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-307 - Regulation IV- Definitions and Explanations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions
Alcoholic Beverages
- [as used in
					 R.S.
					 26:80(E), (F), (G), and (H)]
					 interpreted as defined in
					 R.S.
					 26:2(1).
Bona Fide Wholesaler
- a dealer who in good
					 faith truly and openly conducts the business of wholesaling alcoholic beverages
					 to retailers in an immediate trade area without any simulation or pretense as
					 to his true classification as a wholesaler.
Immediate Trade Area
- (as used in
					 R.S.
					 26:80) that geographical area in which a
					 wholesale permittee in good faith actually carries on and intends to carry on a
					 bona fide wholesale business by regular sales and deliveries of alcoholic
					 beverages on hand to at least 20 percent of the retail permittees carrying on
					 business in such area with separate sales to said retailers accounting for at
					 least 50 percent of the gallonage handled by said wholesale permittee.
Liquor
- [as used in
					 R.S.
					 26:80(D)] interpreted as
					 defined in
					 R.S.
					 26:2(2).
B. Every bona fide wholesale dealer must
				  necessarily have an immediate trade area the size of which depends upon the
				  scope and extent of his operation.
C. Every applicant for a wholesale license
				  must define his immediate trade area, as defined above, at the time of
				  application. An applicant's designation must be reasonable and must not contain
				  artificial or unrealistic areas, or areas amounting to a pretense or
				  simulation.
D. No wholesale permit
				  shall be issued to any applicant, or, if issued no wholesale permit shall be
				  held by any permittee unless such applicant or permittee, at all times
				  throughout the license year, meets and maintains, in addition to all other
				  qualifications and requirements provided by law, the applicable standards set
				  forth in
				  R.S.
				  26:80, and in these regulations.
E. A Schedule B is required by the board of
				  every wholesale permit applicant. This schedule must be filed prior to the
				  issuance or renewal of any wholesale permit and must be answered in
				  anticipation of the coming year's operation.
F. At any time during the license year, the
				  board may require any wholesale dealer to file with the board any pertinent
				  information requested in connection with his classification as a wholesale
				  dealer.
G. At any time during the
				  license year, the board may order an inspection and audit of any wholesale
				  dealer in connection with his classification as a wholesale dealer.
H. All inspections and audits made and all
				  Schedule B's on file shall remain confidential in the board's files, unless and
				  until the same are used in connection with enforcement purposes or any denial,
				  suspension or revocation preceding based upon
				  R.S.
				  26:80(D), (E), (F), (G), and
				  (H).
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 26:32.