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-801 - General Direct Delivery Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to any alcohol retailer or third
				  party alcohol delivery service engaging in the delivery of alcoholic beverages,
				  same shall obtain an alcoholic beverage delivery permit from the commissioner
				  of the Office of Alcohol and Tobacco Control and shall adhere to the following
				  requirements.
1. Only alcoholic beverages
				  intended for personal consumption and delivered in a manufacturer sealed
				  container may be offered for delivery.
Manufacturer sealed
				  container
as used in this chapter shall mean the original sealed
				  container that is filled with the alcoholic beverage at the permitted facility
				  by the manufacturer as defined in
				  R.S.
				  26:2(12) and 241(10). The
				  delivery of an
open alcoholic beverage container
as defined by
				  R.S.
				  32:300 is prohibited;
2. Delivery shall be permitted only in those
				  areas where the sale of alcoholic beverages is permitted. Delivery shall be
				  prohibited in any area where it has been prohibited by a referendum vote or the
				  local governing authority.
3.
				  Delivery by a retailer shall not extend past the boundaries of the parish where
				  the retailers permitted establishment is located and shall be made only to a
				  residential or commercial address. Third party delivery radius shall be
				  determined by the parish population. For any parish having a population of less
				  than 100,000 according to the latest federal decennial census, no alcoholic
				  beverages shall be delivered more than 25 miles from the place of purchase. For
				  any parish having a population of greater than 100,000 according to the latest
				  federal decennial census, no alcoholic beverages shall be delivered more than
				  10 miles from the place of purchase.
4. Orders for alcohol delivery of any type
				  may only be accepted and processed if the permitted premises receiving the
				  order has actual physical possession of the alcoholic beverage being ordered on
				  the physical premises at the time the order is accepted and can fulfilled the
				  order from stock on-hand.
5. The
				  alcoholic beverages of all deliveries which are refused by a third party or
				  incapable of being delivered for any reason shall be returned to the place of
				  purchase.
6. Alcohol beverage
				  delivery permit holders must verify that a consumer placing an order for
				  alcohol delivery is of legal drinking age.
7. Alcoholic beverages shall not be
				  delivered:
a. to an address on the campus of
				  any elementary school, secondary school, university, college, technical
				  college, or institute;
b. to any
				  public playground or building used primarily as a church, synagogue, mosque, or
				  public library;
c. outside of the
				  hour that the retailers physical premises are open to the public;
d. without verifying that the recipient is
				  not visibly intoxicated;
e. without
				  obtaining the signature of the recipient verifying that the receipt of the
				  delivery of alcohol and their age.
8. Alcoholic beverage delivery permit holders
				  shall keep and retain a record of all deliveries of alcoholic beverages for a
				  period of three years from the date of delivery and shall make such records
				  available to the commissioner of Alcohol and Tobacco Control, and her agents
				  and assigns, upon request. The record of each delivery shall include:
a. the retail dealers name, address, and
				  permit number;
b. the name of the
				  person who placed the order and the date, time, and method of order;
c. the name of the employee or delivery agent
				  making the delivery and the date, time, and address of the delivery;
d. the type, brand, and quantity of each
				  alcoholic beverage delivered; and
e. the name, date of birth, and signature of
				  the person that received the delivery.
9. Parishes and municipalities may require
				  and issue local direct delivery of alcohol permits similar to those issued by
				  the Commissioner of Alcohol and Tobacco Control.
10. All persons delivering alcoholic
				  beverages under an alcoholic beverage permit shall be 21 years of age or older,
				  be the permittee or their employee or agents for which the permittee is
				  required to file an Internal Revenue Service Form W-2 or 1099.
11. Persons delivering alcoholic beverages
				  under an alcoholic beverage delivery permit shall refuse delivery and return
				  the alcoholic beverages to the place of purchase if:
a. the recipient does not produce a valid and
				  current form of identification as identified in Paragraph G. 5 of this
				  Section;
b. there is reason to
				  doubt the authenticity or correctness of the recipients
				  identification;
c. the recipient
				  refuses to sign for the receipt of the delivery; or
d. the recipient is intoxicated.
12. If an alcohol retailers
				  alcohol permit is revoked, suspended, or lapsed, then that retailers alcoholic
				  beverage delivery permit shall also be considered to be revoked, suspended, or
				  lapsed and delivery of alcohol beverages shall immediately cease for that
				  particular retailer until permit is deemed valid and current.
13. Third party delivery company or the third
				  party platform shall maintain a commercial general liability insurance policy
				  with a liquor liability endorsement with a minimum coverage amount of
				  $1,000,000 for the duration of the alcoholic beverage delivery permit and they
				  shall provide proof of coverage to the retail dealer and commissioner of
				  Alcohol and Tobacco Control upon request.
14. The permittee shall require all delivery
				  drivers to maintain vehicle general liability insurance on any and all vehicles
				  permittee or its agent may use for deliveries as required by state law for the
				  duration of the alcoholic beverage delivery permit and they shall provide proof
				  of coverage to the commissioner of the Office of Alcohol and Tobacco Control
				  upon request.
15. Class B or class
				  AR retailers who engage the services of third party alcohol delivery service to
				  deliver alcohol for them, must notify the commissioner of the Office of Alcohol
				  and Tobacco Control in writing within 10 days of executing or terminating an
				  agreement with a third party alcohol delivery service to deliver alcohol by
				  providing a copy of the agreement and/or termination notice directly to the
				  agency.