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ACT No. 953
Regular Session, 2010
HOUSE BILL NO. 1484 (Substitute for House Bill No. 503 by Representative Danahay)
BY REPRESENTATIVE DANAHAY
AN ACT1
To amend and reenact R.S. 26:2(6) through (22), 71.1(2), 90(A)(5), 241(5) through (18),2
271.2(2), and 286(A)(5) and to enact R.S. 26:2(23), 241(19), and 793(A)(5), relative3
to alcoholic beverages; to provide for exceptions to the prohibitions for alcohol of4
high and low alcoholic content for homebrew beer; to provide for a three-day special5
event permit for a retail dealer to authorize homebrew on the licensed permits; to6
provide for purposes for which homebrew beer is authorized; to provide for7
limitations; to include a dinner theater within the permitting process; to provide for8
definitions; to provide for an effective date; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 26:2(6) through (22), 71.1(2), 90(A)(5), 241(5) through (18),11
271.2(2), and 286(A)(5) are hereby amended and reenacted and R.S. 26:2(23), 241(19), and12
793(A)(5) are hereby enacted to read as follows:13
§2. Definitions14
For purposes of this Chapter, the following terms have the respective15
meanings ascribed to them in this Section, unless a different meaning clearly appears16
from the context:17
* * *18
(6) "Dinner theater" means an establishment that is a "restaurant19
establishment", as defined by R.S. 26:73(C)(1), where food orders are taken and food20
service is provided in both a restaurant dining area and where patrons are seated to21
view live theatrical productions or the showing of film, still pictures, electronic or22
digital reproductions, or other visual reproductions.23 ENROLLEDHB NO. 1484
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(6) (7) "Liquor" means all distilled or rectified alcoholic spirits, brandy,1
whiskey, rum, gin, and all similar distilled alcoholic beverages, including all2
dilutions and mixtures of one or more of the foregoing, such as liquors, cordials, and3
similar compounds.4
(7) (8) "Liquor retail distribution center" means any liquor retailer who has5
continuously maintained a distribution center or centers for distribution to its wholly6
owned retail permittees on or prior to January 1, 1961, in this state, or any7
commercial airline which stores alcoholic beverages in sealed containers of any size8
at any airport regularly served by the permittee. Such possession for retail sale or9
distribution therefrom shall be limited to alcohol of high volume content in any10
quantity.11
(8) (9) "Liquor retailer" means any dealer, other than a manufacturer or12
wholesaler, who sells, offers for sale, exposes for sale, or has in his possession for13
sale or distribution any alcoholic beverages in any quantity.14
(9) (10) "Liquor wholesaler" means any dealer who sells any alcoholic15
beverage to other licensed liquor wholesale dealers or to licensed retail liquor dealers16
in the state or who sells alcoholic beverages for delivery beyond the borders of the17
state in amounts to be fixed by the commissioner, or who imports any alcoholic18
beverages into the state, and who meets the standards set forth in this Chapter.19
(10) (11) "Manufacturer" means any person, other than a wine producer, who20
personally or through any agent whatever engages in the making, blending,21
rectifying, or processing of any alcoholic beverage in Louisiana; engages in the22
making, blending, rectifying, or processing any alcoholic beverage outside Louisiana23
for sale in Louisiana; or engages in the business of supplying alcoholic beverages to24
licensed wholesale dealers in Louisiana.25
(11) (12) "Outlet" means a place where any person draws or removes any26
alcoholic beverage from its container for consumption on the premises.27
(12) (13) "Package house-Class B" means a place consisting of no less than28
five hundred square feet of public habitable area which sells alcoholic beverages in29
factory sealed containers for transportation and consumption off the premises and30 ENROLLEDHB NO. 1484
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where no person is allowed to tamper with or otherwise disrupt the manufacturer's1
seal on or about the licensed premises.2
(13) (14) "Regulated beverage" means any alcoholic beverage.3
(14) (15) "Solicitor" means any person who offers for sale or solicits any4
orders for the sale of any regulated beverage, other than in a regularly established5
and licensed place of business in this state, for delivery or shipment to any point in6
the state, whether done as owner, agent, or servant.7
