2015 Regular Session ENROLLED
SENATE BILL NO. 235
BY SENATOR MURRAY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 26:73(C)(1)(e), 79, 272(C)(1)(e), 279, and 359(D), (E), (F), and
3 (G) and 793(C)(1) and to enact R.S. 26:359(B)(3), relative to regulation of alcoholic
4 beverages; to authorize the commissioner to waive certain requirements relative to
5 the use and square footage for restaurant establishments; to authorize the
6 commissioner to waive all state application fees or provide a certain credit for failure
7 to issue a permit within a certain period of time; to provide for registration of certain
8 wine producers, manufacturers, and retailers; to provide for registration of certain
9 transporters; to authorize the secretary of Revenue to provide copies of certain
10 records to the commissioner of the office of alcohol and tobacco; to provide certain
11 civil penalties; to provide relative to compliance of laws prohibiting the sale or
12 service of certain products to underage persons; to provide for an effective date; and
13 to provide for related matters.
14 Be it enacted by the Legislature of Louisiana:
15 Section 1. R.S. 26:73(C)(1)(e), 79, 272(C)(1)(e), 279, and 359(D), (E), (F), and (G)
16 and 793(C)(1) are hereby amended and reenacted and R.S. 26:359(B)(3) is hereby enacted
17 to read as follows:
18 §73. Restaurant "R" permit; application; fees
19 * * *
20 C.(1) For purposes of this Section, "restaurant establishment" shall be defined
21 as an establishment:
ACT No. 460
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1 * * *
2 (e) Which has a public habitable floor area of no less than five hundred
3 square feet dedicated to the exclusive use of the applicant's or licensee's business.
4 This Subparagraph shall not apply to business locations that apply to or have been
5 licensed to sell or serve alcoholic beverages prior to August 1, 2006, and have not
6 discontinued the sale and service of such beverages for more than six months.
7 Notwithstanding any other provision of this Chapter, the commissioner may
8 waive this requirement for any building listed as a historic building on an
9 official registry or located within an officially designated historic district.
10 * * *
11 §79. Submission of applications; delay
12 All applications for state permits shall be mailed or delivered to the
13 commissioner in Baton Rouge, Louisiana, and all applications for local permits shall
14 be mailed or delivered to the respective local authorities. An applicant shall mail or
15 deliver both his applications for state and local permits within twenty-four hours of
16 each other. If he fails to do so, his state application may be withheld and the permits
17 denied. Upon receipt of an application, the commissioner or the local authorities, as
18 the case may be, shall stamp the day, month, and year received, and the
19 commissioner shall verify that the applicant does not owe the state any delinquent
20 sales taxes, penalties, or interest, excluding items under formal appeal pursuant to
21 the applicable statutes. The commissioner and officers or employees specifically so
22 authorized by the commissioner and local authorities may issue the permits
23 immediately after proper investigation but, for a period of thirty-five days after
24 issuance, such permits shall operate on a probationary basis subject to final action
25 on, opposition to, or withholding of, the permits as hereinafter provided.
26 Notwithstanding any other provision of this Chapter, prior to August 1, 2016,
27 the commissioner may waive all state application fees or provide an equal credit
28 to an applicant's account when a permit is not issued within three business days
29 after receipt of a fully and properly completed application.
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1 §272. Restaurant "R" permit; application; fees
2 * * *
3 C.(1) For purposes of this Section, "restaurant establishment" shall be defined
4 as an establishment:
5 * * *
6 (e) Which has a public habitable floor area of no less than five hundred
7 square feet dedicated to the exclusive use of the applicant's or licensee's business.
8 This Subparagraph shall not apply to business locations that have applied to or have
9 been licensed to sell or serve alcoholic beverages prior to August 1, 2006, and have
10 not discontinued the sale and service of such beverages for more than six months.
11 Notwithstanding any other provision of this Chapter, the commissioner may
12 waive this requirement for any building listed as a historic building on an
13 official registry or located within an officially designated historic district.
14 * * *
15 §279. Submission of applications; delay
16 All applications for state permits shall be mailed or delivered to the
17 commissioner in Baton Rouge at the state capitol, and all applications for local
18 permits shall be mailed or delivered to the respective local authorities. An applicant
19 shall mail or deliver his applications for state and local permits within twenty-four
20 hours of each other. If he fails to do so, his state application may be withheld and the
21 permits denied. Upon receipt of an application, the commissioner or the local
22 authorities, as the case may be, shall stamp the day, month, and year received, and
23 the commissioner shall verify that the applicant does not owe the state any
24 delinquent sales taxes, penalties, or interest, excluding items under formal appeal
25 pursuant to applicable statutes. The commissioner and officers or employees
26 specifically so authorized by the commissioner and local authorities may issue the
27 permits immediately after proper investigation but, for a period of thirty-five days
28 after receipt of the application, such permits shall operate on a probationary basis
29 subject to final action on opposition to, or withholding of, the permit as hereinafter
30 provided. Notwithstanding any other provision of this Chapter, prior to August
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1 1, 2016, the commissioner may waive all state application fees or provide an
2 equal credit to an applicant's account when a permit is not issued within three
3 business days after receipt of a fully and properly completed application.
