ENROLLED
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ACT No. 12
Regular Session, 2014
HOUSE BILL NO. 346
BY REPRESENTATIVE ARNOLD
AN ACT1
To amend and reenact R.S. 26:76(A)(2), 276(A)(2), and 912(A), relative to permits issued2
by the office of alcohol and tobacco control; to prohibit the transfer, assignment, or3
inheritance of tobacco permits by a limited liability company or other legal entities4
due to change of ownership or termination of business operations; to require that the5
permit be returned or surrendered under certain circumstances; to provide for6
notification requirements; to provide for time delays; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 26:76(A)(2), 276(A)(2), and 912(A) are hereby amended and10
reenacted to read as follows:11
§76. Personal nature of permits; return of permits; necessity of display; penalties12
A. The following shall apply to permits issued under this Chapter:13
* * *14
(2) The permit is not transferrable, assignable, or heritable. The permit must15
be returned to the office of alcohol and tobacco control or surrendered to an agent16
of the commissioner within five days of closure, when the ownership of the business17
is transferred or the business is terminated. When the ownership of the business is18
transferred, the new owner shall be allowed to continue to operate using the19
transferor's permit until a new permit is issued or denied, if the new owner notifies20
the office of alcohol and tobacco control of the transfer within five days of the21 ENROLLEDHB NO. 346
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transfer and applies for a new alcoholic beverage permit within fifteen days of the1
transfer of ownership. If the permit holder is a corporation or limited liability2
company, the permit holder shall notify the office of alcohol and tobacco control of3
any changes in the officers, directors, managers, shareholders, members, or persons4
previously qualified to conduct or manage the business within fifteen days of the5
date of such changes. The notification shall include the suitability documents and6
information for each new individual required to possess the qualifications of the7
applicants. However, in the event of the dissolution of a partnership by death, the8
surviving partner or partners may operate under the partnership permit. The office9
of alcohol and tobacco control shall be notified of any changes to the licensed10
business premises which increase or decrease the previously approved licensed11
business premises prior to any such changes.12
* * *13
§276. Personal nature of permits; return of permits; necessity of display; penalties14
A. The following shall apply to permits issued under this Chapter:15
* * *16
(2) The permit is not transferrable, assignable, or heritable. The permit must17
be returned to the office of alcohol and tobacco control or surrendered to an agent18
of the commissioner within five days of closure, when the ownership of the business19
is transferred or the business is terminated. When the ownership of the business is20
transferred, the new owner shall be allowed to continue to operate using the21
transferor's permit until a new permit is issued or denied, if the new owner notifies22
the office of alcohol and tobacco control of the transfer within five days of the23
transfer and applies for a new alcoholic beverage permit within fifteen days of the24
transfer of ownership. If the permit holder is a corporation or limited liability25
company, the permit holder shall notify the office of alcohol and tobacco control of26
any changes in the officers, directors, managers, shareholders, members, or persons27
previously qualified to conduct or manage the business within fifteen days of the28
date of such changes. The notification shall include the suitability documents and29
information for each new individual required to possess the qualifications of the30 ENROLLEDHB NO. 346
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are additions.
applicants. However, in the event of the dissolution of a partnership by death, the1
surviving partner or partners may operate under the partnership permit. The office2
of alcohol and tobacco control shall be notified of any changes to the licensed3
business premises which increase or decrease the previously approved licensed4
business premises prior to any such changes.5
* * *6
§912. Permits; necessity of display; penalties7
A. A permit issued under this Chapter is a personal privilege and cannot be8
transferred, If over fifty-one percent of a corporation is sold or transferred during9
the period for which a permit was issued, a new permit must be applied for, and the10
new owner must comply with the provisions set forth in this Chapter. If the holder11
of the permit is an association, partnership, or limited partnership, change of the12
controlling interest shall constitute a change of ownership under this Chapter.,13
assigned, or inherited. The permit must be returned to the office of alcohol and14
tobacco control or surrendered to an agent of the commissioner within five days of15
permanently ceasing business operations or when there is a change in ownership. If16
the permit holder is a corporation or limited liability company, the permit holder17
shall notify the office of alcohol and tobacco control of any changes in the officers,18
directors, managers, shareholders, or members within fifteen days of the date of such19
changes. The notification shall include the suitability documents and information20
for each new individual required to possesses the qualifications of the applicants.21
If the business is physically relocated during such the permit period, the registration22
certificate holder or permittee permit holder must notify the commissioner in writing23
so that proper change may be noted thereon prior to relocating.24
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Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28 ENROLLEDHB NO. 346
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: