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ACT No. 835
Regular Session, 2014
HOUSE BILL NO. 1036
BY REPRESENTATIVES ARNOLD, ABRAMSON, CONNICK, HARRISO N, AND
THIERRY
AN ACT1
To amend and reenact R.S. 26:75(C), 275(B), 352, 793(A)(1) and (5), and 932(4) and (10),2
relative to the donation of alcoholic beverages; to authorize the sampling of alcoholic3
beverages under a Special Event permit; to authorize the donation of alcoholic4
beverages to certain events and organizations; to provide for certain types of5
temporary alcoholic beverage permits; to provide for definitions; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 26:75(C), 275(B), 352, 793(A)(1) and (5), and 932(4) and (10) are9
hereby amended and reenacted to read as follows:10
§75. Operation without permit prohibited11
* * *12
C.(1) Notwithstanding any law to the contrary, beer, wine, or other spirit13
sampling for the purpose of allowing a consumer to try the taste of a product may be14
conducted on the premises of a Class A, or Class B, or a Special Event permit holder.15
(2) The commissioner shall promulgate rules and regulations for the16
conducting of spirit beverage alcohol sampling, which shall allow manufacturers and17
wholesalers to provide and display a limited amount of point of sales materials.18
* * *19
§275. Operation without permit prohibited20
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B.(1) Notwithstanding any law to the contrary, beer, wine, or other spirits1
sampling for the purpose of allowing a consumer to try the taste of a product may be2
conducted on the premises of a Class A, or Class B, or a Special Event permit holder.3
(2) The commissioner shall promulgate rules and regulations for the4
conducting of spirit beverage alcohol sampling, which shall allow manufacturers and5
wholesalers to provide and display a limited amount of point of sales materials.6
* * *7
§352. Donated alcoholic beverages of high alcoholic content taxable8
When a Any person gives away or any dealer may donate alcoholic beverages9
of high alcoholic content for advertising or for any other purpose, the beverages shall10
be taxed to a licensed Type A special event or to an unlicensed civic, religious, or11
charitable organization subject to the payment of any applicable excise taxes.12
* * *13
§793. Additional powers of the commissioner14
A.(1) The commissioner may provide by regulation for the issuance of three-15
day permits to retail permits to sell, offer for sale, or serve alcoholic beverages at16
fairs, festivals, civic and fraternal and religious events, Mardi Gras events, and17
nonprofit functions if the applicant, or any agent, member, officer, or representative18
thereof, has not had a license or permit to sell or deal in alcoholic beverages, issued19
by the United States, any state, or by a political subdivision of a state authorized to20
issue permits or licenses, revoked within two years prior to the application date. The21
permits shall be for a duration of three consecutive days only and no more than22
twelve such permits may be issued to any one person within a single calendar year.23
Fees for the permits shall be as provided by regulation.24
(a) There shall be three types of temporary alcoholic beverage permits: Type25
A, Type B, and Type C.26
(b) Type A permits shall be issued only to nonprofit organizations with tax27
exempt status under the United States Internal Revenue Code, Sections 501(c)(3),28
501(c)(6), and 501(c)(8), where no transactions exist, whether directly or indirectly,29
between the licensed tax exempt organizations and any disqualified person as30 ENROLLEDHB NO. 1036
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defined by the United States Internal Revenue Code Section 4958(f) or any similar1
subsequent provision. To qualify for this permit, applicants shall submit all2
documentation as required in the regulations promulgated in accordance with the3
provisions of this Section or upon the request of the commissioner.4
(c) Type B permits shall be issued only to nonprofit organizations, which are5
able to provide written proof of their nonprofit status, but are unable to show written6
proof of their tax exempt status under the United States Internal Revenue Code,7
Sections 501(c)(3), 501(c)(6), or 501(c)(8) and no transactions, exist, whether8
directly or indirectly, between the licensed tax exempt organization and any9
disqualified person as defined by the United States Internal Revenue Code, Section10
4958(f) or any similar provision. To qualify for this permit, applicants shall submit11
all documentation as required in the regulations promulgated in accordance with the12
provisions of this Section or upon the request of the commissioner.13
(d) Type C permits shall be issued to persons holding events where alcoholic14
beverages are sold or supplied as part of a general admission or other type fee, but15
who do not meet the requirements for Type A or Type B temporary permits. To16
qualify for this permit, applicants shall submit all documentation as required in the17
