HLS 12RS-768 ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 523
BY REPRESENTATIVE ARNOLD
ALCOHOLIC BEVERAGE PERMT: Provides for permitting fees collected by the
commissioner of alcohol and tobacco control
AN ACT1
To amend and reenact R.S. 26:71(A)(introductory paragraph), 271(A)(introductory2
paragraph), and 903(introductory paragraph), relative to permit fees for the sale of3
alcohol and tobacco products; to authorize the commissioner of alcohol and tobacco4
control to collect certain permit fees for the manufacturing, supplying, or dealing in5
alcohol and tobacco products; to authorize the promulgation of rules; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 26:71(A)(introductory paragraph), 271(A)(introductory paragraph),9
and 903(introductory paragraph) are hereby amended and reenacted to read as follows: 10
§71. Permits required; fees; exception11
A. Except as provided in Subsections B and C of this Section, before12
engaging in the business of manufacturing, supplying, or dealing in alcoholic13
beverages, all persons shall obtain from the commissioner, according to established14
rules and regulations, a permit to conduct each separate business and shall pay the15
commissioner therefore according to a fee not to exceed the amounts provided for16
in the following schedule and in accordance with regulations promulgated pursuant17
to the provisions of the Administrative Procedure Act for each year the permit is18
valid:19
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§271. Permits required; fees1
A. Before engaging in the business of dealing in malt beverages or beverages2
of low alcoholic content, all manufacturers, wholesale and retail dealers, and3
microbrewers shall obtain from the commissioner, according to established rules and4
regulations, a permit to conduct each separate manufacturing, wholesale, retail, or5
microbrewery business and shall pay for each permit according to a fee not to exceed6
the amounts provided for in the following schedule and in accordance with7
regulations promulgated pursuant to the provisions of the Administrative Procedure8
Act for each year the permit is valid:9
* * *10
§903. Permit fees11
The fees for each registration certification or permit shall be as follows not12
exceed amounts provided for in the following schedule and in accordance with13
regulations promulgated pursuant to the provisions of the Administrative Procedure14
Act:15
* * *16
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)]
Arnold HB No. 523
Abstract: Provides for a limitation on permit fees that can be collected by the
commissioner of alcohol and tobacco control for each alcohol or tobacco business.
Present law requires all persons before engaging in the business of manufacturing,
supplying, or dealing in alcoholic beverages, to obtain an annual permit from the
commissioner of the ATC to conduct each separate business.
Present law provides for a permit fee schedule as follows:
(1)In-state manufacturers must pay $1,000.
(2)Out-of-state manufacturers and suppliers who sell less than 1,000 cases of product
in the state must pay $200 and all other out-of-state manufacturers and suppliers
must pay $1,000.
(3)Retailers with Class A permits must pay $200 for each place of business in any city
in the state and $100 for each place of business in a town, village, or unincorporated HLS 12RS-768 ORIGINAL
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place and retailers with a Class A-Restaurant and Class A-Special must pay $200 for
each establishment in state.
(4)Those operating package houses with a Class B Retail Liquor Permit shall pay $100
for each place of business in any city in the state and $50 for each place of business
in a town, village, or unincorporated place.
(5)Those operating Class C Package Stores shall pay $100 for each place of business
in any city in the state and $50 for each place of business in a town, village, or
unincorporated place.
(6)A fee of $100 for each $100,000 of gross retail liquor sales, after the first $100,000
of gross retail liquor sales, shall be levied according to the schedule below which
shall be in addition to those fees enumerated in present law:
GROSS SALES ADDITIONAL FEES
$0.00 to $99,999.99 -0-
$100,000.00 to $199,999.99 $100.00
$200,000.00 to $299,999.99 $200.00
$300,000.00 to $399,999.99 $300.00
$400,000.00 to $499,999.99 $400.00
$500,000.00 to $599,999.99 $500.00
$600,000.00 and over $600.00
(7)Solicitors shall pay $5 each.
(8)Retail distribution centers, other than manufacturers, wholesalers, retailers, or
solicitors shall pay $1,000 for each storage facility in the state.
(9)Wine producers shall pay $50.
(10)Wineries shall pay $50.
Proposed law retains present law and adds that the commissioner cannot collect any more
than the amounts provided for in the fee schedule.
Present law requires all persons before engaging in the business of dealing in malt beverages
or beverages of low alcoholic content to obtain an annual permit from the commissioner of
the ATC to conduct each separate manufacturing, wholesale, retail, or microbrewery
business.
Present law provides for the following fee schedule for each year the permit is valid:
(1)Wholesaler dealers of malt beverages containing not more than 6% alcohol by
volume shall pay $1,000. There is no additional permit fee for malt beverages
containing more than 6% alcohol by volume.
(2)Retailers with Class A retail permits for beverages of low alcoholic content shall pay
for each establishment, business, or facility within the state, $70 for a Class A-
General, $70 for a Class A-Restaurant, and $30 for a Class A-Special.
(3)Retailers with a Class B permit must pay $70.
(4)Retailers with a Class C Package Store must pay $70.
(5)A microbrewer must pay $1,000 for a permit to engage in the brewing of beer and
other malt beverages at a single location in an amount not to exceed 12,500 barrels,
and is authorized to sell the brewed beverages at retail from that location. HLS 12RS-768 ORIGINAL
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(6)In-state manufacturers must pay $1,000 for each establishment.
(7)Out-of-state manufacturers and suppliers who sell less than 10,000 barrels of product
in the state must pay $200 and all other out-of-state manufacturers and suppliers
must pay $1,000.
Proposed law retains present law and adds that the commissioner cannot collect any more
than the amounts provided for in the fee schedule.
Present law provides for required annual fees for each registration certification or permit as
follows:
(1)$25 for a retail dealer registration certificate.
(2)$75 for a retail dealer permit.
(3)$75 for a vending machine operator.
(4)$5 for a vending machine.
(5)$75 for a wholesale dealer.
(6)Rules must be promulgated by the commissioner of ATC to issue a single permit for
La. tobacconists to operate as a retail tobacco dealer and as a wholesale tobacco
dealer, and the fee for the permit must be set at the current rate in effect on Aug. 15,
2010.
Proposed law retains present law and adds that the commissioner cannot collect any more
than the amounts provided for in the fee schedule.
(Amends R.S. 26:71(A)(intro. para.), 271(A)(intro. para.), and 903(intro. para.))