reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VI - Uniform Construction Code Enforcement › Chapter 13 - Code Enforcement Violations › Section VI-1301 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the council
				has reason to believe that a person or authority having jurisdiction is
				violating or intends to violate a provision of this Part, it may order the
				person or authority having jurisdiction immediately to refrain from the conduct
				or to immediately start performing some specific act. The council may apply to
				the district court of the parish for an injunction restraining the person or
				authority having jurisdiction from the conduct or for a mandamus to compel the
				performance of a duty. The court may issue a temporary injunction ex parte not
				to exceed 10 days and upon notice a full hearing may issue other orders in the
				matter it considers proper. No bond is required of the council by the court as
				a condition to the issuance of an injunction or other order.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1730.22(C) and (D) and
				  R.S.
				  40:1730.37.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VI - Uniform Construction Code Enforcement › Chapter 13 - Code Enforcement Violations › Section VI-1303 - Informal Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				council receives written information indicating that a person or authority
				having jurisdiction is violating or has violated any provision of
				R.S.
				40:1730.21 et seq., or this Part, the
				council, after an investigation, may, in writing, order the person or authority
				having jurisdiction to immediately refrain from the conduct or violation or to
				immediately start performing some specific act.
B. Response. The person or authority having
				jurisdiction shall respond in writing to the council's informal notice within
				10 days of receipt by providing the council with a written statement containing
				any information related to the allegations of the informal notice which would
				show compliance with state law or this Part.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1730.22(C) and
				  (D).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VI - Uniform Construction Code Enforcement › Chapter 13 - Code Enforcement Violations › Section VI-1305 - Investigation Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				investigating a complaint, the following measures shall be observed by the
				council.
1. Complainant must file a written
				complaint with the council. The complaint shall be made on the form provided by
				the council.
2. The completed
				complaint form shall be mailed, faxed or hand delivered to the council
				administrator.
3. Once the
				complaint is filed with the council administrator, a file on the matter shall
				be opened and maintained by the administrator. A separate complaint file shall
				be kept on each complaint.
4. The
				council administrator shall oversee the investigation. The investigation may be
				conducted by the council administrator or his designee.
5. Upon completion of the investigation, the
				council administrator shall prepare a report to the council's Code Enforcement
				Advisory Committee.
6. The Code
				Enforcement Advisory Committee shall review the file and make a determination
				as to a course of action.
7. Once
				the Code Enforcement Advisory Committee makes their determination then they
				send their recommendation to the council to be heard at the earliest available
				council meeting.
8. The council
				shall consider the Code Enforcement Advisory Committee's recommendation then
				vote on a course of action.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VI - Uniform Construction Code Enforcement › Chapter 13 - Code Enforcement Violations › Section VI-1307 - Judicial Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Injunction or Mandamus. In the event that the matter is not resolved during the
				informal proceedings, the council may file a petition for injunction or seek a
				writ of mandamus with the district court having jurisdiction.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:1730.22(C) and (D) and
				  R.S.
				  40:1730.37.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 1 - Beer Cash Regulations › Section VII-103 - Credit Sale of Beer Prohibited- Retail Dealer Checks

Current through Register Vol. 50, No. 6, June 20, 2024
A. The sale of beer by a wholesale dealer to
				  a retail dealer shall be made only for cash. Any maneuver, device, or shift of
				  any kind by either wholesaler or retailer, whereby credit is extended or
				  obtained, is a violation of the Beer Cash Law.
B. Only retail beer dealers operating under a
				  documentary permit, issued to them by the collector of revenue, may give a
				  check for the payment of beer, and then only when such check is given and
				  accepted in accordance with these regulations.
C. A check given by a retail dealer in
				  payment for beer shall be considered a cash consideration only when the
				  following conditions are met.
1. The check is
				  drawn on the account of the retail dealer making the purchase.
2. The check is given not later than
				  simultaneously upon delivery of the beer.
3. The check is dated not later than the date
				  of delivery of beer.
4. The check
				  is for an amount not exceeding the total invoice price.
5. The check is paid by the drawee bank when
				  first presented for payment.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 1 - Beer Cash Regulations › Section VII-105 - Wholesalers to Deposit Retailer Checks Currently- Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. All checks accepted by the wholesale
				  dealers from retail beer dealers shall be deposited or presented for payment by
				  the wholesale dealer not later than the next banking day following the receipt
				  of the check from the retail dealer.
B. Failure to timely deposit or present for
				  payment any check shall be considered a violation of
				  R.S.
				  26:741 by the wholesaler. The wholesale
				  dealer shall record the date and the manner in which he presents the check to
				  the bank for payment, whether by a listed deposit, or at the paying teller's
				  window for cash.
C.
1. Wholesale beer dealers shall maintain all
				  records pertaining to checks accepted from retail dealers and bank deposits of
				  such checks for a period of two years, and shall hold all books, records and
				  memoranda pertaining to those checks returned unpaid by the bank; such records
				  shall be held for examination and review by the commissioner.
2. Wholesale beer records of collections and
				  banking for the sale of beer shall be designed to show the wholesale beer
				  distributive business separate from any other lines of business.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 1 - Beer Cash Regulations › Section VII-107 - Reports by Wholesalers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Whenever
				  a check accepted by a wholesaler from a retailer is not honored by the drawee
				  bank for any reason whatsoever, the wholesaler shall furnish the commissioner a
				  written notice of this failure on a form prescribed by the commissioner, which
				  notice shall be mailed to the commissioner not later than the next day after
				  receipt of notice that payment of check has been refused (Form
				  BCL-3).
B. All wholesale dealers
				  shall file with the commissioner a monthly report on forms prescribed by the
				  commissioner of all checks accepted from retailers which were returned unpaid
				  by the drawee bank for any reason; the report is to cover transactions on beer
				  sold during the calendar month, and shall be filed not later than the twentieth
				  day following the close of each month (Form BCL-4).
C. The reports required in §107. A and B
				  shall contain the information on each item as specified in the form supplied by
				  the commissioner, as well as any additional information requested of the
				  wholesaler by the commissioner.
D.
				  Wholesale dealers shall report to the commissioner any incident where a retail
				  dealer defers payment for beer by a means other than the issuance of an
				  insufficient check, such incident shall be submitted to the commissioner as a
				  written report setting out all information to describe the transaction and the
				  means used by the retail dealer to defer payment for beer.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 26:32 and
					 R.S.
					 26:793.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 1 - Beer Cash Regulations › Section VII-109 - Wholesale Dealer Violations- Notices, Hearings and Findings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any of the
				  following when committed by a wholesale dealer shall be considered a violation
				  of
				  R.S.
				  26:741, the Cash Sales of Beer Law:
1. to use any maneuver, device or shift of
				  any kind whereby credit is extended or payment is delayed for beer sold to a
				  retailer;
2. failure to exact the
				  full cash consideration on the sale of beer not later than at the time of
				  delivery of beer to the retail dealer;
3. the acceptance of a check other than a
				  check of a retail dealer operating under a documentary permit issued by the
				  collector of revenue;
4. failure to
				  exact cash payment or certified payment for beer from an applicant for a retail
				  beer permit whose documentary permit has not been issued;
5. failure to deposit checks of retail
				  dealers as required by
				  §105 of these regulations;
6. failure to file with the commissioner
				  within the prescribed time and in the proper form any reports or notices
				  provided in these regulations;
7.
				  selling of beer other than for cash to a retail dealer who is operating under
				  the commissioner's cash basis order;
8. making a sale of beer to a retail dealer
				  during the period the retail dealer is under the commissioner's permit
				  suspension order;
9. failure to
				  satisfactorily answer notice to appear at hearings on violations, or, failure
				  to furnish requested information at hearing.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 1 - Beer Cash Regulations › Section VII-111 - Retail Dealer Violations- Notices, Hearings and Findings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any of the following, when committed by a
				  retail dealer, shall be considered a violation of
				  R.S.