regulations or upon the request of the commissioner. Such regulations shall be18
promulgated in accordance with the Administrative Procedure Act are necessary to19
implement the provisions of this Subparagraph.20
(e) The commissioner shall not issue a three-day temporary retail permit21
under this Paragraph to any alcoholic beverage manufacturer, wholesale dealer,22
homebrewer, or to any association with a membership that is primarily comprised23
of alcoholic beverage manufacturers, wholesale dealers, and/or homebrewers.24
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(5)(a) Notwithstanding any other provision of law to the contrary, the26
commissioner shall issue a three-day special event homebrew permit to any retail27
dealer qualified for on premise consumption who applies for such permit at no fee28
authorizing the retail dealer to allow a person to bring homebrew alcoholic beverages29
on his licensed premises for the purpose of possessing, consuming, and serving such30 ENROLLEDHB NO. 1036
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homebrew on his licensed premises in connection with homebrew club meetings,1
organized affairs, exhibitions, or competitions such as homebrewer's contests,2
tastings, or judging where no general admission or other type of fee or charge is3
assessed in connection with the homebrew permit and in accordance with all of the4
following criteria:5
(i) Homebrew shall not be sold or offered for sale and the person who makes6
the homebrew or any association of persons who make the homebrew shall not7
receive any compensation or any other thing of value, whether directly or indirectly,8
other than trophies, plaques, certificates, ribbons, medals, or similar awards of9
nominal value, from any club meetings, organized affairs, exhibitions, competitions10
or other events where the homebrew is sampled in accordance with the sampling11
provisions promulgated under the authority of R.S. 26:75(C) and 275(B).12
(ii) Homebrew shall be served only to those individuals attending the special13
event homebrew event and shall not be served to the patrons of the retail14
establishment or general public.15
(iii) All homebrew alcoholic beverages shall be removed from the licensed16
premises within a reasonable time upon conclusion of the special event homebrew17
event.18
(iv) The retail dealer shall not be required to obtain a special events permit19
from the Department of Health and Hospitals and shall be exempt from any20
additional compliance with the state's Sanitary Code but only with regard to the21
duration and location of the special event homebrew event.22
(b) For purposes of this Paragraph, "homebrew" shall mean the brewing of23
beer, mead, and other alcoholic beverages through fermentation in a residence or24
other authorized facility by a person of the lawful age to purchase alcoholic25
beverages on a small scale, not to exceed one hundred gallons per calendar year for26
a household with one resident of the lawful age to purchase alcoholic beverages or27
two hundred gallons for a household with two or more residents of the lawful age to28
purchase alcoholic beverages as a hobby for personal consumption, free distribution29
at residential social gatherings, and amateur brewing competitions or by that person30 ENROLLEDHB NO. 1036
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or his or her family, neighbors, guests, and friends, for use at competitions1
homebrew club meetings, organized affairs, exhibitions, or competitions on the2
premises of a licensed Class A retail dealer holding a homebrew permit in3
accordance with this Paragraph, or for any of the other noncommercial reasons as4
provided for in Paragraph (1) of this Subsection regarding special event licenses5
where homebrew is served as an incidental part of the event and in accordance with6
the sampling provisions promulgated under the authority of R.S. 26:75(C) and7
275(B). "Homebrew" shall not include any licensed alcoholic beverages8
manufactured, distributed or otherwise served for commercial purposes.9
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§932. Definitions11
For purposes of this Chapter, the following terms have the respective12
meanings ascribed to them in this Chapter, unless a different meaning clearly appears13
from the context:14
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(4) "Responsible vendor" means any vendor as defined in Paragraph (9) (10)16
of this Section who qualifies and maintains certification in accordance with the17
provisions of this Chapter.18
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(10) "Vendor" means any holder of a Class "A" General, Class "A"20
Restaurant, or Class "B" retail permit issued pursuant to R.S. 26:71 or R.S. 26:27121
or any holder of Retail Dealer Registration Certificate or a Retail Dealer Permit22
defined by R.S. 26:902. "Vendor" shall not include any holder of a Type A or Type23
B temporary alcoholic beverage permit issued pursuant to R.S. 26:793(A)(1).24 ENROLLEDHB NO. 1036
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Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: