reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 5 - Responsible Vendor Program › Section VII-509 - Training: Provider and Trainers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Trainer Certification. Approved providers
				  shall only contract with trainers that have any combination of a minimum of two
				  years of:
1. verified full-time employment in
				  the fields of training, education, law, law enforcement, certified security
				  services, substance abuse rehabilitation, the hospitality, retail industry that
				  involved the sale or service of alcohol or tobacco products; or
2. post-secondary education in the fields of
				  training, education, law, law enforcement, certified security services,
				  substance abuse rehabilitation, the hospitality or retail industry that
				  involved the sale or service of alcohol or tobacco products.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 5 - Responsible Vendor Program › Section VII-511 - Responsible Vendor Program Minimum Course Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Classroom Instruction
1. Alcoholic Beverage and Tobacco Products
				  Classroom Training-must include at least two hours of classroom instruction,
				  exclusive of breaks and examination time, presented in a continuous block of
				  instruction. Classes shall be limited to no more than one 10-minute break per
				  hour.
2. Tobacco Products-must
				  include at least one hour of classroom instruction, exclusive of breaks and
				  examination time, presented in a continuous block of instruction.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 7 - Live Entertainment › Section VII-701 - Prohibited Acts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Notwithstanding
				  any provisions of
				  R.S.
				  26:90(D) and (E) and
				  R.S.
				  26:286(D) and (E) to the
				  contrary, live entertainment shall be permitted on any licensed premises except
				  that no permittee shall permit any person to perform acts of or act which
				  permit or simulate:
1. sexual intercourse,
				  masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual
				  acts which are prohibited by law;
2. the touching, caressing or fondling of the
				  breasts, buttocks, anus or genitals;
3. the displaying of the pubic hair, anus,
				  vulva or genitals.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3103 - Identifying Information for Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permits
1. An exporter license shall be issued to a
				  wholesale dealer with a valid stamping agent designation if that dealer engages
				  in interstate business or affixes the tax stamps of another state. Such
				  wholesale dealer/stamping agent shall first apply for the license prior to the
				  purchase or possession of unstamped or non-tax paid cigarettes of another
				  state.
2. A retail dealer permit
				  shall be issued to a dealer other than a wholesale dealer, tobacconist, or
				  vending machine operator for each retail outlet where cigars, cigarettes, or
				  other tobacco products are offered for sale either over the counter or by
				  vending machine.
3. A stamping
				  agent designation shall be issued to a dealer that engages in the business of
				  purchasing unstamped or non-tax paid cigarettes and that meets all the
				  requirements of a wholesale dealer as defined in accordance with the provisions
				  of
				  R.S.
				  26:906(H) and the provisions
				  of this Chapter.
4. A tobacconist
				  permit shall be issued to a dealer engaged in receiving bulk smoking tobacco
				  for the purpose of blending such tobacco for retail sale at a particular outlet
				  where 50 percent or more of the total purchases for the preceding 12 months
				  were purchases of tobacco products, excluding cigarettes, for each retail
				  outlet where cigars, cigarettes, or other tobacco products are offered for sale
				  either over the counter or by vending machine.
5. A vending machine operator permit shall be
				  issued to a vending machine operator operating one or more vending machines.
				  Licensed wholesale dealers who operate vending machines shall not be required
				  to obtain a vending machine operator permit.
6. A vending machine permit shall be issued
				  to the vending machine operator or wholesale dealer for each vending machine he
				  operates and such permit shall be affixed to the upper front surface of the
				  vending machine.
7. A wholesale
				  dealer permit shall be issued to a wholesale dealer for each wholesale place of
				  business operated by the wholesale dealer.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3105 - Additional Information for Licenses: Partnership, Corporation, Limited Liability Company (LLC)