				  26:741, the Beer Cash Law:
1. failure to pay the full cash consideration
				  for the purchase of beer not later than at the time of delivery of said beer,
				  or, to use any maneuver, device, or shift of any kind whereby credit is
				  obtained;
2. making payment to a
				  wholesaler for beer with a check which does not comply with the requirements of
				  §103 of these regulations;
3. to buy, borrow or otherwise obtain beer by
				  any means while under a permit suspension order;
4. to sell, loan, give or otherwise supply
				  beer on any basis to a retail dealer who is under a permit suspension
				  order;
5. to violate the conditions
				  of a cash basis order, or, to violate conditions of a permit suspension
				  order.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 1 - Beer Cash Regulations › Section VII-113 - Notice of Violations and Hearings- Retailers and Wholesalers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  commissioner's notice to dealers of violations and/or hearings will be directed
				  to the dealer at the address shown on the dealer's permit and may be sent by
				  mail, or, in writing to be delivered to the dealer by the commissioner's
				  agent.
B. The notice shall be
				  marked to show whether it is the first violation, second violation, third
				  violation, or subsequent violation, as the case may be and if there is a
				  hearing, the notice shall contain information pertinent to the hearing, as,
				  place, date and time.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 26:32 and
					 R.S.
					 26:793.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 1 - Beer Cash Regulations › Section VII-115 - Attendance at Hearings- Retailers and Wholesalers

Current through Register Vol. 50, No. 6, June 20, 2024
A. Dealers shall be sent a notice of hearings
				  on violations which involve the suspension of his permit so as to afford the
				  dealer an opportunity to be present and to offer any evidence or argument on
				  his behalf in connection with those violations.
B. If the dealers do not attend the hearing,
				  then the hearing officer shall proceed with the hearing; if his findings affect
				  the status of the permit of the dealer, the hearing officer shall send a
				  written notice of such findings to the dealer.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 26:32 and
					 R.S.
					 26:793.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 1 - Beer Cash Regulations › Section VII-117 - Effect of Suspension of License and Cash Rule

Current through Register Vol. 50, No. 6, June 20, 2024
A. The license of any wholesale beer dealer,
				  who continues to engage in the business subject of his beer license while under
				  suspension for violation of the Cash Sales of Beer Law, shall be suspended for
				  a period of 30 days, or may be revoked as a violation of the Beer Cash Law
				  after notice and hearing.
B. The
				  license of any retail beer dealer, who continues to engage in the business
				  subject of his beer license to any extent while under suspension for a
				  violation of the Cash Sales of Beer Law, shall be suspended for a period of 90
				  days, or, may be revoked as a violation of the Beer Cash Law after notice and
				  hearing.
C. When a retail dealer is
				  a multiple holder of retail beer permits, and said retailer is found to have
				  committed a violation of the Beer Cash Law, and the hearing officer issues the
				  cash payment order, such rule shall apply to all separate places of business
				  operated by the retail dealer as of the date of the cash rule.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 26:32 and
					 R.S.
					 26:793.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 1 - Beer Cash Regulations › Section VII-119 - Commissioner's Assertion of Intention of These Regulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. These regulations are issued to implement
				  R.S.
				  26:741, the Beer Cash Law, to provide an
				  administrative vehicle by which effective administration may be accomplished so
				  as to give clarity and understanding to those provisions.
B. It is the intention of these regulations
				  to give consideration to the desired effect in the conduct of the beer
				  distributive industry so as to contribute to the orderliness of that industry;
				  to give force and clarity to the necessity of submitting applications for the
				  privilege license as a beer dealer; to further point out the necessity of the
				  documentary permit.
C. Special
				  attention is directed to wholesale dealers from whom state and local beer taxes
				  are collected, to point to their responsibility under these regulations, and
				  that such responsibility may not be disregarded; to point out that where the
				  facts show an apparent disregard for the spirit and purpose of these
				  regulations, that even though is not a specific violation, the dealer will be
				  cited by the commissioner for such condition.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 26:32,
					 R.S.
					 26:741 and
					 R.S.
					 26:793.
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-303 - Regulation II- Adulterated Beverages

Current through Register Vol. 50, No. 6, June 20, 2024
A. As set forth in
				  R.S.
				  26:150(B)(3), no dealer
				  shall adulterate, water, or in any manner change the original contents of any
				  container of regulated beverages nor possess any so adulterated, watered or
				  changed. The provisions of this rule shall not apply to duly licensed
				  manufacturers engaged in the blending or rectifying of regulated beverages
				  under existing regulations or laws.
