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Regular Session, 2014
HOUSE BILL NO. 281
BY REPRESENTATIVE LEGER
ALCOHOLIC BEVERAGES: Provides relative to the regulation of craft breweries
AN ACT1
To amend and reenact R.S. 26:2(11) and 241(10) and to repeal R.S. 26:85.1 and 273(C),2
relative to the regulation of craft breweries; to provide for definitions; to provide for3
certain requirements relative to manufacturers or brewers of certain alcoholic4
beverages; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 26:2(11) and 241(10) are hereby amended and reenacted to read as7
follows:8
§2. Definitions9
* * *10
(11) "Manufacturer" means any person, other than a wine producer, who11
personally or through any agent whatever engages in the making, blending,12
rectifying, or processing of any alcoholic beverage in Louisiana; engages in the13
making, blending, rectifying, or processing any alcoholic beverage outside Louisiana14
for sale in Louisiana; or engages in the business of supplying alcoholic beverages to15
licensed wholesale dealers in Louisiana. A manufacturer who engages in the16
making, blending, rectifying, or processing of any alcoholic beverage in a facility17
located entirely in the state of Louisiana may sell only its products made, blended,18
rectified, or processed at that facility to the public only at that facility for19
consumption on or off the premises but not for resale. The total amount of such sales20 HLS 14RS-682 ORIGINAL
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to the public for any given month shall not exceed one case per person each thirty-1
day period. Any manufacturer who sells their products to the public pursuant to this2
Paragraph shall remit all state and parish or municipal sales and excise taxes to the3
proper sales or excise tax collecting authority for all products sold to the public. All4
products sold to the public pursuant to this Paragraph shall be sold at a price no less5
than the minimum price retail dealers in the immediate area of the manufacturing6
facility would have to charge. A manufacturer who sells their products to the public7
pursuant to this Paragraph shall obtain a state health permit authorizing such sales8
to the public and shall comply with all local zoning laws and regulations. No person9
under the age of eighteen shall be allowed in the area of the manufacturing facility10
where alcoholic beverages are sold for consumption on the premises.11
* * *12
§241. Definitions13
* * *14
(10) "Manufacturer or brewer" means any person who, directly or indirectly,15
personally or through any agency, person, or establishment, engages in the making,16
blending, rectifying, brewing, or other processing of alcoholic beverages in17
Louisiana or outside the state for shipments to licensed wholesale dealers within the18
state subject to the provisions of R.S. 26:364. A manufacturer or brewer who19
operates a brewing facility located entirely in the state of Louisiana may sell only its20
products brewed at that facility to the public only at that facility for consumption on21
or off the premises but not for resale. The total amount of such sales to the public22
for any given month shall not exceed ten percent of the total amount of product23
brewed at that facility for that month or two hundred fifty barrels, whichever is24
greater. Any manufacturer or brewer who sells their products to the public pursuant25
to this Paragraph shall remit all state and parish or municipal sales and excise taxes26
to the proper sales or excise tax collecting authority for all products sold to the27
public. All products sold to the public pursuant to this Paragraph shall be at a price28
no less than the minimum price retail dealers in the immediate area of the brewing29 HLS 14RS-682 ORIGINAL
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facility would have to charge. A manufacturer or brewer who sells their products to1
the public pursuant to this Paragraph shall obtain a state health permit authorizing2
such sales to the public and shall comply with all local zoning laws and regulations.3
No person under the age of eighteen shall be allowed in the brewing facility where4
alcoholic beverages are sold for consumption on the premises.5
* * *6
Section 2. R.S. 26:85.1 and 273(C) are hereby repealed in their entirety.7
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)]
Leger HB No. 281
Abstract: Provides for amendments to provisions regarding the regulation of craft
breweries.
Present law defines "manufacturer" to mean any person, other than a wine producer, who
personally or through an agent engages in the making, blending, rectifying, or processing of
any alcoholic beverage in La. or outside of La. for sale in La. or engages in the business of
supplying alcoholic beverages to licensed wholesale dealers in La.
Proposed law retains present law and adds that a manufacturer may only sell products made,
blended, rectified, or processed at its facility to the public at its facility for consumption on
or off the premises but not for resale and the total amount of sales to the public for any
month shall not exceed one case per person each 30-day period.
Present law provides for the definition of "manufacturer or brewer" to mean any person who,
directly or indirectly, personally or through any agency, person, or establishment, engages
in the making, blending, rectifying, brewing, or other processing of alcoholic beverages in
La. or outside for shipments to licensed wholesale dealers within the state subject to
provisions of law relative to enforcement of any shipment into this state of any alcoholic
beverage.
Proposed law retains present law and adds that a manufacturer or brewer who operates a
brewing facility located entirely in La. may sell only its products brewed at that facility to
the public only at that facility for consumption on or off the premises but not for resale. The
total amount of sales to the public for any month shall not exceed 10% of the total amount
of product brewed at that facility for that month or 250 barrels, whichever is greater.
Proposed law provides that a "manufacturer" and "manufacturer or brewer" shall remit all
sales and taxes to the proper sales or tax collecting authority for all products sold to the
public at a price no less than the minimum price retail dealers in the immediate area are
required to charge. A "manufacturer" and "manufacturer or brewer" shall obtain a state
health permit authorizing sales to the public and shall comply with all local zoning laws and
regulations. No person under 18 years of age shall be allowed in the brewing facility where
alcoholic beverages are sold for consumption. HLS 14RS-682 ORIGINAL
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Present law provides that the commissioner may issue a Class A-General retail permit or a
Class B Retail Liquor Permit, or both, to any person, provided the person complies with
certain provisions of present law and meets certain requirements, who holds a valid
manufacturer's permit issued by the state of La.
Proposed law repeals present law.
Present law provides that the commissioner may issue a Class A retail permit to any person
lawfully engaged in the brewing of beer and other malt beverages and whose brewing
facility is entirely located in La. Such permit only authorizes the holder to sell its brewed
product for consumption on or off the licensed premises and restricts the total amount of
sales for any given month not exceeding 10% of the total amount of all beverages produced
on the premises for that month.
Proposed law repeals present law.
(Amends R.S. 26:2(11) and 241(10); Repeals R.S. 85.1 and 273(C))