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition to
				  all other information required of an applicant by Title 26, any partnership,
				  corporation, or limited liability company applying for a tobacco license shall
				  provide the written agreement (partnership) or certificate (corporation and
				  LLC) to the Office of Alcohol and Tobacco Control.
B. This requirement is waived for any
				  applicant who also has a liquor license with the Office of Alcohol and Tobacco
				  Control, provided the applicant includes the liquor license number on the
				  application.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 26:906(D).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3107 - Expiration of Licenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  expiration of retail dealer permits shall be staggered to expire in accordance
				  with the following schedule.
Parish Code
Parish Name
Month Permit Expires
01
Acadia
October
02
Allen
March
03
Ascension
January
04
Assumption
November
05
Alveolus
July
06
Beauregard
March
07
Bienville
September
08
Bossier
September
09
Caddo
September
10
Calcasieu
March
11
Caldwell
December
12
Cameron
March
13
Catahoula
December
14
Claiborne
September
15
Concordia
December
16
DeSoto
September
17
East Baton Rouge
January
18
East Carroll
December
19
East Feliciana
August
20
Evangeline
July
21
Franklin
December
22
Grant
December
23
Iberia
October
24
Iberville
July
25
Jackson
December
26
Jefferson
February
27
Jefferson Davis
March
28
Lafayette
October
29
Lafourche
November
30
LaSalle
December
31
Lincoln
September
32
Livingston
August
33
Madison
December
34
Morehouse
December
35
Natchitoches
December
36
Orleans
May
37
Ouachita
December
38
Plaquemines
April
39
Point Coupee
July
40
Rapides
July
41
Red River
September
42
Richland
December
43
Sabine
September
44
St. Bernard
April
45
St. Charles
April
46
St. Helena
August
47
St. James
April
48
St. John
April
49
St. Landry
July
50
St. Martin
October
51
St. Mary
November
52
St. Tammany
August
53
Tangipahoa
August
54
Tensas
December
55
Terrebonne
November
56
Union
December
57
Vermillion
March
58
Vernon
March
59
Washington
August
60
Webster
September
61
West Baton Rouge
July
62
West Carroll
December
63
West Feliciana
August
64
Winn
December
B.
				  All vending machine operator permits shall expire each year on June
				  30.
C. All vending machine permits
				  shall expire each year on June 30.
D. All wholesale dealer permits shall expire
				  each year on December 31.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 26:904.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3109 - Initial Application and Related Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Tobacco Permits
1. Except as otherwise provided by law and
				  these regulations, tobacco permits shall be issued for a period of no more than
				  one year.
2. Notwithstanding
				  Paragraph A.1 of this Section, the commissioner may issue tobacco permits which
				  are valid for two years to applicants in good standing with the office of
				  alcohol and tobacco control with the fees for the entire permit period being
				  due upon the submission of the original or renewal application. Obtaining a two
				  year permit shall not be mandatory for qualified applicants. Qualified
				  applicants electing not to obtain a two year certificate shall make application
				  under the provisions of Paragraph A.1 of this Section.
2. For purposes of this Section,
good
				  standing
shall mean any original or renewal applicant for a tobacco
				  permit who has not been issued a warning, pled or been found guilty of any
				  violations of Title 26 of the Louisiana Revised Statutes and/or the regulations
				  promulgated thereunder more than once during the two year period preceding the
				  original or renewal application date.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3111 - Renewal Deadline: Penalties

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  For a renewal application to be timely filed, the application and the
				  appropriate fee must be received by the Office of Alcohol and Tobacco Control
				  on or before the license expiration date.
B. Failure to timely file the renewal
				  application will subject the license holder to the delinquency penalties
				  authorized by
				  R.S.
				  26:905.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 26:905.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3113 - Special Event Permits and Related Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office of Alcohol and Tobacco Control
				  may issue a special event permit for a duration of three consecutive days, with
				  no more than 12 such permits issued to any one person within a single calendar
				  year.
B. The fee for a special
				  event permit shall be $25.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 26:923.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3115 - Age Verification Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before a seller
				  mails, ships, or otherwise delivers cigarettes cigars, pipe tobacco, chewing
				  tobacco, smokeless tobacco, or any other tobacco product of any kind in
				  connection with a sale, the seller must verify the consumer's age through
				  electronic or written communication.
B. Persons accepting purchase orders for
				  delivery sales may request that prospective consumers provide their e-mail
				  addresses.
C. No retailer may sell
				  or deliver cigarettes, cigars, pipe tobacco, chewing tobacco, smokeless
				  tobacco, or any other tobacco product of any kind in a retail establishment to
				  any person through any unattended or self-service checkout counter or
				  mechanical device unless the customer submits to a clerk a valid driver's
				  license, selective service card, or other lawful identification that on its
				  face establishes the age of the person as 18 years or older and there is no
				  reason to doubt the authenticity and correctness of the identification prior to
				  approaching the self-checkout counter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 47:833.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3117 - Importation of Cigarettes by Wholesaler Only

