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-317 - Regulation IX - Prohibition of Certain Unfair Business Practices

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Advertisement
-includes any written or
					 verbal statement, illustrations, or depiction which is in, or calculated to
					 induce sales in, interstate or foreign commerce, or is disseminated by mail,
					 whether it appears in a newspaper, magazine, trade booklet, menu, wine card,
					 leaflet, circular, mailer, book insert, catalog, promotional material, sales
					 pamphlet, or in any written, printed, graphic, or other matter accompanying the
					 bottle, representations made on cases or in any billboard, sign, other outdoor
					 display, public transit card, other periodical literature, publication, or in a
					 radio or television broadcast, or in any other media; except that such term
					 shall not include:
a. any label
				  affixed to any bottle of distilled spirits or container or wine or malt
				  beverages; or any individual covering carton, or other container of the bottle
				  or container which constitute a part of the labeling under federal law and
				  regulations; or
b. any editorial or
				  other reading material
(i.e.
news release) in any periodical
				  or publication or newspaper for the publication of which no money or valuable
				  consideration is paid or promised, directly or indirectly, by any permittee,
				  and which is not written by or at the direction of the permittee.
Alcoholic Beverages
-any fluid or any solid
					 capable of being converted into fluid, suitable for human consumption, and
					 containing more than 1/2 of 1 percent alcohol by volume, including malt,
					 vinous, spiritous, alcoholic or intoxicating liquors, beer, porter, ale, stout,
					 fruit juices, cider, or wine.
Beverages of High Alcoholic
					 Content-
alcoholic beverages containing more than 6 percent alcohol by
					 volume.
Beverages of Low Alcoholic
					 Content
-alcoholic beverages containing not more than 6 percent alcohol
					 by volume.
Brewer-
any person who, directly or
					 indirectly, personally or through any agency, engages in the making or
					 production of malt beverages.
Bureau
-the Bureau of Alcohol, Tobacco and
					 Firearms of the United States Treasury Department.
Commissioner
-the Louisiana Commissioner of
					 Alcohol and Tobacco Control.
Cost to Industry Members-
the invoice cost,
					 or the replacement cost, of the merchandise to the industry member, whichever
					 is lower:
a. less all trade discounts
				  except customary discounts for cash and discounts from the state or any
				  governmental agency allowed for the payment of collection of any
				  taxes;
b. plus, in the following
				  order:
i. freight charges not otherwise
				  included in the invoice cost or the replacement cost of the
				  merchandise;
ii. cartage cost which
				  shall be 3/4 of 1 percent of the cost to the industry member after adding
				  freight charges but before adding cartage, any existing tobacco stamp excise
				  tax, and markup;
iii. any existing
				  tobacco stamp excise tax;
iv. a
				  markup to cover a proportionate part of the cost of doing business which
				  markup, in the absence of proof of a lesser cost, shall be 2 percent of the
				  cost to the industry member after adding freight charges, cartage, and any
				  existing tobacco stamp excise tax.
Enhancer
-an item used as part of a display
					 and which may be awarded to a customer who shops in a retail outlet voluntarily
					 participating in a contest, offer, promotion, sweepstakes, or advertising or
					 marketing campaign, the object of which is to award the enhancer to a winner
					 thereof.
Exclusive Outlet
- the requirement, by
					 agreement or otherwise, that any retail dealer engaged in the sale of distilled
					 spirits, wine, malt beverages, or malt liquors purchase any such products from
					 such person to the exclusion in whole or in part of distilled spirits, wine,
					 malt beverages, or malt liquors sold or offered for sale by other
					 persons.
Handle
- sell, use, distribute, store,
					 consume, or otherwise handle.
Importer
- any dealer who imports alcoholic
					 beverages from any state, territory, possession, or foreign country for
					 handling in Louisiana.
Industry Member
-any person engaged in
					 business as a distiller, brewer, rectifier, blender or other producer, or as an
					 importer or wholesaler, of distilled spirits, wine, malt beverages, or malt
					 liquors, or as a bottler, or warehouseman and bottler, of distilled spirits,
					 but shall not include an agency of a state or political subdivision thereof, or
					 an officer or employee of such agency.
Malt Beverages
or
Malt
					 Liquors
-beverage made by the alcoholic fermentation of an infusion or
					 decoction, or combination of both, in potable brewing water, of malted barley
					 with hops, or their parts, or their products, and with or without other malted
					 cereals, and with or without the addition of unmalted or prepared cereals,
					 other carbohydrates, or products prepared therefrom, and with or without the
					 addition of carbon dioxide, and with or without other wholesome products
					 suitable for human food consumption.
Manufacturer
-any person who, directly or
					 indirectly, personally or through any agency, engages in the making, blending,
					 rectifying, or other processing of alcoholic beverages in Louisiana or outside
					 the state for shipments to licensed wholesale dealers within the state.
Person
-any individual, municipality,
					 industry, public or private corporation, partnership, firm, or any other
					 entity.
Retail Dealer
or
Retailer
-any person who offers for sale, exposes for sale, has
					 in his possession for sale or distribution, or sells alcoholic beverages in any
					 quantity to persons other than licensed wholesale or retail dealers.
Retailer Trade Association
-an association
					 or similar designation with a majority of its members holding a state retail
					 alcoholic beverage permit that is registered and in good standing with the
					 Louisiana secretary of state as a nonprofit entity who has applied with and
					 received approval from the Internal Revenue Service as a 501(c)(6) tax exempt
					 organization in good standing.
Social Media Advertisement
-any
					 advertisement disseminated by social network services, video sharing sites,
					 blogs, microblogs, links and quick response codes.
Sweepstakes
-any program which employs any
					 enhancer(s) that exceed $155 in value as part of a retail display for any
					 contest, offer, promotion, or advertising or marketing campaign.
Tied House
-when any retail dealer engaged
					 in the sale of distilled spirits, wine, malt beverages, or malt liquors is
					 induced to purchase any such products from such person to the exclusion in
					 whole or in part of distilled spirits, wine, malt beverages, or malt liquors
					 sold or offered for sale by other persons through any of the following means:
a. by acquiring or holding after the
				  expiration of any existing license any interest in any license with respect to
				  the premises of the retail dealer;
b. by acquiring any interest in real or
				  personal property owned, occupied, or used by the retail dealer in the conduct
				  of his business;
c. by furnishing,
				  giving, renting, lending, or selling to the retail dealer, any equipment,
				  fixtures, signs, supplies, money, services, or other thing of value, subject to
				  such exceptions as the commissioner of alcohol and tobacco control shall by
				  regulation prescribe, having due regard for public health, the quantity and
				  value of articles involved, established trade customs not contrary to the
				  public interest and the purposes of this Section;
d. by paying or crediting the retail dealer
				  for any advertising, display, or distribution service;
e. by guaranteeing any loan or the repayment
				  of any financial obligation of the retail dealer;
f. by extending to the retail credit;
				  or
g. by requiring the retail
				  dealer to take and dispose of a certain quota of any of such products.
Wholesale Dealer
or
Wholesaler
- any person who sells alcoholic beverages to
					 licensed wholesale dealers or licensed retail dealers exclusively within the
					 state or to any person for delivery beyond the borders of the state and who
					 conducts a bona fide wholesale business and maintains a warehouse or warehouses
					 for the storage and warehousing of alcoholic beverages in the area where
					 domiciled and licensed by the state, and conducts and maintains systematic and
					 regular solicitations, distribution, deliveries, and sales of the alcoholic
					 beverages to licensed retail dealers located within the boundary of each parish
					 and municipality in which the wholesale dealer makes any sale or
					 delivery.