(15) (16) "Sparkling wine" means any effervescent alcoholic beverage8
derived from the juice of any fruit, or synthesis thereof, charged with carbon dioxide,9
either artificially or as the result of secondary fermentation within the container.10
(16) (17) "Still wine" means any non-effervescent alcoholic beverage11
derived from the juice of any fruit, or synthesis thereof.12
(17) (18) "Supplier" means any person, other than a wine producer, who13
manufactures, makes, blends, rectifies, distills, processes, or purchases alcoholic14
beverages outside the state of Louisiana and imports, sells, offers for sale, solicits15
orders for sale, distributes, or delivers such alcoholic beverages in Louisiana.16
(18) (19) "Wholesale dealer" means those persons who sell alcoholic17
beverages of high alcoholic content to licensed wholesale dealers or licensed retail18
dealers exclusively, within the state or to any person for delivery beyond the borders19
of the state to a licensed dealer in that state and who conduct a bona fide wholesale20
business and maintain a warehouse or warehouses for the storage and warehousing21
of alcoholic beverages of high alcoholic content in the area where domiciled and22
licensed by the state, and conduct and maintain systematic and regular solicitations,23
distribution, deliveries, and sales of said beverages to licensed retail dealers located24
within the boundary of each parish, municipality, or geographic area, as contractually25
defined between the wholesaler and his supplier, in which the wholesale dealer26
makes any sale or delivery.27
(19) (20) "Wine package house" means a place where a person sells only28
sparkling wine and still wine in the original package or closed container, prepared29
for transportation and consumption off the premises.30 ENROLLEDHB NO. 1484
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(20) (21) "Wine producer" means any person who, directly or indirectly,1
personally or through any agency, cultivates and grows grapes, fruits, berries, honey,2
or vegetables from which wine of an alcoholic content in excess of six percent by3
volume is produced and bottled from a fermentation of such grapes, fruits, berries,4
honey, or vegetables in Louisiana or outside the state for shipments to licensed5
wholesale dealers within the state subject to the provisions of R.S. 26:364.6
(21) (22) "Winery" means a plot of land located in Louisiana used to7
cultivate and grow grapes, fruits, berries, honey, or vegetables for the purpose of8
fermenting such grapes, fruits, berries, honey, or vegetables to produce and bottle9
wine of an alcoholic content in excess of six percent by volume.10
(22) (23) "Wine wholesaler" means any dealer who sells only sparkling wine11
and still wine to other licensed wholesale dealers or to licensed retail dealers for12
resale within the state.13
* * *14
§71.1. Class A permit; definitions15
The commissioner shall issue the following four types of Class A retail liquor16
permits:17
* * *18
(2) Class A-Restaurant:19
A Class A-Restaurant permit shall be issued only to a "restaurant20
establishment" as defined by R.S. 26:73(B) R.S. 26:73(C)(1) or a dinner theater as21
defined in R.S. 26:2(6) and issued to a facility in conjunction with a Class "R"22
restaurant permit under the provisions of R.S. 26:73.23
* * *24
§90. Acts prohibited on licensed premises; suspension or revocation of permits25
A. No person holding a retail dealer's permit and no agent, associate,26
employee, representative, or servant of any such person shall do or permit any of the27
following acts to be done on or about the licensed premises:28
* * *29 ENROLLEDHB NO. 1484
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(5) Sell, offer for sale, possess, or permit the consumption on or about the1
licensed premises of any kind or type of alcoholic beverage, the sale or possession2
of which is not authorized under his permit, except as provided for in R.S.3
26:793(A)(5).4
* * *5
§241. Definitions6
The following terms have the respective meanings ascribed to them except7
in those instances where the context indicates a different meaning:8
* * *9
(5) "Dinner theater" means an establishment that is a "restaurant10
establishment", as defined by R.S. 26:73(C)(1), where food orders are taken and food11
service is provided in both a restaurant dining area and where patrons are seated to12
view live theatrical productions or the showing of film, still pictures, electronic or13
digital reproductions, or other visual reproductions.14
(5) (6) "Handle" means sell, use, distribute, store, consume, or otherwise15
handle.16
