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Regular Session, 2014
HOUSE BILL NO. 345
BY REPRESENTATIVE ARNOLD
ALCOHOLIC BEVERAGES: Provides relative to alcoholic beverage laws
AN ACT1
To amend and reenact R.S. 26:2 and 71(A)(4), relative to the alcoholic beverage control2
laws; to provide for the definition of "broker"; to provide relative to permit fees for3
brokers; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 26:2 and 71(A)(4) are hereby amended and reenacted to read as6
follows:7
§2. Definitions8
For purposes of this Chapter, the following terms have the respective9
meanings ascribed to them in this Section, unless a different meaning clearly appears10
from the context:11
(1) "Alcoholic beverages" means any fluid or solid capable of being12
converted into fluid, suitable for human consumption and having an alcoholic13
content of more than six per cent by volume, including alcohol.14
(2) "Bottler of wine" means any wine wholesaler who imports wine into the15
state in bulk and puts it in a closed container for distribution to other wholesale16
dealers.17
(3) "Broker" means any person, other than licensed dealers, who may solicit,18
receive, or transmit orders for beverage alcohol as an agent of one or more licensed19 HLS 14RS-1095 ENGROSSED
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dealers, and does not maintain an inventory of, possess a property right in, or deliver1
any beverage alcohol.2
(3)(4) "Commissioner" means the commissioner of alcohol and tobacco3
control who shall be the assistant secretary of the office of alcohol and tobacco4
control in the Department of Revenue.5
(4)(5) "Cordial liquors and specialties" means liquor obtained by the process6
of mixing or redistilling with or over fruit, flowers, plants, or juices therefrom and7
to which sugar or dextrose, or both, have been added in an amount not less than two8
and one-half per cent by weight of the finished product.9
(5)(6) "Dealer" means any person who, as a business, manufactures, blends,10
rectifies, distills, processes, imports, stores, uses, handles, holds, sells, offers for sale,11
solicits orders for the sale of, distributes, delivers, serves, or transports any alcoholic12
beverage in the state or engages herein in any business transaction relating to any13
such beverage.14
(6)(7) "Dinner theater" means an establishment that is a "restaurant15
establishment", as defined by R.S. 26:73(C)(1), where food orders are taken and food16
service is provided in both a restaurant dining area and where patrons are seated to17
view live theatrical productions or the showing of film, still pictures, electronic or18
digital reproductions, or other visual reproductions.19
(7)(8) "Liquor" means all distilled or rectified alcoholic spirits, brandy,20
whiskey, rum, gin, and all similar distilled alcoholic beverages, including all21
dilutions and mixtures of one or more of the foregoing, such as liquors, cordials, and22
similar compounds.23
(8)(9) "Liquor retail distribution center" means any liquor retailer who has24
continuously maintained a distribution center or centers for distribution to its wholly25
owned retail permittees on or prior to January 1, 1961, in this state, or any26
commercial airline which stores alcoholic beverages in sealed containers of any size27
at any airport regularly served by the permittee. Such possession for retail sale or28 HLS 14RS-1095 ENGROSSED
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distribution therefrom shall be limited to alcohol of high volume content in any1
quantity.2
(9)(10) "Liquor retailer" means any dealer, other than a manufacturer or3
wholesaler, who sells, offers for sale, exposes for sale, or has in his possession for4
sale or distribution any alcoholic beverages in any quantity.5
(10)(11) "Liquor wholesaler" means any dealer who sells any alcoholic6
beverage to other licensed liquor wholesale dealers or to licensed retail liquor dealers7
in the state or who sells alcoholic beverages for delivery beyond the borders of the8
state in amounts to be fixed by the commissioner, or who imports any alcoholic9
beverages into the state, and who meets the standards set forth in this Chapter.10
(11)(12) "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.16
(12)(13) "Outlet" means a place where any person draws or removes any17
alcoholic beverage from its container for consumption on the premises.18
(13)(14) "Package house-Class B" means a place consisting of no less than19
five hundred square feet of public habitable area which sells alcoholic beverages in20
factory sealed containers for transportation and consumption off the premises and21
where no person is allowed to tamper with or otherwise disrupt the manufacturer's22
seal on or about the licensed premises.23
(14)(15) "Regulated beverage" means any alcoholic beverage.24