B. As set forth in
				  R.S.
				  26:150(B)(4), no dealer
				  shall do any act or thing which, by the laws of this state, is defined or
				  prohibited as an unfair practice. Unfair sales as defined and prohibited in
				  R.S.
				  51:421 et seq., are hereby deemed to be
				  unfair practices.
C.
1. To provide for the Truth in Labeling and
				  Consumer Information Law, the following are required.
a. Any alcoholic beverage, concoction, or
				  premixed alcohol mixed drink sold in a frozen drink machine, slush machine, or
				  other type of dispensing system or device where the identity of the trademarked
				  alcohol brands are lost in preparation, shall have affixed to such machine,
				  dispensing system or device a sign clearly visible to the consumer showing the
				  trademarked alcohol brands contained in such mixture.
b. In casinos, riverboats, and establishments
				  holding Class AG(6) Exception permits, that cannot be accommodated with a back
				  bar, due to their confined space and their method of service for alcoholic
				  beverages, the owner shall prominently display all trademarked alcohol brands
				  and types of alcohol available for consumption on the premises. The display of
				  trademarked alcohol brands and types of alcohol must be obvious and clearly
				  visible to consumers.
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-305 - Regulation III- Prohibitive Acts

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every dealer engaged in the business of
				  dealing in alcoholic beverages shall, upon receipt of the document listing
				  prohibitive acts on licensed premises mailed with all permits, post the same in
				  the premises licensed in a place conspicuous, in full public view, subject to
				  inspection at all times.
B. In
				  connection with
				  R.S.
				  26:88(5), the following
				  terms are thus defined:
Disturbance of the Peace
- those acts as
					 now defined or as may hereafter be defined as such in the criminal laws of this
					 state;
Lewd, Immoral, or Improper Entertainment, Conduct,
					 or Practices
- includes, by way of illustration and not limitation, any
					 of the following:
a. lustful,
				  lascivious, or sexually indecent dances;
b. offering one's self for sexual intercourse
				  for hire;
c. crimes against nature
				  as now defined or as may hereafter be defined as such in the criminal laws of
				  this state.
Obscenity
- those acts as now defined or as
					 may hereafter be defined as such in the criminal laws of this
					 state.
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-309 - Regulation Number V- Solicitors

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Applicants for state permits as solicitors shall meet the following
				  qualifications in addition to those provided in
				  R.S.
				  26:79:
1.
				  is not the owner or manager required to file a Schedule A as the decision maker
				  of a business having Class A, Class B or Class C Retail Liquor
				  Permit;
2. if the spouse of a
				  person who is the owner or manager of a business having a Class A, Class B or
				  Class C Retail Liquor Permit, the solicitor-spouse cannot be the solicitor who
				  calls on the spouse's business, and whatever supplier or wholesale license the
				  solicitor's license is representing must not maintain any tied house or fair
				  trade issues with the permitee;
3.
				  these restrictions shall not apply to persons lawfully holding both retail and
				  wholesale permits under the provisions of
				  R.S.
				  26:83 (1950).
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-311 - Regulation VI- Fingerprints Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as provided in §311 B, every
				  applicant, or if the applicant is a partnership or corporation, every person
				  listed in §311. B or
				  R.S.
				  26:79, shall furnish a set of fingerprints to
				  the Department of Public Safety, Division of State Police, Box 66614, Baton
				  Rouge, LA 70896, together with the identification sheet furnished by the board,
				  prior to the filing of the application.
B. Applicants who are not seeking a new
				  permit but only the annual renewal of a current one need not be fingerprinted
				  if sets of fingerprints have been filed within the previous five year period in
				  accordance with §311 A
C.
				  Every permittee who holds a permit for the year 1972 and who has not been
				  fingerprinted previously shall furnish a set of fingerprints as required by
				  §311. A within 30 days after notification by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 26:32.
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-313 - Regulation VII- Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  holders of wholesale liquor permits shall maintain records to reflect clearly
				  information as follows:
1. the dollar value of
				  liquor inventory on hand on the last day of each month;
2. total number of gallons of liquor sold
				  each month;
3. total number of
				  gallons of liquor sold each month to retail outlets in the immediate trade area
				  other than to himself, if he also is a retail dealer;
4. total number of gallons of liquor sold
				  each month to retail outlets owned by himself as the wholesale
				  dealer;
5. a listing of the
				  different retail dealers to whom sales were made each month showing name,
				  address and permit number.
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-315 - Regulation VII - Procedures Determined for Issuing Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as otherwise provided for by law
				  and these regulations, all alcoholic beverage permits shall be issued for a
				  period of no more than one year.
B.
				  Notwithstanding Subsection A of this Section, the commissioner may issue
				  alcoholic beverage permits which are valid for two years to applicants in good
				  standing with the office of alcohol and tobacco control. Obtaining a two year
				  permit shall not be mandatory for qualified applicants. Qualified applicants
				  electing not to obtain a two year permit shall make application under the
				  provisions of Subsection B of this Section.
C. For purposes of this Section, good
				  standing shall mean any original or renewal applicant for a retail, wholesale,
				  or manufacturer/brewer alcoholic beverage 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.
D. Permit fees
				  for the entire permit period shall be due upon submission of an original or
				  renewal application.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 26:71.1(1)(h) and
					 271.2(1)(h).
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-321 - Staggering of Expiration Dates

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				  accordance with the authority of
				  R.S.
				  26:794(B), the expiration
				  dates of retail permits issued by the Office of Alcohol and Tobacco Control
				  shall be staggered in accordance with the provisions of this Section.
B. Purpose. The purpose of this staggering
				  process is to provide for the even distribution of expiration dates of new and
				  existing permits based upon the parish in which the licensed establishment is
				  located. This will allow the Office of Alcohol and Tobacco Control to
				  concentrate its limited resource to the particular region of the state in which
				  all retail permits are scheduled to expire. The expiration date of retail
				  permits will be easy to determine and thereby assist both state and local
				  enforcement agents, retail and wholesaler dealers in the enforcement of the
				  licensing requirements contained in Title 26. This in turn will reduce the
				  ever-increasing number of delinquent renewal applications filed with this
				  office and eliminate the purchase and resale of alcoholic beverages by
				  unlicensed establishments.
C. New
				  Business Application and Related Fees
1.
				  Beginning February 18, 1998, the expiration date of all retail permits issued
				  pursuant to new-business applications shall have an expiration date to be
				  determined by the Office of Alcohol and Tobacco Control in accordance with
				  Subsection G of this Section.
2.
				  The fee for all such new business permits shall be as set forth in Sections 71
				  of Title 26.
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-324 - Wine Producers; Fairs, Festivals, Farmer's Markets and Similar Venues

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes
				  of this Section, the following definitions shall apply.
1.
Fair, Festival, Farmer's Market or
				  Other Similar Venue
- any non-profit, state or local governmental
				  organizational event being held in a limited duration capacity.
2.
Wine Producer
- the holder
				  of a valid unsuspended wine producers permit, as defined in
				  R.S.
				  26:2(21).
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-325 - Caterers Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office
				  of Alcohol and Tobacco Control may issue a class A-caterer's permit to persons
				  who meet the qualifications and criteria of either Paragraph 1, 2, 3 or 4
				  below.
1. Holders of any Class A, B or C
				  liquor or beer retail permit will be allowed to sell and serve alcoholic
				  beverages, on a temporary basis, limited to three days in duration, at events
				  other than on the premises for which the holder's regular permit is issued.
a. This holder of a Class A- Caterer's permit
				  must use the permit in conjunction with their A, B or C liquor and/or beer
				  permit and shall expire at the same time as the regular A, B or C
				  permit.
b. If the regular Class A,
				  B or C permit ceases to be valid for cause, the caterer's permit ceases to be
				  valid.
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-329 - Regulation XII - 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 ten nor
				  more than thirty 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 1 - Beer and Liquor › Chapter 3 - Liquor Credit Regulations › Section VII-331 - Regulation XIII - Posting of the National Human Trafficking Resource Center Hotline

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
				  establishments listed in
				  R.S.