(6) (7) "Liquors" means all distilled or rectified alcoholic spirits, brandy,17
whiskey, rum, gin, and all similar distilled alcoholic beverages, including all18
dilutions and mixtures of one or more of the foregoing, such as liquors, cordials, and19
similar compounds.20
(7) (8) "Liter" means a metric unit of capacity equal to one thousand cubic21
centimeters at four degrees centigrade, and it is equivalent to 33.814 United States22
fluid ounces. For the purposes of this Part, a liter is subdivided into one thousand23
equal milliliters.24
(8) (9)(a) "Malt beverages containing not more than six percent alcohol by25
volume" means beverages obtained by alcoholic fermentation of an infusion or by26
a brewing process or concoction of barley or other grain, malt, sugars, and hops in27
water, including among other things, ale, beer, stout, porter, and the like. Malt28
beverages are exclusive of all "liquors" whether they be defined as intoxicating or29 ENROLLEDHB NO. 1484
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spirituous liquors, or as alcoholic, vinous, or malt liquors, or however otherwise1
defined as liquors, which are produced by distillation.2
(b) "Malt beverages containing more than six percent alcohol by volume"3
means beverages obtained by alcoholic fermentation of an infusion or by a brewing4
process or concoction of barley or other grain, malt, sugars, and hops in water,5
including among other things, ale, beer, stout, porter, and the like. Malt beverages6
are exclusive of all "liquors" whether they be defined as intoxicating or spirituous7
liquors, or as alcoholic, vinous, or malt liquors, or however otherwise defined as8
liquors, which are produced by distillation.9
(c) For purposes of R.S. 26:287(A)(9) and (10) and 741 only, malt beverages10
shall mean all beverages, regardless of alcoholic content, as defined in this Paragraph11
and all beverages of low alcoholic content as defined in Paragraphs (16) and (17) of12
this Section.13
(9) (10) "Manufacturer or brewer" means any person who, directly or14
indirectly, personally or through any agency, person, or establishment, engages in15
the making, blending, rectifying, brewing, or other processing of alcoholic beverages16
in Louisiana or outside the state for shipments to licensed wholesale dealers within17
the state subject to the provisions of R.S. 26:364.18
(10) (11) "Microbrewer" means any person who, directly or indirectly,19
personally or through any agency, engages in the making, blending, rectifying, or20
other processing of beer or other malt beverages for sale in an amount not to exceed21
twelve thousand five hundred barrels per year.22
(11) (12) "Microbrewery" means an establishment wherein beer and other23
malt beverages are brewed in small quantities, not to exceed twelve thousand five24
hundred barrels per year, and where such beverages are sold on or off the licensed25
premises at retail.26
(12) (13) "Package house-Class B" means a place consisting of no less than27
five hundred square feet of public habitable area which sells alcoholic beverages in28
factory sealed containers for transportation and consumption off the premises and29 ENROLLEDHB NO. 1484
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where no person is allowed to tamper with or otherwise disrupt the manufacturer's1
seal on or about the licensed premises.2
(13) (14) "Premises", or "premises to be licensed", means the building or that3
part of the building as defined in the application for the permit in which beverages4
of low alcoholic content are sold, except in cases where such beverages are regularly5
sold or served outside the building, the terms shall also include such outside area.6
(14) (15) "Retail dealer" means every person who offers for sale, exposes for7
sale, has in his possession for sale or distribution, or sells alcoholic beverages in any8
quantity to persons other than licensed wholesale or retail dealers.9
(15) (16) "Secretary" means the secretary of the Department of Revenue, or10
his duly authorized agents.11
(16) (17) "Sparkling wine" means champagne and any other effervescent12
wine charged with carbon dioxide, whether artificially or as the result of secondary13
fermentation of the wine within the container.14
(17) (18) "Still wine" means any noneffervescent wine, including any15
fortified wine, vermouth, any artificial imitation wine, any compound sold as "still16
wine", and any fruit juice.17
(18) (19)(a) "Wholesale dealer of malt beverages containing not more than18
six percent alcohol by volume" means those persons who sell malt beverages19
containing not more than six percent alcohol by volume and alcoholic beverages of20
