of actual
				  delivery.
B. Manufacturers and
				  wholesale dealers shall on each Monday morning mail to the commissioner, on a
				  form prescribed by him, delinquent reports containing all of the information
				  called for on said report.
C. The
				  dealers required to be reported as delinquent are those whose accounts were
				  delinquent as of 7 p.m. Sunday preceding the date of the report.
D. Delinquent retail dealers who pay their
				  deficiency in full by Monday mornings are not to be included on the delinquent
				  reports of that day.
E. Delinquents
				  are to be reported each Monday morning until their accounts have been paid in
				  full.
F. When collections are made
				  from delinquent retail dealers before the expiration of their credit period,
				  but too late to be processed on the wholesaler's or manufacturer's books and
				  included on their delinquent report, provided an affidavit, on a sample form to
				  be furnished by the commissioners, is executed by the person receiving the
				  payment, which affidavit is to be retained by the wholesaler or
				  manufacturer.
G. Delinquent reports
				  shall name all outlets and package houses owned or operated by the delinquent
				  retail dealer.
H. When
				  manufacturers and wholesale dealers are not open for business on Mondays,
				  reports shall be submitted on the last working day prior thereto, unless
				  notified to the contrary by the commissioner.
I. Triplicate copies of delinquent reports
				  are to be made by manufacturers and wholesale dealers, the original of which is
				  to be sent to the commissioner at Baton Rouge, one to the delinquent retail
				  dealer and one to be retained by the wholesale dealer or
				  manufacturer.
J. No sale of liquor,
				  except for cash (currency or silver), shall be made to a delinquent retail
				  dealer on or after the date a list containing his name has been published by
				  the commissioner.
K. A retail
				  dealer shall remain in default of credit until a list on which his name does
				  not appear has been published by the commissioner, or manufacturers and
				  wholesale dealers are notified to the contrary by the commissioner.
L. Any liquor salesman and/or any wholesale
				  liquor dealer who, either individually or collectively, coerces, or conspires
				  with, any retail liquor dealer to purchase alcoholic beverages on any terms
				  other than those permitted under R.S. 26:159 and these regulations shall
				  subject said liquor salesman, and/or said retail or wholesale liquor dealer to
				  a hearing with possible suspension of permit or permits for violation of Title
				  26 of the Revised Statutes of 1950, as amended, and these
				  regulations.
M. Any permittee who
				  remains in default over a period of 30 days, may be called to a hearing by the
				  commissioner to either suspend his permit or be placed on a permanent cash
				  basis, or both; and in the event the commissioner places any permittee on a
				  cash basis, all wholesale dealers shall be notified thereof in writing, and
				  after the receipt of such notice, no dealer shall sell, offer to sell, or
				  deliver any alcoholic beverages for any consideration other than cash until
				  otherwise advised in writing by the commissioner.
N. Any permittee placed on a permanent cash
				  basis by order of the commissioner may request recision of the order by
				  petitioning the commissioner in writing for a rehearing and the commissioner
				  may rescind his order upon the permittee satisfying the commissioner of his
				  financial responsibility to carry on his business on a credit basis.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 26:32.