Current through Register Vol. 50, No. 6, June 20, 2024
A. Cigarettes, as
				  defined in
				  R.S.
				  26:901, produced or manufactured outside of
				  this state cannot be sold or offered for sale in Louisiana, or shipped or
				  transported into the state except to the holder of a wholesaler's permit.
				  Delivery of cigarettes produced or manufactured outside of this state must be
				  made at the place of business of the wholesaler shown on the wholesaler's
				  permit, and must be received and warehoused by the wholesaler at that place of
				  business, where such cigarettes must come to rest before delivery is made to
				  any retailer.
B. Pursuant to the
				  provisions of
				  R.S. 26:902 et
				  seq., a wholesale dealer shall not accept delivery of any unstamped cigarettes
				  produced or manufactured outside the state unless such wholesale dealer is also
				  the holder of a valid stamping agent designation and exporter license. Acting
				  within his duties as stamping agent, a wholesale dealer who comes into receipt
				  of such and unstamped package of cigarettes, shall immediately cause the proper
				  affixation of the required stamps to each package of cigarettes.
C. In accordance with
				  R.S.
				  47:871, no person who is engaged in the
				  business of selling or distributing cigarettes may ship or transport, or cause
				  to be shipped or transported, cigarettes to any consumer in the state. The
				  provisions of this Section shall apply regardless of whether the person engaged
				  in the business of selling or distributing cigarettes is located within or
				  without the state.
D. Any retailer
				  of cigarettes who violates any provision of this Section will be subject to a
				  civil penalty in the amount of $25,000. Any retailer that sells and ships
				  directly to consumers in Louisiana pursuant to Subsection B of this Section
				  must, on the application for authority to make such shipments filed with the
				  secretary of the Department of Revenue in accordance with Subsection C of this
				  Section, acknowledge in writing the civil penalty established in this
				  Subsection and must consent to the imposition thereof upon violation of this
				  Section. The secretary may initiate and maintain a civil action in a court of
				  competent jurisdiction to enjoin any violation of this Section and to recover
				  the civil penalty established in this Subsection, together with all costs and
				  attorney fees incurred by the secretary incidental to any such
				  action.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 26:922.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3119 - Participation in Hearing by Video Conference