(15)(16) "Solicitor" means any person who offers for sale or solicits any25
orders for the sale of any regulated beverage, other than in a regularly established26
and licensed place of business in this state, for delivery or shipment to any point in27
the state, whether done as owner, agent, or servant.28 HLS 14RS-1095 ENGROSSED
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(16)(17) "Sparkling wine" means any effervescent alcoholic beverage1
derived from the juice of any fruit, or synthesis thereof, charged with carbon dioxide,2
either artificially or as the result of secondary fermentation within the container.3
(17)(18) "Still wine" means any non-effervescent alcoholic beverage derived4
from the juice of any fruit, or synthesis thereof.5
(18)(19) "Supplier" means any person, other than a wine producer, who6
manufactures, makes, blends, rectifies, distills, processes, or purchases alcoholic7
beverages outside the state of Louisiana and imports, sells, offers for sale, solicits8
orders for sale, distributes, or delivers such alcoholic beverages in Louisiana.9
(19)(20) "Wholesale dealer" means those persons who sell alcoholic10
beverages of high alcoholic content to licensed wholesale dealers or licensed retail11
dealers exclusively, within the state or to any person for delivery beyond the borders12
of the state to a licensed dealer in that state and who conduct a bona fide wholesale13
business and maintain a warehouse or warehouses for the storage and warehousing14
of alcoholic beverages of high alcoholic content in the area where domiciled and15
licensed by the state, and conduct and maintain systematic and regular solicitations,16
distribution, deliveries, and sales of said beverages to licensed retail dealers located17
within the boundary of each parish, municipality, or geographic area, as contractually18
defined between the wholesaler and his supplier, in which the wholesale dealer19
makes any sale or delivery.20
(20)(21) "Wine package house" means a place where a person sells only21
sparkling wine and still wine in the original package or closed container, prepared22
for transportation and consumption off the premises.23
(21)(22) "Wine producer" means any person who, directly or indirectly,24
personally or through any agency, cultivates and grows grapes, fruits, berries, honey,25
or vegetables from which wine of an alcoholic content in excess of six percent by26
volume is produced and bottled from a fermentation of such grapes, fruits, berries,27
honey, or vegetables in Louisiana or outside the state for shipments to licensed28
wholesale dealers within the state subject to the provisions of R.S. 26:364.29 HLS 14RS-1095 ENGROSSED
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(22)(23) "Winery" means a plot of land located in Louisiana used to cultivate1
and grow grapes, fruits, berries, honey, or vegetables for the purpose of fermenting2
such grapes, fruits, berries, honey, or vegetables to produce and bottle wine of an3
alcoholic content in excess of six percent by volume.4
(23)(24) "Wine wholesaler" means any dealer who sells only sparkling wine5
and still wine to other licensed wholesale dealers or to licensed retail dealers for6
resale within the state.7
* * *8
§71. Permits required; fees; exception9
A. Except as provided in Subsections B and C of this Section, before10
engaging in the business of manufacturing, supplying, or dealing in alcoholic11
beverages, all persons shall obtain from the commissioner, according to established12
rules and regulations, a permit to conduct each separate business and shall pay the13
commissioner a fee not to exceed the amounts provided for in the following schedule14
and in accordance with regulations promulgated pursuant to the provisions of the15
Administrative Procedure Act for each year the permit is valid:16
* * *17
(4) Solicitors or brokers - five dollars each. No solicitor shall represent more18
than one dealer, and that dealer's name and address shall appear on the solicitor's19
permit.20
* * *21
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. 345
Abstract: Provides for the definition and relative fees for a "broker".
Proposed law defines a "broker" to mean any person, other than a licensed dealer, who may
solicit, receive, or transmit orders for beverage alcohol as an agent of one or more licensed
dealers, and does not maintain an inventory of, possess a property right in, or deliver any
beverage alcohol. HLS 14RS-1095 ENGROSSED
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Present law requires a $5 permit fee for solicitors, prohibits a solicitor from representing
more than one dealer, and further requires the dealer's name and address to appear on the
solicitor's permit.
Proposed law retains present law and extends the $5 permit fee to brokers.
(Amends R.S. 26:2 and 71(A)(4))