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-319 - High Alcoholic Content Beverages- Stocking, Pricing, and Rotating

Current through Register Vol. 50, No. 6, June 20, 2024
A. Persons holding
				  valid Louisiana wholesale alcoholic beverage permits, their agents, servants or
				  employees, manufacturers' agents, importers and brokers may price, stock and
				  rotate merchandise at retail premises only to the following extent.
1. Dealers in beverages of more than 6
				  percent alcohol by volume and in wine coolers containing more than 6 percent
				  alcohol by volume and pre-mixed beverages of any alcoholic content may build
				  and stock displays of their product on the premises of retail dealers. Displays
				  can in no way be part of the dealer's regular shelving. They may restock
				  displays for a maximum period of one month after the initial display has been
				  installed. They may not price the displays. They are prohibited from pricing
				  and stocking shelves on the premises of retail dealers and from affixing
				  security tags. Industry members are granted authority to maintain the quality
				  of their product on retail shelves, provided, that products purchased from
				  other industry members are not altered or disturbed. The act of picking up
				  alcoholic beverages in excess of 6 percent alcohol by volume for credit or
				  exchange from a retail dealer by a wholesale dealer is considered a consignment
				  sale and is therefore specifically prohibited.
2. No wholesale dealer of beverages that are
				  more than 6 percent alcohol by volume shall handle or move any alcoholic
				  beverages delivered to the premises of a retail dealer by a competing wholesale
				  dealer, nor shall a wholesale dealer reset all or any part of the alcoholic
				  beverages situated on the premises of a retail dealer, nor shall a wholesale
				  dealer engage in the initial setting of products into a new store, unless the
				  retail dealer sends notice, by certified mail to the Commissioner of Alcohol
				  and Tobacco Control, stating the date, time, and location permit number of the
				  contemplated movement, reset, or initial setting of alcoholic beverages. The
				  addition of new products into the alcoholic beverage section shall not
				  constitute a reset under the provisions of §319 Not less than one week
				  prior to the approved date of such activity, the retail dealer shall mail
				  copies both of the notice and commissioner's written approval, to all wholesale
				  dealers whose products are situated on their premises. The retail dealer shall
				  maintain a list of the names and addresses of the wholesale dealers receiving
				  such notice, and a copy of that list shall be filed with the Commissioner of
				  Alcohol and Tobacco Control.
3. A
				  wholesale dealer whose products are situated on the premises of a retail dealer
				  must be given the opportunity to participate in any movement or reset of those
				  products, and no retail dealer shall, under any circumstances, exclude a
				  wholesale dealer from such participation. The reset of all or any part of the
				  beverage alcohol situated on the premises of a retail dealer may not occur more
				  than twice during any calendar year. The stocking of cold boxes by a wholesale
				  dealer in a retail dealer's premises is permitted.
4. The spotting of shelves by a wholesale
				  dealer in a retail dealer's premises is prohibited. The act of manually
				  entering delivery or invoice information into the retail dealer's computer
				  system at the time of delivery is prohibited.
5. Except as authorized under §319,
				  employees of a wholesale dealer shall not, in connection with the sale or
				  delivery of alcoholic beverages to a retail dealer, provide any services
				  whatsoever to a retail dealer.