Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 8 - Direct Delivery of Alcohol › Section VII-807 - Third Party Alcohol Delivery Service Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Third party alcohol delivery service
				  companies desiring to deliver alcohol to consumers in connection with a
				  delivery agreement with a retail dealer possessing valid class AR or B retail
				  permits shall first apply for and obtain a class T third party alcohol delivery
				  permit pursuant to this particular regulation (§807) and they shall adhere
				  to the following requirements in addition to the general requirements otherwise
				  enumerated in this chapter:
B. The
				  commissioner of Alcohol and Tobacco shall collect an initial and annual fee for
				  third party alcohol delivery service permits in the amount of $1,500 and same
				  shall expire and be renewable annually from date of first issuance.
C. Third party company or platform may enter
				  into an alcoholic beverage service delivery agreements with retail dealers
				  possessing valid class AR or B retail permits with the Office of Alcohol and
				  Tobacco Control that provide for the use by the retailer of an internet or
				  mobile application or similar technology platform to facilitate the sale of
				  alcoholic beverages for delivery to consumers for personal consumption and the
				  third party alcohol delivery service permittee may deliver the alcoholic
				  beverages so facilitated to the consumer.
D. Only malt beverages, sparkling wine, and
				  still wine, as defined in
				  R.S. 26:2
				  and 241 may be offered for delivery by third party delivery companies from the
				  licensed premises of a restaurant Class AR permit holder. Alcoholic beverages
				  as defined by
				  R.S.
				  26:2(1) and
				  26:241(1)(a)
				  may be offered for delivery by a third party delivery permittee from the
				  licensed premises of package house-class B permit holder. No alcoholic
				  beverages shall be offered for curbside pickup unless otherwise authorized
				  under the law or a separate rule or guidance. All delivery orders containing
				  alcoholic beverage shall also contain food.
E. No alcohol shall be delivered more than 10
				  miles from the place of purchased for any parish having a population greater
				  than 100,000 according to the latest federal decennial census. Additionally, no
				  alcohol shall be delivered more than 25 miles from the place of purchase for
				  any parish having a population of less than 100,000 according to the latest
				  federal decennial census.
F. No
				  alcohol shall be purchased or sold by the third party delivery service. The
				  third party delivery service is prohibited from charging a markup price for
				  alcohol sales, however third party delivery service may charge a reasonable
				  delivery fee. All transactions must be completed by the retail
				  dealer.
G. Third party company or
				  platform shall be licensed to do business in the state of Louisiana, use their
				  own employees or agents for which the third party delivery company or the third
				  party platform is required to file an Internal Revenue Service Form W-2 or 1099
				  for delivery, be able to monitor the routes of their employees during
				  deliveries, and conduct screenings and background checks of all employees that
				  will deliver alcoholic beverages.
H. Third party company or platform shall
				  maintain a general liability insurance policy with a liquor liability
				  endorsement in an amount no less than $1,000,000 per occurrence for the
				  duration of every agreement maintained with a retail dealer and they shall
				  provide proof of coverage to every retail dealer with whom they have an
				  agreement and notice to the retail dealer and the commissioner of the Office of
				  Alcohol and Tobacco Control if the coverage lapses or is cancelled.
I. The retail dealer shall manage and control
				  the sale of alcoholic beverages and shall accept or reject all orders placed
				  for alcoholic beverages through the third party delivery service permittees
				  internet or mobile application or similar technology, collect and remit all
				  applicable state and local taxes, determine the alcoholic beverages offered for
				  sale through the third party delivery service permittees internet or mobile
				  application or similar technology, and determine the price at which alcoholic
				  beverages are offered for sale or sold through the third party delivery service
				  permittees internet or mobile application or similar technology.
1. Any credit or debit card information
				  provided by a consumer to the third party permittee for the purpose of
				  transacting a purchase with a retail permittee shall automatically be directed
				  to the retail permittee to ensure that the retail permittee is:
a. the retail dealer at the time of
				  purchase;
b. is shown on the
				  receipt; and
c. receives the
				  payment from the consumer.