Current through Register Vol. 50, No. 6, June 20, 2024
A. To the extent practicable and if the
				  parties do not object, the commissioner may authorize the use of
				  teleconference, video link, or other visual remote communications technology to
				  conduct all or any portion of any hearing authorized by the provisions of Title
				  26 of the Louisiana Revised Statutes and the regulations promulgated
				  thereunder; unless prohibited by law.
B. Prior to authorizing the use of
				  teleconference, video link, or other visual remote communications technology
				  for the conducting of any hearing, the commissioner shall provide the permittee
				  with written notice of his intent to do so. The notice shall be sent by
				  certified mail to the permittee at the address of his place of business as
				  given in his application for the permit and shall be sent not less than 10 nor
				  more than 30 calendar days from the scheduled hearing date. When so addressed
				  and mailed, the notice shall be conclusively presumed to have been received by
				  the permittee.
C. Any party
				  objecting to the commissioner's authorization of the use of teleconference,
				  video link, or other visual remote communications technology to conduct all or
				  any portion of any authorized hearing shall provide the commissioner with
				  written notification of the objection at least five days prior to the scheduled
				  hearing date. Upon receipt of any objection, the commissioner shall not allow
				  the use of teleconference, video link, or other visual remote communications
				  technology to conduct any portion of the hearing for which a proper objection
				  was raised. Failure of a permittee to object in writing within at least five
				  calendar days prior to the scheduled hearing date shall conclusively constitute
				  a waiver of any objections.
D. Any
				  use of teleconference, video link, or other visual remote communications
				  technology for the conducting of any hearing shall be done in
				  real-time.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 99.1, 296.1, and 919.1 and Act 88 of the
					 2011 Regular Session of the Louisiana
					 Legislature.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3121 - Stamping Agent Designation Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Requirements.
				  Pursuant to
				  R.S.
				  26:902(2)(a), a stamping
				  agent designation shall be issued as a secondary permit to a dealer that
				  engages in the business of purchasing unstamped or non-taxed paid cigarettes
				  that meets all requirements of a wholesale dealer as defined by
				  R.S.
				  26:906 H and at the time of application,
				  produces the following documentation:
1. a
				  copy of a direct purchasing agreement with a cigarette manufacturer or importer
				  of cigarettes who holds a valid permit issued pursuant to
				  26 U.S.C.
				  5713 or from a sales entity affiliate whose
				  name and address has been provided to the attorney general pursuant to
				  R.S.
				  13:5073(A)(7);
2. maintain on the premises to be licensed a
				  tax stamping machine capable of opening a carton of cigarettes, affixing stamps
				  on all packs, and capable of resealing the carton of cigarettes;
3. shall comply with all requirements as
				  provided by
				  R.S.
				  26:916 H.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 2 - Tobacco › Chapter 31 - Tobacco Permits › Section VII-3123 - V.A.P.E. ("Vapor and Alternative Nicotine Products and Electronic Cigarettes) Certification and Directory

Current through Register Vol. 50, No. 6, June 20, 2024
A. Initial
				  Certification and Renewal Applications. Beginning October 1, 2023, every vapor
				  product manufacturer and ANP manufacturer whose products are sold in Louisiana,
				  whether directly or through a wholesale dealer, retail dealer, or similar
				  intermediary or intermediaries, must submit to the agency a certification form
				  for each product per SKU and certify under penalty of perjury the products
				  meets one of the requirements provided by
				  R.S.
				  26:926 A.
1.
				  Initial Certification Fee. The initial fee for certification shall be $100 per
				  product SKU. Each manufacturer must submit to the ATC a completed certification
				  form as provided by the agency or submit certification form electronically
				  through the agency's online portal with applicable fees and supporting
				  documentation. Failure to submit the required fees and/or supporting documents
				  will result in denial of certification application.
a. Each product SKU certification will expire
				  or become inactive annually on October 31.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter A - New Dealers › Section IX-101 - Prerequisite

