ENROLLED
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ACT No. 57
Regular Session, 2014
HOUSE BILL NO. 345
BY REPRESENTATIVE ARNOLD
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
dealers, and does not maintain an inventory of, possess a property right in, or deliver20
any beverage alcohol.21
(3)(4) "Commissioner" means the commissioner of alcohol and tobacco22
control who shall be the assistant secretary of the office of alcohol and tobacco23
control in the Department of Revenue.24 ENROLLEDHB NO. 345
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(4)(5) "Cordial liquors and specialties" means liquor obtained by the process1
of mixing or redistilling with or over fruit, flowers, plants, or juices therefrom and2
to which sugar or dextrose, or both, have been added in an amount not less than two3
and one-half per cent by weight of the finished product.4
(5)(6) "Dealer" means any person who, as a business, manufactures, blends,5
rectifies, distills, processes, imports, stores, uses, handles, holds, sells, offers for sale,6
solicits orders for the sale of, distributes, delivers, serves, or transports any alcoholic7
beverage in the state or engages herein in any business transaction relating to any8
such beverage.9
(6)(7) "Dinner theater" means an establishment that is a "restaurant10
establishment", as defined by R.S. 26:73(C)(1), where food orders are taken and food11
service is provided in both a restaurant dining area and where patrons are seated to12
view live theatrical productions or the showing of film, still pictures, electronic or13
digital reproductions, or other visual reproductions.14
(7)(8) "Liquor" means all distilled or rectified alcoholic spirits, brandy,15
whiskey, rum, gin, and all similar distilled alcoholic beverages, including all16
dilutions and mixtures of one or more of the foregoing, such as liquors, cordials, and17
similar compounds.18
(8)(9) "Liquor retail distribution center" means any liquor retailer who has19
continuously maintained a distribution center or centers for distribution to its wholly20
owned retail permittees on or prior to January 1, 1961, in this state, or any21
commercial airline which stores alcoholic beverages in sealed containers of any size22
at any airport regularly served by the permittee. Such possession for retail sale or23
distribution therefrom shall be limited to alcohol of high volume content in any24
quantity.25
(9)(10) "Liquor retailer" means any dealer, other than a manufacturer or26
wholesaler, who sells, offers for sale, exposes for sale, or has in his possession for27
sale or distribution any alcoholic beverages in any quantity.28
(10)(11) "Liquor wholesaler" means any dealer who sells any alcoholic29
beverage to other licensed liquor wholesale dealers or to licensed retail liquor dealers30 ENROLLEDHB NO. 345
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in the state or who sells alcoholic beverages for delivery beyond the borders of the1
state in amounts to be fixed by the commissioner, or who imports any alcoholic2
beverages into the state, and who meets the standards set forth in this Chapter.3
(11)(12) "Manufacturer" means any person, other than a wine producer, who4
personally or through any agent whatever engages in the making, blending,5
rectifying, or processing of any alcoholic beverage in Louisiana; engages in the6
making, blending, rectifying, or processing any alcoholic beverage outside Louisiana7
for sale in Louisiana; or engages in the business of supplying alcoholic beverages to8
licensed wholesale dealers in Louisiana.9
(12)(13) "Outlet" means a place where any person draws or removes any10
alcoholic beverage from its container for consumption on the premises.11
(13)(14) "Package house-Class B" means a place consisting of no less than12
five hundred square feet of public habitable area which sells alcoholic beverages in13
factory sealed containers for transportation and consumption off the premises and14
where no person is allowed to tamper with or otherwise disrupt the manufacturer's15
seal on or about the licensed premises.16
(14)(15) "Regulated beverage" means any alcoholic beverage.17
(15)(16) "Solicitor" means any person who offers for sale or solicits any18
orders for the sale of any regulated beverage, other than in a regularly established19
and licensed place of business in this state, for delivery or shipment to any point in20
the state, whether done as owner, agent, or servant.21
(16)(17) "Sparkling wine" means any effervescent alcoholic beverage22
derived from the juice of any fruit, or synthesis thereof, charged with carbon dioxide,23
either artificially or as the result of secondary fermentation within the container.24
(17)(18) "Still wine" means any non-effervescent alcoholic beverage derived25
from the juice of any fruit, or synthesis thereof.26
(18)(19) "Supplier" means any person, other than a wine producer, who27
manufactures, makes, blends, rectifies, distills, processes, or purchases alcoholic28
beverages outside the state of Louisiana and imports, sells, offers for sale, solicits29
orders for sale, distributes, or delivers such alcoholic beverages in Louisiana.30 ENROLLEDHB NO. 345
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(19)(20) "Wholesale dealer" means those persons who sell a person who1
sells alcoholic beverages of high alcoholic content to licensed wholesale dealers or2
licensed retail dealers exclusively, within the state or to any person for delivery3
beyond the borders of the state to a licensed dealer in that state and who conduct4
conducts a bona fide wholesale business and maintain maintains a warehouse or5
warehouses for the storage and warehousing of alcoholic beverages of high alcoholic6
content in the area where domiciled and licensed by the state, and conduct and7
maintain conducts and maintains systematic and regular solicitations, distribution,8
deliveries, and sales of said beverages to licensed retail dealers located within the9
boundary of each parish, municipality, or geographic area, as contractually defined10
between the wholesaler and his supplier, in which the wholesale dealer makes any11
sale or delivery.12
(20)(21) "Wine package house" means a place where a person sells only13
sparkling wine and still wine in the original package or closed container, prepared14
for transportation and consumption off the premises.15
(21)(22) "Wine producer" means any person who, directly or indirectly,16
personally or through any agency, cultivates and grows grapes, fruits, berries, honey,17
or vegetables from which wine of an alcoholic content in excess of six percent by18
volume is produced and bottled from a fermentation of such grapes, fruits, berries,19
honey, or vegetables in Louisiana or outside the state for shipments to licensed20
wholesale dealers within the state subject to the provisions of R.S. 26:364.21
(22)(23) "Winery" means a plot of land located in Louisiana used to cultivate22
and grow grapes, fruits, berries, honey, or vegetables for the purpose of fermenting23
such grapes, fruits, berries, honey, or vegetables to produce and bottle wine of an24
alcoholic content in excess of six percent by volume.25
(23)(24) "Wine wholesaler" means any dealer who sells only sparkling wine26
and still wine to other licensed wholesale dealers or to licensed retail dealers for27
resale within the state.28
* * *29 ENROLLEDHB NO. 345
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§71. Permits required; fees; exception1
A. Except as provided in Subsections B and C of this Section, before2
engaging in the business of manufacturing, supplying, or dealing in alcoholic3
beverages, all persons shall obtain from the commissioner, according to established4
rules and regulations, a permit to conduct each separate business and shall pay the5
commissioner a fee not to exceed the amounts provided for in the following schedule6
and in accordance with regulations promulgated pursuant to the provisions of the7
Administrative Procedure Act for each year the permit is valid:8
* * *9
(4) Solicitors or brokers - five dollars each. No solicitor shall represent more10
than one dealer, and that dealer's name and address shall appear on the solicitor's11
permit.12
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: