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-101 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For use in these
				  regulations, the following terms are defined.
Beer
- (as used in these regulations) beer,
					 porter, ale, or any malt beverage obtained by alcoholic fermentation of an
					 infusion, or concoction of barley, or other grain, malt and hops in
					 water.
Cash Basis Order
- the order issued by the
					 commissioner after considering violations of the Beer Cash Law, which requires
					 that a specified retailer must pay cash (currency and/or coin) for beer.
Cash Payment Basis
- a retail dealer is
					 required to pay for beer with currency and/or coin.
Cash Sale
- (as used in
					 R.S.
					 26:741 and in this regulation) the sale of
					 beer for a consideration passing simultaneously upon delivery of merchandise,
					 which consideration shall be currency or coin, or check as provided herein, or,
					 bank certified items of cashier's check, certified check, or bank money
					 order.
Cash Sales of Beer Law
or
Beer
					 Cash Law
- the provisions of Act No. 466 of 1948, the current reference
					 being 1950 Louisiana
					 R.S.
					 26:741.
Certified Payment Basis
- bank certified
					 items which a retail dealer may use in payment for beer, as, cashier's check,
					 certified check, or bank money order.
Check
- an order in writing by a beer
					 permittee, written in accordance with the rules of the bank on which it is
					 drawn, ordering the bank to pay a certain sum of money from the account of said
					 permittee and to the order of a payee wholesaler.
Commissioner
- the Commissioner of
					 Alcoholic Beverage Control for the State of Louisiana, or his agent.
Documentary Permit
- the document issued by
					 the collector of revenue to show that the application to engage in business as
					 a beer dealer is approved, which document will show to whom the permit was
					 issued (the permittee), the address location of the business, kind of permit,
					 the year for which issued and date of issuance.
Hearing
- the procedural matter of the
					 commissioner setting and conducting a hearing to determine findings on
					 violations of the Beer Cash Law by retailers and wholesalers.
Hearing Officer
- the person in charge of
					 the hearing on violations of the Beer Cash Law for the commissioner.
Notice of Hearing
- the commissioner's
					 written notice sent to dealers containing information of a hearing to be held
					 on violations, which notice shall specify place, date and time.
Permit Suspension Order
- the order issued
					 by the commissioner suspending the privilege license of doing business as a
					 beer dealer after a hearing.
Retail Dealer
or
Retailer
- every person who sells, offers for sale, exposes for
					 sale, or has in possession for sale and distribution, beer or malt beverages in
					 any quantity to person other than to wholesaler or other retailers.
Uncollected Funds
- bank terminology where
					 items are accepted by the bank as a deposit for collection to be credited to
					 the account of the depositor after collection, and which collection has not
					 cleared by the bank.
Wholesale Dealer
or
Wholesaler
- every person who sells, or offers for sale beer to
					 other wholesale dealers, or to retail dealers for resale within the state, or
					 to any person for delivery beyond the borders of the state.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 26:32 and
					 R.S.
					 26:793.