The original instrument was prepared by Cathy R. Wells. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Tammy Crain-Waldrop.
DIGEST
SB 235 Reengrossed 2015 Regular Session Murray
Present law requires that alcoholic beverages be distributed only through wholesalers.
Present law makes an exception for sparkling wine and still wine. Provides that such products may
be sold and shipped directly to a consumer in Louisiana by the manufacturer or retailer domiciled
inside or outside of Louisiana, or by a wine producer domiciled inside or outside of Louisiana,
provided that all taxes levied have been paid in full and that all of the following apply:
(1)The consumer is 21 years of age or older.
(2)The sparkling wine or still wine is for that consumer's personal consumption.
(3)The total amount of sparkling wine or still wine shipped in 750 ml bottles does not exceed
144 bottles per adult person per household address per calendar year.
(4)The wine producer, manufacturer, or retailer engaging in such direct sales holds a valid wine
producer's, manufacturer's, or retailer's license issued by the state of its domicile.
(5)The package in which the sparkling wine or still wine is shipped is prominently labeled as
containing beverage alcohol.
(6)The package in which such sparkling wine or still wine is shipped is received by a person 21
years of age or older.
(7)The package contains an invoice indicating the date of the shipment, providing a full and
complete description of all items included in the shipment, and stating the price thereof.
(8)The wine producer, manufacturer, or retailer domiciled outside of Louisiana has complied
with the provisions of present law relating to annual application and quarterly statement to
the secretary of Revenue.
(9)The seller or shipper who is a wine producer or manufacturer is not a party, directly or
indirectly, to any agreement in which a wholesaler licensed by Louisiana has been granted
the right to purchase and to sell any sparkling wine or still wine produced by the
manufacturer.
Proposed law retains present law and adds a requirement that prior to selling or shipping any
sparkling wine or still wine directly to a consumer in Louisiana, a wine producer or manufacturer or retailer domiciled outside Louisiana register with the state office of alcohol and tobacco control.
The registration is required to be renewed annually and updated within 30 days of any change to the
information contained on the form.
Present law provided that prior to 2012, a wine producer, manufacturer or out-of-state retailer selling
directly to consumers in Louisiana had to file monthly statements with the secretary of Revenue
regarding shipments.
Proposed law deletes present law.
Present law provides that beginning in 2012, wine producers, manufacturers and out-of-state retailers
are required to file quarterly statements regarding shipments.
Proposed law retains present law.
Proposed law authorizes the secretary of Revenue to release to the commissioner of the office of
alcohol and tobacco copies of annual applications and quarterly statements of wine producers,
manufacturers and out-of-state retailers authorized to sell directly to consumers.
Proposed law requires any person who transports sparkling wine or still wine for direct shipment into
or out of Louisiana to register with the commissioner. Requires the commissioner to promulgate
rules for transport registrants that include regular reporting requirements related to size of containers
and quantities of sparkling wine and still wine contained in each shipment. Requires the rules to also
include requirements that prevent sales and deliveries to underage persons.
Proposed law provides that any person who transports sparkling wine or still wine for direct
shipment into or out of Louisiana in violation of proposed law or rules shall be subject to a civil
penalty of up to $25,000.
Effective January 1, 2016.
(Amends R.S. 26:359(D), (E), (F), and (G); adds R.S. 26:359(B)(3))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Removes brands and types of sparkling and still wine from the list of items that
transporters are required to regularly report.
2. Removes authority to seize any movables used to transport sparkling wine or still
wine into or out of LA.
3. Removes the Shipment Registration Fund from proposed law. Senate Floor Amendments to engrossed bill
1. Legislative Bureau technical changes.