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-805 - Restaurant Retail Alcohol Delivery Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. Retailers holding a class AR retail liquor
				  permit shall be allowed to apply for and obtain a class R retail alcohol
				  delivery permit pursuant to this particular regulation (§805) 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 licensure fee for class R 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. Only malt beverages, sparkling wine, and
				  still wine, as defined in
				  R.S. 26:2
				  and 241 may be offered for delivery. No alcohol beverages shall be offered for
				  curbside pickup unless otherwise authorized under law, a separate rule, or
				  guidance. All deliveries containing alcoholic beverages shall also include
				  food. Alcohol and food purchased from a class AR retailer for delivery shall be
				  included in its gross average monthly sales figures for purposes ensuring that
				  an AR retailer meets its 50 percent food or food items requirement under
				  R.S.
				  26:73(C)(1)(a). However,
				  pursuant to
				  R.S.
				  26:73(C)(2), sparkling or
				  still wine delivered by the bottle in conjunction with food shall not be
				  considered an alcoholic beverage when determining gross revenue for purposes of
				  R.S.
				  26:73(C)(1)(a).
D. 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.
E. 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 by the permittee or a W-2 employee of the
				  permittee.
F. Deliveries to
				  consumers shall be made by the permittee or agents for which the permittee is
				  required to file an Internal Revenue Service Form W-2 or 1099.
G. At the time of delivery of alcoholic
				  beverages, the permittee shall obtain the recipients signature and verify the
				  age of the recipient through the use of an electronic age verification device
				  or combination of devices that shall be approved by the commissioner of Alcohol
				  and Tobacco Control. Such devices shall be capable of all of the following:
1. verifying proof of age through technology
				  of a magnetic card reader or an alternative technology capable of verifying
				  proof of age;
2. reading a valid
				  state-issued drivers license, a valid state-issued identification card, a valid
				  military identification card, or a valid passport;
3. storing the recipients name, age, date of
				  birth, the expiration date of the identification, and the date and time that
				  the identification was scanned.