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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 64
BY SENATOR MORRISH
ALCOHOLIC BEVERAGES. Provides for issuance of certain retail permits. (8/1/12)
AN ACT1
To amend and reenact R.S. 26:85.1, relative to alcohol permits; to provide for Class A-2
General retail permits; to provide for Class B Retail Liquor Permit; to allow3
manufacturers to obtain a Class A-General retail permit or a Class B Retail Liquor4
Permit, or both, under certain circumstances; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 26:85.1 is hereby amended and reenacted to read as follows: 7
ยง85.1. Combination of manufacturing and retail business permitted; certain8
circumstances9
Notwithstanding any other provision of law to the contrary, any person who10
holds a manufacturer's permit issued by the state of Louisiana as of April 1, 2003,11
and has been a licensed liquor distiller continuously since January 1, 1997, and is12
located in a facility within an historic preservation district or within one mile of an13
historic preservation district and whose facility provides guided tours to visitors of14
that facility, is eligible to apply for and receive a Class B Retail Liquor Permit, if15
otherwise eligible, to sell no more than two thousand five hundred cases of the16
alcoholic beverage manufactured on the premises annually. the commissioner may17 SB NO. 64
SLS 12RS-64 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
issue a Class A-General retail permit or a Class B Retail Liquor Permit, or1
both, to any person who holds a valid manufacturer's permit issued by the state2
of Louisiana for a portion of a manufacturer's business premises where the3
manufacturer engages in the making, blending, rectifying, or processing of any4
alcoholic beverage in Louisiana so long as the manufacturer complies with R.S.5
27:71.1(1)(f) and the following:6
(1) No person under the age of eighteen years is allowed in the portion7
of the premises permitted as a Class A-General retail establishment.8
(2) Only alcoholic beverages manufactured at the licensed premises shall9
be sold, served, or consumed.10
(3) The manufacturer shall not sell any alcoholic beverages for11
transportation off of the premises to any other licensed alcoholic beverage retail12
dealer.13
(4) The manufacturer shall not sell more than one case, as defined in14
R.S. 26:351, to the same person each thirty day period.15
(5)(a) The manufacturer shall file all excise tax reports and pay all16
excise taxes imposed pursuant to this Title in connection with all alcoholic17
beverages served or sold at its Class A-General retail establishment.18
(b) The manufacturer shall file all excise tax reports and pay all excise19
taxes imposed pursuant to this Title in connection with all alcoholic beverages20
sold at its Class B retail establishment.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Present law creates an exception for certain persons who were issued a manufacturer's permit
as of April 1, 2003, and have been a licensed liquor distiller continuously since January 1,
1997, to become eligible to apply for and receive a Class B Retail Liquor Permit to sell no
more than 2,500 cases of the alcoholic beverage manufactured on the premises annually.
Proposed law repeals present law exception and grants the commissioner of the office of
alcohol, tobacco, and control the authority to issue a Class A-General retail permit or a Class
B Retail Liquor Permit, or both, to any person who holds a valid manufacturer's permit
issued by the state of Louisiana for a portion of a manufacturer's business premises where
the manufacturer engages in the making, blending, rectifying, or processing of any alcoholic SB NO. 64
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
beverage in Louisiana provided the manufacturer complies with certain provisions of law
and the following:
(1)No person under the age of 18 years is allowed in the portion of the premises
permitted as a Class-A General retail establishment.
(2)Only alcoholic beverages manufactured at the licensed premises shall be sold,
served, or consumed.
(3)The manufacturer shall not sell any alcoholic beverages for transportation off of the
premises to any other licensed alcoholic beverage retail dealer.
(4)The manufacturer shall not sell more than one case, as defined in law, to the same
person each 30 day period.
(5)The manufacturer shall file all excise tax reports and pay all excise taxes in
connection with all alcoholic beverages served or sold at its Class A-General or
Class B retail establishment.
Effective August 1, 2012.
(Amends R.S. 26:85.1)