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-803 - Package Store Retail Alcohol Delivery Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Retailers holding a valid class B retail
				  liquor permit, retailers holding a valid class C retail liquor permit, and
				  retailers holding a valid retail liquor permit that allows for off-premises
				  consumption shall be allowed to apply for, obtain, and maintain a class P
				  retail alcohol delivery permit pursuant to this particular regulation
				  (§803) 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 the initial and annual licensure fee for class P retail alcohol
				  delivery permits in the amount of $250 and same shall expire and be renewable
				  at the same time as the holders alcohol permit.
C. Each and every order for the delivery of
				  alcoholic beverages received by a class P retail alcohol delivery permit holder
				  shall include food with each order.
D. All alcohol delivery transactions
				  initiated by a consumer shall be processed, assembled, packaged, and fulfilled
				  at the retailers permitted physical premises wherein the order was received.
				  All transactions can be processed, assembled, packaged, and fulfilled by the
				  permittee, a W-2 employee of the permittee, a third party, a third party
				  platform, or an authorized agent.
E. Deliveries to consumers shall only be made
				  by the permittee, a W-2 employee of the permittee, a third party, a third party
				  platform, or an authorized agent.
F. Alcoholic beverages shall not be delivered
				  without verifying the identity and age of the recipient by reading a valid
				  state-issued photo identification card, valid military identification card,
				  valid passport of the person, or through the use of a real-time electronic age
				  verification device or application shall be approved by the commissioner of
				  Alcohol and Tobacco Control.
G.
				  Notwithstanding any law, rule, or regulation to the contrary, the permittee may
				  use electronic means to market, receive, and process orders for alcohol
				  products.
H. The permittee may
				  market, receive, and process orders for alcohol products using electronic means
				  owned, operated, and maintained by a third party, provided that:
1. the permittee maintains ultimate control
				  and responsibility over the sales transaction, the transfer of the physical
				  possession of the alcoholic beverages, and the collection and remittance of all
				  applicable state and local taxes;
2. the permittee retains the sole discretion
				  to determine whether to accept and complete an order or reject it and the
				  permittee, or a W-2 employee of the permittee, reviews, and accepts or rejects
				  each order;
3. the permittee
				  retains the independence to determine which alcoholic beverages are made
				  available through electronic means and which alcoholic beverages are made
				  available for delivery to the consumer either at their licensed physical
				  premises itself or at another address designated by the consumer;
4. the permittee independently sets the price
				  of alcoholic beverages being offered for delivery;
5. any credit or debit card information
				  provided by a consumer to the third party for the purpose of transacting a
				  purchase is automatically directed to the permittee such that the transaction
				  takes place between the consumer and the permittee and the permittee appears as
				  the retail dealer at the time of purchase and the receipt;
6. the permittee, or a W-2 employee of the
				  permittee, shall processes at the physical premises that accepted the orders
				  and payments initiated by a consumer;
7. the relationship between the permittee and
				  the third party shall be one of independent contractors and neither party shall
				  be deemed the employee, or joint venture of the other party under any
				  circumstances or for any purposes;
8. the third party shall not deal, handle,
				  sell, offer for sale, or possess for sale alcoholic beverages or process
				  payments for the sale of alcoholic beverages.