Current through Register Vol. 50, No. 6, June 20, 2024
A. As a
				  prerequisite to engage in the liquefied petroleum gas business in the state of
				  Louisiana, an applicant shall first comply with the applicable rules and
				  regulations of the commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter A - New Dealers › Section IX-105 - Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person,
				  firm, or corporation desiring to enter the liquefied petroleum gas business in
				  the state of Louisiana shall file formal application for a permit or
				  registration with the commission. In the case of Class VI and Class VIII
				  permits, a formal application for a permit shall be filed for each location.
				  All other classes of permits and registrations require only one formal
				  application for the permit or registration. These applications for permits or
				  registrations shall be administratively granted by the office of the director,
				  upon complying with all commission requirements, such as payment of the
				  applicable fees, qualification of personnel, providing proof of insurance and
				  if applicable, final approval of a sketch, registration and safety inspection
				  of tanker trucks. The commission shall ratify the permits or registrations at
				  the first subsequent commission meeting after at least 20 days have elapsed
				  after the permit has been administratively granted by the office of the
				  director. Presence of applicant for the permit or his authorized representative
				  is required at the commission meeting when the application for a permit is
				  ratified for Class I, IV and VI. The applicant's supplier is prohibited from
				  being the authorized representative. Only with special approval of the
				  commission, under extenuating circumstances, will the commission allow the
				  applicant for a permit to be represented by another party other than a
				  principal officer, director, manager, or attorney. The formal application
				  form(s) will be furnished by the commission upon request.
B. No person, firm or corporation engaged in
				  selling of liquefied petroleum gas only in small consumer quantities in U.S.
				  Department of Transportation specification 2Q containers shall be required to
				  obtain a permit as required by
				  R.S.
				  40:1847. These quantities shall not exceed 1
				  liter per container.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter A - New Dealers › Section IX-109 - Compliance with Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. Compliance
				  with all other applicable statutes, rules and regulations is a mandatory
				  requirement for all permit holders.
B. The commission may assess a civil penalty
				  of not less than $100 nor more than $1000 for each violation of the rules and
				  regulations adopted by the commission. Civil penalties may be assessed only by
				  a ruling of the commission based on an adjudicatory hearing held in accordance
				  with the Administrative Procedure Act. The commission may institute civil
				  proceedings to enforce its ruling in the district court for the parish in which
				  the commission is domiciled or the district court for the parish in which the
				  violation occurred.
C. In lieu of
				  the adjudicatory hearing required in §109 B, the commission may accept an
				  affidavit signed by the party being cited for a violation, prior to the hearing
				  date set for the charge, waiving their right of appearance, with a plea of
				  guilty to a charge, and with the payment of a proposed penalty as set forth in
				  the notice issued by the commission. Regarding violations involving fees, the
				  fee and any interest and penalty on those fees shall be paid in addition to the
				  proposed civil penalty for the violation. This option shall not be available
				  after the hearing date.
D. The
				  commission reserves the right to conduct a full adjudicatory hearing regarding
				  any violation of its rules and regulations.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter A - New Dealers › Section IX-111 - Re-Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person, firm
				  or corporation who has made application for a permit to enter the liquefied
				  petroleum gas business and whose request for permit has been denied, may
				  resubmit a permit application 90 days after the date of denial, with the
				  exception of a Class I-E permit application. Any person, firm or corporation
				  who has made application for a Class I-E permit to enter the liquefied
				  petroleum gas business and whose request for permit has been denied, may
				  resubmit a permit application any time during the same disaster and/or
				  emergency that the initial permit application was submitted to the
				  commission.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter A - New Dealers › Section IX-113 - Classes of Permits and Registrations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commission shall issue upon
				  application the following classes of permits and registrations upon meeting all
				  applicable requirements of
				  §107 and the following:
1. Class I. Holders of these permits may
				  enter any phase of the liquefied petroleum gas business.
a. Shall furnish evidence of general
				  liability insurance in the minimum sum of $1,000,000 coverage per:
i. products;
ii. manufacturers and contractors;
				  and
iii. automobile
				  liability.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-115 - Compliance with Rules and Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  dealers who fail to comply with
				  R.S.
				  40:1841 et seq., and the rules and
				  regulations of the commission may have their application for permit denied or
				  their permit suspended and/or revoked.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-117 - Revocation of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commission may revoke or suspend a permit only by a ruling of the commission
				  based on an adjudication hearing held in accordance with the Administrative
				  Procedure Act. The following are causes for revocation or suspension of a
				  permit:
1. when the commission has assessed
				  two or more penalties against a dealer for willful violation of or failure to
				  comply with such rules and regulations, provided the second or succeeding
				  penalty or penalties have been imposed for violations of or failure to comply,
				  were committed after the imposition of the first penalty;
2. willful or knowing violation of a rule or
				  regulation of the commission which endangers human life or health;
3. failure to properly odorize gas as
				  required by
				  R.S.
				  40:1846;
4. failure to provide insurance or proof of
				  insurance as required;
5. failure
				  to pay permit fees as required;
6.
				  failure to pay any civil penalty imposed by the commission under provisions of
				  R.S.
				  40:1846.1(E) within 30 days
				  after the assessment becomes final.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-119 - Permit Fees

