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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1484 (Substitute for House Bill No. 503 by Representative Danahay)
BY REPRESENTATIVE DANAHAY
ALCOHOLIC BEVERAGES: Provides relative to homebrew beer
AN ACT1
To amend and reenact R.S. 26:90(A)(5) and 286(A)(5) and to enact R.S. 26:793(A)(5),2
relative to homebrew beer; to provide for exceptions to the prohibitions for alcohol3
of high and low alcoholic content for homebrew beer; to provide for a three-day4
special event permit for a retail dealer to authorize homebrew on the licensed5
permits; to provide for purposes for which homebrew beer is authorized; to provide6
for limitations; to provide for definitions; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 26:90(A)(5) and 286(A)(5) are hereby amended and reenacted and9
R.S. 26:793(A)(5) is hereby enacted to read as follows: 10
§90. Acts prohibited on licensed premises; suspension or revocation of permits11
A. No person holding a retail dealer's permit and no agent, associate,12
employee, representative, or servant of any such person shall do or permit any of the13
following acts to be done on or about the licensed premises:14
* * *15
(5) Sell, offer for sale, possess, or permit the consumption on or about the16
licensed premises of any kind or type of alcoholic beverage, the sale or possession17
of which is not authorized under his permit, except as provided for in R.S.18
26:793(A)(5).19
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§286. Acts prohibited on licensed premises; suspension or revocation of permits1
A. No person holding a retail dealer's permit and no servant, agent, or2
employee of the permittee shall do any of the following acts upon the licensed3
premises:4
* * *5
(5) Sell, offer for sale, possess, or permit the consumption on the licensed6
premises of any kind or type of alcoholic beverages, the sale, or possession of which7
is not authorized under his permit, except as provided for in R.S. 26:793(A)(5).8
* * *9
§793. Additional powers of the commissioner10
A.11
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(5)(a) Notwithstanding any other provision of law to the contrary, the13
commissioner shall issue a three-day special event permit to any retail dealer14
qualified for on premise consumption who applies for such permit at no fee15
authorizing the retail dealer to allow a person to bring homebrew alcoholic beverages16
on his licensed premises for the purpose of possessing, consuming, and serving such17
homebrew on his licensed premises in connection with homebrew club meetings,18
organized affairs, exhibitions, or competitions such as homebrewer's contests,19
tastings, or judging in accordance with all of the following criteria:20
(i) Homebrew shall not be sold or offered for sale.21
(ii) Homebrew shall be served only to those individuals attending the special22
event.23
(iii) All homebrew alcoholic beverages shall be removed from the licensed24
premises within a reasonable time upon conclusion of the special event.25
(b) For purposes of this Paragraph, "homebrew" shall mean the brewing of26
beer, mead, and other alcoholic beverages through fermentation on a small scale as27
a hobby for personal consumption, free distribution at residential social gatherings,28 HLS 10RS-3670 REENGROSSED
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and amateur brewing competitions or other noncommercial reasons as provided for1
in Paragraph (1) of this Subsection regarding special event licenses.2
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Danahay HB No. 1484
Abstract: Provides that the three-day special event permit applies to a retail dealer to
authorize a person other than the licensee to bring homebrew alcoholic beverages on
the licensed premises for certain purposes under specified conditions.
Proposed law requires the commissioner to issue a three-day special event permit to any
retail dealer qualified for on premise consumption who applies for such permit for no fee
authorizing the retail dealer to allow a person to bring homebrew alcoholic beverages on his
licensed premises for the purpose of possessing, consuming, and serving such homebrew on
his licensed premises in connection with homebrew club meetings, organized affairs,
exhibitions, or competitions such as homebrewer's contests, tastings, or judging.
Proposed law requires all of the following criteria to be met:
(1)Homebrew shall not be sold or offered for sale.
(2)Homebrew shall only be served to those individuals attending the special event.
(3)All homebrew alcoholic beverages shall be removed from the licensed premises
within a reasonable time upon conclusion of the special event.
Proposed law defines "homebrew" as the brewing of beer, mead, and other alcoholic
beverages through fermentation on a small scale as a hobby for personal consumption, free
distribution at residential social gatherings, and amateur brewing competitions or other
noncommercial reasons authorized by present law regarding three-day special event permits.
(Amends R.S. 26:90(A)(5) and 286(A)(5); Adds R.S. 26:793(A)(5))