low alcoholic content to licensed wholesale dealers or licensed retail dealers21
exclusively, within the state or to any person for delivery beyond the borders of the22
state to a licensed dealer in that state and who conduct a bona fide wholesale23
business and maintain a warehouse or warehouses for the storage and warehousing24
of malt beverages and alcoholic beverages of low alcoholic content in the area where25
domiciled and licensed by the state, and conduct and maintain systematic and regular26
solicitations, distribution, deliveries, and sales of said beverages to licensed retail27
dealers located within the boundary of each parish, municipality, or geographic area,28
as contractually defined between the wholesaler and his supplier, in which the29
wholesale dealer makes any sale or delivery. 30 ENROLLEDHB NO. 1484
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(b) "Wholesale dealer of malt beverages containing more than six percent1
alcohol by volume" means those persons who sell malt beverages containing more2
than six percent alcohol by volume and alcoholic beverages of low alcoholic content3
to licensed wholesale dealers or licensed retail dealers exclusively, within the state4
or to any person for delivery beyond the borders of the state to a licensed dealer in5
that state and who conduct a bona fide wholesale business and maintain a warehouse6
or warehouses for the storage and warehousing of malt beverages and alcoholic7
beverages of low alcoholic content in the area where domiciled and licensed by the8
state, and conduct and maintain systematic and regular solicitations, distribution,9
deliveries, and sales of said beverages to licensed retail dealers located within the10
boundary of each parish, municipality, or geographic area, as contractually defined11
between the wholesaler and his supplier, in which the wholesale dealer makes any12
sale or delivery.13
* * *14
§271.2. Class A permit; definitions15
The commissioner shall issue the following four types of Class A retail16
permits for beverages of low alcoholic content:17
* * *18
(2) Class A-Restaurant:19
A Class A-Restaurant permit shall be issued only to a "restaurant20
establishment" as defined by R.S. 26:272(B) R.S. 26:272(C)(1) or a dinner theater21
as defined in R.S. 26:241(5), and issued to a facility in conjunction with a Class "R"22
restaurant permit under the provisions of R.S. 26:272.23
* * *24
§286. Acts prohibited on licensed premises; suspension or revocation of permits25
A. No person holding a retail dealer's permit and no servant, agent, or26
employee of the permittee shall do any of the following acts upon the licensed27
premises:28
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(5) Sell, offer for sale, possess, or permit the consumption on the licensed1
premises of any kind or type of alcoholic beverages, the sale, or possession of which2
is not authorized under his permit, except as provided for in R.S. 26:793(A)(5).3
* * *4
§793. Additional powers of the commissioner5
A.6
* * *7
(5)(a) Notwithstanding any other provision of law to the contrary, the8
commissioner shall issue a three-day special event permit to any retail dealer9
qualified for on premise consumption who applies for such permit at no fee10
authorizing the retail dealer to allow a person to bring homebrew alcoholic beverages11
on his licensed premises for the purpose of possessing, consuming, and serving such12
homebrew on his licensed premises in connection with homebrew club meetings,13
organized affairs, exhibitions, or competitions such as homebrewer's contests,14
tastings, or judging in accordance with all of the following criteria:15
(i) Homebrew shall not be sold or offered for sale.16
(ii) Homebrew shall be served only to those individuals attending the special17
event and shall not be served to the patrons of the retail establishment or general18
public.19
(iii) All homebrew alcoholic beverages shall be removed from the licensed20
premises within a reasonable time upon conclusion of the special event.21
(iv) The retail dealer shall not be required to obtain a special events permit22
from the Department of Health and Hospitals and shall be exempt from any23
additional compliance with the state's Sanitary Code but only with regard to the24
duration and location 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 ENROLLEDHB NO. 1484
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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
* * *3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and- subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: