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-327 - Class C-Package Store Retail Alcoholic Beverage Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Batch
- any mixture of ingredients or
					 concoction prepared, blended, mixed, or otherwise combined in the preparation
					 of a regulated or alcoholic beverage, as defined by
					 R.S. 26:2
					 and 241, to be served to patrons in the form of specialty frozen drinks,
					 commonly known as frozen daiquiris.
Batch Freezer
- any refrigeration or
					 cooling unit, machine, device or processor of any kind in which a
batch
, as defined in this Section, of specialty frozen drinks,
					 commonly known as frozen daiquiris, is placed for purposes of transforming the
					 batch into frozen specialty drinks for service to patrons, regardless of
					 whether the refrigeration or cooling unit, machine, device or processor
					 includes a spigot or other mechanism for pouring the specialty frozen drink
					 into single serving closed containers for service to patrons.
B. In order to qualify for a Class C-package
				  store retail alcoholic beverage permit, the applicant must:
1. operate a place of business where the sale
				  and service of alcoholic beverages represents more than 50 percent of the
				  business' total annual retail sales revenue;
2. not offer to sell, sell, or otherwise
				  distribute motor fuel anywhere on or about the licensed premises;
3. sell and serve alcoholic beverages,
				  including frozen specialty alcoholic beverages, in closed containers prepared
				  for transportation and consumption off the licensed premises only;
4. maintain a public habitable floor area of
				  no less that 1,000 square feet;
5.
				  not allow any person under the age of 18 years to enter, visit, or loiter in or
				  about the licensed premises;
6. not
				  employ anyone under the age of 18 years;
7. not allow the consumption of any alcoholic
				  beverage for any purpose of reason on or about the licensed premises;
8. not permit the mixing, sale, or service of
				  mixed alcoholic beverages on the licensed premises;
9. notwithstanding Paragraph 8 above, a Class
				  C-package store license holder may combine non-alcoholic frozen specialty mixes
				  with factory sealed and packaged alcoholic beverages on the licensed premises
				  for the sole purpose of preparing a
batch
, as defined in
				  Subsection A of this Section, which batch is placed in a
batch
				  freezer
, as defined in Subsection A of this Section designed for the
				  dispensing of frozen specialty alcoholic beverages, provided the license holder
				  complies with the following at all times:
a.
				  the mixing of a
batch
, as defined in Subsection A above, shall
				  at all times be conducted out of the view of the public;
b. open bottles of manufacturer-packaged
				  alcoholic beverage or any other open alcoholic beverage shall be kept out of
				  view of the public;
c. all frozen
				  specialty drinks shall be dispensed from batch freezer machines into containers
				  affixed with a lid for transportation and consumption by the customer off of
				  the licensed establishment's premises. The use of blenders or similar devices
				  is prohibited;
d. no additional
				  alcoholic beverage shall be added to the batch after the batch is placed into
				  the batch freezer machine. The sale and service of additional "shots" or any
				  other portion of any alcoholic beverage or the introduction of any additional
				  alcohol into a container used for the sale or service of frozen specialty
				  drinks to the public is prohibited;
e. the preparation and/or sale of one or more
				  drinks commonly known as "highballs," "cocktails," or any type of "mixed drink"
				  other than frozen specialty alcoholic beverages, as described and/or defined in
				  this Section, is expressly prohibited on or about the licensed
				  premises.