Current through Register Vol. 50, No. 6, June 20, 2024
A. All fees
				  pursuant to
				  R.S.
				  40:1849 shall be paid before a new permit
				  will be issued each year, with the exception of a Class I-E permit. For a Class
				  I-E permit, all fees shall be paid prior to a renewal permit being issued by
				  the commission.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-121 - Expiration of Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. All permits
				  or registrations shall expire at midnight on the date of their
				  expiration.
B. All permits or
				  registrations renewed after their expiration date shall have an administrative
				  penalty of 5 percent of the assessed permit or registration fee for each month
				  or fraction thereof, not to exceed 25 percent of the amount of the assessed
				  permit or registration fee.
C. All
				  permits or registrations renewed after their expiration date shall have
				  administrative interest of 1 percent of the assessed permit or registration fee
				  added for each month or fraction thereof to the amount of the permit or
				  registration fee due.
D. Five days
				  after the expiration of a permit or registration fee renewal date, any dealer
				  continuing in operation without the payment of the fee, administrative penalty,
				  and/or administrative interest due shall be considered as operating in
				  violation of R.S. 40:1841-1853 and the rules and regulations of the commission.
				  The commission may assess a civil penalty in accordance with
				  R.S.
				  40:1846.1.E or any applicable provision of
				  LAC 55:IX.117.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-123 - Qualified Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. All service,
				  installation, fuel transfer personnel, carburetion mechanics, transport and
				  delivery truck drivers shall have a card of competency from the office of the
				  director. New employees shall not make installations, service equipment, handle
				  or deliver gas until they have passed the examination given by the office of
				  the director or furnished proof to the office of the director of their
				  qualifications by another qualified agency acceptable to the commission and a
				  card showing their competency has been issued to them.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-125 - Report Accidents and Fires

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any accident involving liquefied petroleum gas or the transportation of
				  liquefied petroleum gas which causes injury to employees, property damage, or
				  injury to other persons or an accidental release of liquefied petroleum gas
				  reportable under the Louisiana Right-To-Know Law shall be reported by that
				  dealer in writing to the office of the director as soon as possible but not
				  later than 48 hours after the accident. The office of the director shall
				  accept, in lieu of the required report in writing, data and information from
				  the information system established under the Hazardous Materials Information
				  Development, Preparedness and Response Act.
B. Any fire in which liquefied petroleum gas
				  is directly or indirectly involved shall be reported in writing to the office
				  of the director by the dealer servicing that installation within 48 hours of
				  knowledge of the fire, preferably immediately, so that it can be
				  investigated.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-127 - Insurance

Current through Register Vol. 50, No. 6, June 20, 2024
A. Insurance
				  requirements for all persons, firms, or corporations with the same class permit
				  or registration shall be the same. New dealer insurance requirements shall be
				  the same as existing dealer requirements.
B. The commission may invoke the applicable
				  provisions of
				  §117 when insurance requirements are not
				  met.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-131 - Compliance with Rules

Current through Register Vol. 50, No. 6, June 20, 2024
A. Compliance
				  with all other statutes, rules and regulations will be required for all permit
				  holders.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-133 - Shall Purchase Containers Manufactured by Manufacturers Acceptable to the Authority Having Jurisdiction

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  liquefied petroleum gas containers purchased shall be manufactured by a
				  manufacturer acceptable to the commission.
B. A manufacturer of liquefied petroleum gas
				  containers shall be listed by the commission as acceptable when it has met or
				  exceeded the requirements of Chapter 5, NFPA 58, 2017 edition and provided
				  documentation acceptable to the commission of the same.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-135 - Condemnation of Tanks

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any liquefied
				  petroleum gas storage container corroded, pitted or worn to 20 percent of the
				  thickness of the head, shell plate, or stand pipe shall be condemned for
				  further storage of liquefied petroleum gas.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-139 - Liquefied Petroleum Gas Systems