				  15:541.1(A) shall prominently
				  display a poster furnished by the Office of Alcohol and Tobacco Control
				  containing information regarding the National Human Trafficking Resource Center
				  hotline in all male and female public restrooms located within the
				  premises.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:541.1.
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-333 - Regulation XIV-Alcoholic Beverage Container Label Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this regulation is to promote the safety and welfare of Louisiana consumers and
				  commerce by prohibiting alcoholic beverage labels that are deceptive or likely
				  to mislead the consumer with regards to the nature of the product or quantity
				  thereof; to ensure that the consumer is provided with adequate information as
				  to the identity and quality of the products, the alcoholic content thereof, the
				  net contents of the package, and the manufacturer or bottler or importer of the
				  product; and to prohibit statements on alcoholic beverage labels that are
				  disparaging of a competitors products or are false, misleading, obscene, or
				  indecent.
B. No alcoholic beverage
				  manufacturer, supplier, or importer shall sell or ship or deliver for sale or
				  shipment, or otherwise introduce in Louisiana commerce, any distilled spirits,
				  wine, cider, mead, malt beverages, or any other product having an alcohol
				  content of more than 1/2 of 1 percent by volume (unless expressly excepted in
				  R.S.
				  26:3), unless all the following requirements
				  have been met:
1. the alcoholic beverage
				  manufacturer, supplier, or importer holds a valid manufacturers permit with the
				  Office of Alcohol and Tobacco Control;
2. each product is packaged in containers
				  that comply with any applicable standard of fill and casing requirements set
				  out in title 26 of the
Louisiana Revised Statutes
;
3. each product is labeled in conformity with
				  all requirements of the applicable part of title 27 of the
Code of
				  Federal Regulations
;
4.
				  each product label has been registered in Louisiana via the electronic
				  submission system approved by the Office of Alcohol and Tobacco Control by a
				  manufacturer holding an active Louisiana manufacturers permit; and
5. if product label registration with the
				  Alcohol and Tobacco Tax and Trade Bureau is not required, each product label
				  has been approved by the Office of Alcohol and Tobacco Control.
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-335 - Direct Shipment of Sparkling Wine or Still Wine to Consumers in Louisiana

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  manufacturer, wine producer or retailer of sparkling wine or still wine
				  domiciled outside of Louisiana must obtain a permit from the commissioner as
				  required by
				  R.S.
				  26:359 prior to engaging in the direct
				  shipment of sparkling wine or still wine to any consumer in
				  Louisiana.
B. Access to Records. In
				  order to determine compliance with
				  R.S.
				  26:359, all manufacturers, wine producers,
				  and retailers that direct ship sparkling wine or still wine to consumers shall
				  make available to the commissioner all books, invoices, and records concerning
				  the direct shipment of wine to consumers in Louisiana immediately upon request.
				  This includes but is not limited to the following:
1. all invoices contained on the packages of
				  wine required by
				  R.S.
				  26:359(B)(1)(g);
2. all oral or written agreements with
				  wholesalers licensed by the state of Louisiana;
3. all invoices and other records revealing
				  the labels and brands sold to wholesalers licensed by the state of
				  Louisiana;
4. a copy of any and all
				  original applications and renewal applications submitted to the Louisiana
				  Department of Revenue by manufacturers, wine producers and retailers domiciled
				  outside of Louisiana seeking authority to ship sparkling wine or still wine
				  directly to consumers in Louisiana, including any supporting documentation
				  submitted in connection with such applications;
5. a copy of the monthly statements submitted
				  to the Department of Revenue by manufacturers, wine producers and retailers
				  domiciled outside of Louisiana pursuant to
				  R.S.
				  26:359(D), including any
				  supporting documentation submitted in connection with such monthly statements;
				  and
6. a copy of all records with
				  the transporters of such sparkling wine or still wine pertaining to such
				  shipments to Louisiana consumers.
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-337 - Online Grocery Pickup

Current through Register Vol. 50, No. 6, June 20, 2024
A. Retail
				  dealers shall not operate an online grocery pickup of alcoholic beverage
				  products except where expressly authorized in writing by the
				  commissioner.
