Louisiana 2014 2014 Regular Session

Louisiana House Bill HB346 Comm Sub / Analysis

                    Arnold (HB 346)	Act No. 12
Prior law prohibited permits issued for low and high alcoholic content beverages from being
assignable or heritable and required the permit to be returned or surrendered to the office of
alcohol and tobacco control (ATC) within five days of closure or if ownership of the business
was transferred or terminated, and unless the dissolution of a partnership was by death, the
partners were authorized to operate under the partnership permit.
New law retains prior law and adds authorization for the new owner to continue to operate
using the permit holder's permit until a new permit is issued or denied, if the new owner
notifies the ATC within five days of the transfer and applies for a new permit within 15 days
of the transfer of ownership.  
New law requires that the permit holder notify the ATC within 15 days of any changes in the
officers, directors, managers, shareholders, members, or previously qualified persons and that
the notification include the suitability documents and information for each new individual.
New law requires the permit holder to notify the ATC of any changes that increase or
decrease the previously approved licensed business premises. 
Prior law prohibited tobacco permits from being transferred if over 51% of a corporation is
sold or transferred during the period for which a permit was issued, and required an
application for a new permit.
Prior law provided that a change of the controlling interest shall constitute a change of
ownership if the holder of the permit is an association, partnership, or limited partnership,
and further required the registration certificate holder or permittee to notify the commissioner
in writing if the business is physically relocated.
New law prohibits a tobacco permit from being transferred, assigned, or inherited and
requires the permit to be returned or surrendered to the ATC within five days of permanently
ceasing business operations or change in ownership.
New law requires a permit holder who is a corporation or limited liability company to
provide notification within 15 days of changes in its officers, directors, managers,
shareholders, or members and requires the notification to include suitability documents and
information of each new individual required to meet the qualifications of the applicant.
New law requires the permit holder to notify the commissioner in writing prior to relocating
if the business is physically relocated during the permit period.
Effective upon signature of governor (May 7, 2014).
(Amends R.S. 26:76(A)(2), 276(A)(2), and 912(A))