Current through Register Vol. 50, No. 6, June 20, 2024
A. A dealer shall not serve any liquefied
				  petroleum gas system which the dealer knows is improperly installed or in a
				  dangerous condition. All improper systems shall be corrected before the dealer
				  services such system with fuel for the first time. A servicing dealer shall not
				  be responsible for unauthorized changes in or failures of an existing system or
				  connected appliances that have been tested, checked and found in compliance
				  with commission rules and regulations.
B. In the interest of safety and for the
				  protection of life and property, any end user who authorizes the maintenance
				  and/or repair, installation, adjustment, and servicing of a liquefied petroleum
				  gas system in the state of Louisiana shall insure that any person, firm, or
				  corporation that may be employed and/or authorized to make such repairs has a
				  current permit or registration and cards of competency from the commission to
				  perform maintenance and/or repair, installation, adjustment and/or servicing of
				  that system.
C. Any end user
				  authorizing any action listed in §139 B, where such actions are completed
				  by any person, firm, or corporation other than the liquefied petroleum gas
				  dealer who normally services the liquefied petroleum gas system, shall notify,
				  as soon as possible, the servicing dealer authorized to service the affected
				  liquefied petroleum gas system. This notification shall include:
1. name of the person, firm, or corporation
				  that performed the service; and
2.
				  actions taken to the affected liquefied petroleum gas systems such as adding
				  piping, space heaters, and other such appliances. The end user shall make the
				  described notification within five working days after completion of the action
				  or before the liquefied petroleum gas system is next serviced with liquefied
				  petroleum gas, whichever occurs first.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-141 - Customer Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  dealer shall transmit a notice once each year to each customer stating that
				  liquefied petroleum gas systems are potentially dangerous, that a leak in the
				  system could result in a fire or explosion, and that systems should be
				  inspected periodically.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-143 - Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each dealer
				  facility subject to the regulations of the commission shall submit to an
				  inspection by a representative of the commission.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter B - Dealers › Section IX-145 - Dealer Permit Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permits
				  required under these general requirements shall not be transferred. All
				  dealers, regardless of operation, shall hold a permit and are prohibited from
				  operating under a permit of another dealer.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter C - Manufacturers of Liquefied Petroleum Gas Containers › Section IX-151 - Classification of Containers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Containers shall be designed and classified as provided in the applicable
				  Sections of the Chapter 5, National Fire Protection Association Pamphlet Number
				  58, 2008 edition.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter C - Manufacturers of Liquefied Petroleum Gas Containers › Section IX-155 - Data Reports (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter E - Automatic Dispensers Used for Motor Fuel › Section IX-163 - Automatic Dispensers Used for Motor Fuel

Current through Register Vol. 50, No. 6, June 20, 2024
A. All self-service automatic dispensing
				  stations shall obtain a class VI permit with the LP Gas Commission before
				  engaging in business.
B. The
				  filling of ICC or DOT cylinders at a self-service site is prohibited.
C. Step-by-step operating instructions and
				  fire emergency telephone numbers shall be posted in a conspicuous place in the
				  immediate vicinity of the automatic dispenser.
D. All dispenser meters shall be calibrated
				  at least once every two years. Calibration reports shall be retained by the
				  dealer for at least three years. The commission reserves the right to review
				  the calibration reports upon demand.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter F - Tank Trucks, Semi-Trailers and Trailers › Section IX-165 - Measurement