B. A retail dealer
				  shall designate a special area for online grocery pickup whereby orders placed
				  online that includes any alcoholic beverage products shall be placed in a bin
				  located within the designated OGP holding area.
C. All online orders containing alcoholic
				  beverage and non-alcoholic beverage items must be segregated whereby all
				  alcoholic beverage products are to be placed in separate bags distinctly
				  labeled "ALCOHOL."
D. A server who
				  is solely responsible for completing online grocery pick-up shall be 21 years
				  of age or older and shall be required to attend an approved server training
				  course prior to employment. Server shall be designated as a curbside
				  associate.
E. A retail dealer shall
				  provide proper training to any and all curbside associate(s). Such training
				  shall require a curbside associate to verify online orders, retrieve purchased
				  products from the bin located in the OGP designated area, and verify proper
				  identification prior to completion of OGP transaction.
F. Server or curbside associate shall make
				  direct contact with customer and verify the customers age with the customers
				  identification card which shall on its face establish the age of the person as
				  21 years old or older and that there is no reason to doubt the authenticity or
				  correctness of the identification.
G. Retail dealer shall maintain an
				  ATC-approved handheld identification device that shall by utilized by the
				  server or curbside associate to assist in identifying the customers proper age
				  prior to completion of all OGP orders.
H. The OGP hours shall be limited only during
				  retail dealers regular hours of operation. Online ordering and pickup shall
				  only be available between 8 a.m. to 10 p.m.
I. OGP orders with alcoholic beverage
				  products shall have a minimum total OGP purchase price of $30 and shall not be
				  comprised solely of alcoholic beverage products.
J. Holder of a class A or class C permit is
				  prohibited from providing OGP services.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:541.1.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 4 - Alcohol Public Safety Regulations › Section VII-403 - Governmental Entity Special Events

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner shall have the authority
				  to issue alcohol and tobacco special event permits to governmental entities,
				  quasi-governmental entities, quasi-governmental development districts, and
				  their agents and assigns. Special event permits issued to governmental
				  entities, quasi-governmental entities, and quasi-governmental development
				  districts, shall be classified as Type B Special Events pursuant to
				  R.S.
				  26:793(A)(1)(c) and LAC
				  55:VII.323(B)(1)(b). Special event permits issued to the agents and assigns of
				  governmental entities, quasi-governmental entities, and quasi-governmental
				  development district shall be classified as Type C Special Events pursuant to
				  R.S.
				  26:793(A)(1)(d) and LAC
				  55:VII.323(B)(1)(c). Special event permits issued to governmental entities,
				  quasi-governmental entities, quasi-governmental development districts and their
				  agents and assigns shall not be subject to the twelve special event permit per
				  year limitation imposed on non-governmental entities. The agents and assigns of
				  governmental entities, quasi-governmental entities, and quasi-governmental
				  development district shall still be restricted to 12 special events for those
				  events wherein they are not acting as an agent or assign of a governmental
				  entities, quasi-governmental entities, or quasi-governmental development
				  district.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 26:793(A)(4) and
					 R.S.
					 26:922.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part VII - Alcohol and Tobacco Control › Subpart 1 - Beer and Liquor › Chapter 4 - Alcohol Public Safety Regulations › Section VII-420 - Low Alcohol Content Beverages, Malt Beverages and Ciders-Handling, Stocking, Pricing, and Rotating

Current through Register Vol. 50, No. 6, June 20, 2024
A. Persons
				  holding valid Louisiana wholesale beverage alcohol 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 not more than 6
				  percent alcohol by volume, malt beverages or ciders may handle, build and stock
				  displays of their product on the premises of retail dealers.
2. All dealers in beverages of not more than
				  6 percent alcohol by volume, malt beverages and ciders are prohibited from
				  requiring other dealers to provide services including stocking, rotating, and
				  frequency in delivery of product. Wholesale dealers are prohibited from
				  pricing, and affixing security tags on product at a retail outlet.
3. Except as authorized under this Chapter,
				  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.