Current through Register Vol. 50, No. 6, June 20, 2024
A. All trucks
				  delivering liquefied petroleum gas for domestic use shall be equipped with a
				  suitable measuring device which shall be used to accurately gauge the amount of
				  gas placed in each system, either by meter or by weight.
B. Truck meters shall be calibrated at least
				  once every two years or every 1 million gallons of gas delivered, whichever
				  occurs first. Calibration reports shall be retained by the dealer in his truck
				  file for at least three years. The commission reserves the right to review
				  calibration reports upon demand.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter F - Tank Trucks, Semi-Trailers and Trailers › Section IX-166 - Truck/Delivery Truck Cargo Containers Compliance Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Registration.
				  Dealers that operate transport and/or delivery trucks in the state of Louisiana
				  shall register each unit with the commission annually, the annual registration
				  fee is $50 for each unit registered. The annual registration period and
				  procedure will be established by the Office of the Director of the commission.
				  Any transport and/or delivery truck operating over the highways of the state of
				  Louisiana with no registration decal or an expired registration decal affixed
				  to the unit will be considered in violation of commission regulations and
				  subject to penalties, this includes any unit operating beyond the established
				  registration period without a current registration affixed to the unit. It is
				  unlawful to load or unload any cargo unit not meeting commission
				  regulations.
B. Safety Inspections.
				  It is incumbent upon dealers and drivers to insure that all transports and/or
				  delivery trucks being operated over the highways of Louisiana meet all federal
				  and state requirements. The commission reserves the right to inspect any
				  transport and/or delivery truck being registered at an y time. Inspections may
				  be performed by commission inspectors or a qualified agency acceptable to the
				  commission. Dealer safety inspections performed by a commission inspector
				  outside the state of Louisiana shall be solely at the discretion and procedures
				  established by the Office of the Director.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter F - Tank Trucks, Semi-Trailers and Trailers › Section IX-167 - "Out-of-Gas Customers" or Interruption of Service Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a delivery
				  of gas is made to any on-site container which is out of gas or the liquefied
				  petroleum gas service was interrupted, the servicing dealer shall follow the
				  following procedures.
1. When "out-of-gas
				  customer" is not present and the container is serviced:
a. shut off the container service
				  valve;
b. place a tag on the
				  container and the residence, the building, or the equipment the container
				  services indicating the container is out-of-service. The tag shall inform the
				  gas customer to contact a liquefied petroleum gas dealer or other qualified
				  agency to perform a leak check or test on the system as required before turning
				  on the container. Further action is the responsibility of the customer. If the
				  customer places the system back into service without the required test, he
				  assumes liability for the system.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter F - Tank Trucks, Semi-Trailers and Trailers › Section IX-169 - Maintenance

Current through Register Vol. 50, No. 6, June 20, 2024
A. All piping and
				  auxiliary equipment shall be maintained in good mechanical condition at all
				  times so as to eliminate in so far as possible all hazards to safe
				  operation.
B. Vehicles and all
				  components of vehicles shall be maintained in good mechanical condition at all
				  times so as to prevent hazards to safe operation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter G - Systems Utilizing ASME and D.O.T. Containers › Section IX-171 - Storage Capacity Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The minimum capacity of above ground ASME
				  storage containers shall be 100 gallon tank capacity for each 100,000 BTU
				  appliance load. Tankless water heaters shall be rated at 50 percent of their
				  input rating when calculating appliance load. Exception: D.O.T. Containers of 4
				  lbs. though 100 lbs. capacity are exempt from this requirement when connected
				  to small portable appliances or outdoor cooking appliances with input ratings
				  of 100,000 btu/hr. or less. Other exceptions to this rule shall be approved by
				  the director.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter G - Systems Utilizing ASME and D.O.T. Containers › Section IX-172 - Maintenance

Current through Register Vol. 50, No. 6, June 20, 2024
A. ASME and DOT
				  containers, container appurtenances, piping, and equipment connected thereto
				  shall be maintained in good mechanical condition at all times. No leaks or
				  unsafe conditions shall exist.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:1846.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 1 - General Requirements › Subchapter G - Systems Utilizing ASME and D.O.T. Containers › Section IX-175 - Pressure Test, Leak Checks, and Inspection Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. Pressure Tests
1. Shall be performed on all new piping
				  systems and on piping systems that has been modified or had new piping
				  added.
2. The length of time of the
				  pressure test shall be not less than 1/2 hour for each 500 cubic feet of pipe
				  volume or fraction thereof, except when pressure testing less than 10 cubic
				  feet of pipe volume or a single family dwelling, the duration of the test may
				  be reduced to 15 minutes.
3. The
				  test pressure of the Pressure Test shall be 1 1/2 times the proposed operating
				  pressure of the system but in no case less than 3 psig.
4. There shall be no gain or loss in pressure
				  during the test. If leakage is indicated, the system shall be repaired and a
				  new pressure test performed before placing in service.
5. The pressure source shall be isolated
				  before the test.
6. No underground
				  piping shall be covered until after inspection and the pressure test are
				  made.
7. Pressure tests shall be
				  documented in the dealer's files.