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-501 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Responsible
				  Vendor Program is intended to educate vendors and their employees and customers
				  about selling, serving, and consuming beverage alcohol, tobacco, and tobacco
				  products. Chapter 5 relates to the development, establishment, and maintenance
				  of the program.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 26:931 et
					 seq.
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-503 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
				  this Chapter, the following terms are defined.
Approved Provider
- an individual,
					 unincorporated association, partnership, or corporation approved by the program
					 administrator to provide server or security personnel training courses.
Commissioner
- the commissioner of the
					 state Office of Alcohol and Tobacco Control.
Program Administrator
- a committee or
					 board of nine persons that shall develop and administer the Responsible Vendor
					 Program.
Responsible Vendor
- any vendor who
					 qualifies and maintains certification in the Responsible Vendor Program.
Responsible Vendor Handbook
- the handbook
					 that is developed, published, and distributed by the program administrator and
					 approved by the commissioner.
Server
- any employee of a vendor, other
					 than security personnel, who is authorized to sell or serve beverage alcohol,
					 tobacco, and tobacco products in the normal course of his or her employment or
					 deals with customers who purchase or consume beverage alcohol, tobacco or
					 tobacco products.
Server Permit-the permit issued to a server or
					 security
personnel upon completion of all required server or security
					 personnel training and all refresher courses.
Security Personnel
any person other than a
					 server who monitors the entrance and other areas of an establishment for
					 purposes of identifying underage and intoxicated persons, enforcing
					 establishment rules and regulations and otherwise providing security for the
					 establishment and its customers where alcoholic beverages are the principle
					 commodity sold for consumption on the premises. "Security Personnel" shall not
					 include persons employed by hotels or motels which consist of sleeping rooms,
					 cottages, or cabins unless the person works primarily in an area on the
					 licensed premises of a hotel or motel where the principle commodity sold is
					 alcoholic beverages for consumption on the licensed premises.
Trainer
- an individual employed or
					 authorized by an approved training provider to conduct an alcohol server
					 education course wherein the successful completion of the course by the student
					 will result in the issuance of a server permit.
Vendor
- any holder of a state Class A-
					 General, Class A- Restaurant, or Class B- Retail permit.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 26:931 et
					 seq.
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-505 - Vendors

Current through Register Vol. 50, No. 6, June 20, 2024
A. Certification
				  and Enrollment as a Responsible Vendor
1. The
				  vendor shall review and understand the vendor handbook.
2. The vendor shall provide the Office of
				  Alcohol and Tobacco Control with a completed "vendor affidavit" for enrollment
				  in the program.
3. The vendor shall
				  require all "servers" and "security personnel" to attend an approved server or
				  security personnel training course within 45 days of the first day of
				  employment.
4. The vendor shall pay
				  an annual fee of $50 per licensed establishment holding a Class A-General,
				  Class A-Restaurant, or Class B-Retail permit for the purpose of funding
				  development and administration of the Responsible Vendor Program.
a. The fee shall be assessed on all new and
				  renewal applications for retail permits to engage in the business of dealing in
				  alcoholic beverages and/or tobacco and tobacco
				  products
.
b. The
				  fee shall not be assessed to those parties seeking a Special Event Permit under
				  the provisions of
				  R.S.
				  26:793(A).
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-507 - Servers and Security Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Server and security personnel applicants with special needs, such as an
				  inability to read or write in English, hearing impairment, etc., shall contact
				  the approved training provider at least one week before the alcohol server or
				  security personnel training course to request specific assistance in completing
				  the course. Notwithstanding any other provisions of Chapter 5, the approved
				  provider and the program administrator shall attempt to provide reasonable
				  accommodation when requested in compliance with the state and federal
				  law.
B. Server and Security
				  Personnel Permit
1. Server and security
				  personnel permits shall be valid for four years from the completion of an
				  approved responsible vendor training course.
2. Whenever a server or security personnel is
				  employed in the service of alcohol, their permit and one legal form of picture
				  identification shall be available on the premises for inspection by agents of
				  the Office of Alcohol and Tobacco Control or other peace officers.
3. A server's or security personnel's refusal
				  or failure to make their permit available on the premises for immediate
				  inspection by authorized agents or peace officers shall be evidence of a
				  violation of this Section.