4 * * *
5 §359. Distribution of alcoholic beverages through wholesalers only
6 * * *
7 B.
8 * * *
9 (3) In addition to the provisions of Paragraph (1) of this Subsection,
10 prior to selling or shipping any sparkling wine or still wine directly to any
11 consumer in Louisiana, a wine producer or manufacturer or retailer domiciled
12 outside of Louisiana shall register with the state office of alcohol and tobacco
13 control on a registration form promulgated by the commissioner. The
14 registration shall be renewed on an annual basis and updated within thirty days
15 of any change of any information contained on the registration form.
16 * * *
17 D.(1) Except as provided in Paragraph (2) of this Subsection, any wine
18 producer, manufacturer, or out of state retailer who sells and ships directly to a
19 consumer in Louisiana pursuant to Subsection B of this Section shall, within twenty
20 days after the end of each calendar month, file with the secretary of the Department
21 of Revenue a statement showing the total number of bottles sold and shipped during
22 the preceding calendar month, the sizes of those bottles, the name brand of each
23 sparkling wine or still wine included in such shipments, the quantities of each
24 sparkling wine or still wine included in such shipments, and the price of each item
25 included in such shipments. All excise and sales and use taxes due to the state of
26 Louisiana on the sparkling wine or still wine sold and shipped pursuant to Subsection
27 B of this Section shall be remitted by company check drawn on an account in the
28 name of the permit holder or by electronic funds transfer at the time of the filing of
29 the required statement, and copies of all invoices transmitted with each such
30 shipment shall be attached to the statement. This statement shall be made on forms
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1 prescribed and furnished by the secretary of the Department of Revenue and shall
2 include such other information as the secretary of the Department of Revenue may
3 require.
4 (2) Beginning on January 1, 2012, any Any wine producer, manufacturer, or
5 out of state out-of-state retailer who sells and ships directly to a consumer in
6 Louisiana pursuant to Subsection B of this Section shall file a statement quarterly
7 indicating the amount of sparkling wine or still wine shipped to the state of Louisiana
8 with the secretary of the Department of Revenue. The statement shall be filed by
9 January twentieth, April twentieth, July twentieth, and October twentieth of each
10 calendar year and shall indicate the total number of bottles sold and shipped during
11 the preceding three-month period, the sizes of those bottles, the name brand of each
12 sparkling wine or still wine included in such shipments, the quantities of each
13 sparkling wine or still wine included in such shipments, and the price of each item
14 included in such shipments. All excise and sales and use taxes due to the state of
15 Louisiana on the sparkling wine or still wine sold and shipped pursuant to Subsection
16 B of this Section shall be remitted by company check drawn on an account in the
17 name of the permit holder or by electronic funds transfer at the time of the filing of
18 the required statement, and copies of all invoices transmitted with each shipment
19 shall be attached to the statement. This statement shall be made on forms prescribed
20 and furnished by the secretary of the Department of Revenue and shall include such
21 other information as the secretary of the Department of Revenue may require.
22 (2) Upon the request of the commissioner, the secretary of the
23 Department of Revenue may provide copies of the annual application or
24 quarterly statements filed by any wine producer or manufacturer or any out-of-
25 state retailer selling or shipping wine directly to a Louisiana consumer.
26 (3)(a) Any person who transports sparkling wine or still wine for direct
27 shipment into or out of the state in accordance with this Section shall register
28 with the commissioner of the state office of alcohol and tobacco control.
29 (b) The commissioner shall promulgate rules in accordance with the
30 Administrative Procedure Act for transport registrants that shall include
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1 regular reporting requirements related to size of containers and quantities of
2 sparkling wine and still wine contained in each shipment. The rules shall
3 include requirements that prevent sales and deliveries to underage persons.
4 (c) Any person who transports sparkling wine or still wine for direct
5 shipment into or out of the state in violation of this Section or the administrative
6 rules shall be subject to a civil penalty of up to twenty-five thousand dollars.
7 E. The provisions of R.S. 26:85, 142, 143, 348 through 350, 360, 364, and
8 365 shall not apply to wine producers, manufacturers, and retailers only in
9 connection with direct sales and shipments when authorized to engage in the
10 direct sale and shipment of sparkling wine or still wine under the provisions of
11 Subsection B of this Section.
12 F. Any retailer of alcoholic beverages domiciled outside of Louisiana or
13 any wine producer or manufacturer who violates any provision of this Section
14 shall be subject to a civil penalty in the amount of twenty-five thousand dollars. Any
15 retailer domiciled outside of Louisiana or any wine producer or manufacturer
16 that sells and ships directly to consumers in Louisiana pursuant to Subsection B of
17 this Section shall, on the application for authority to make such shipments filed with
18 the secretary of the Department of Revenue in accordance with Subsection C of this
19 Section, acknowledge in writing the civil penalty established in this Subsection and
20 shall consent to the imposition thereof upon violation of this Section. The secretary
21 may initiate and maintain a civil action in a court of competent jurisdiction to enjoin
22 any violation of this Section and to recover the civil penalty established in this
23 Subsection, together with all costs and attorney fees incurred by the secretary
24 incidental to any such action.
25 G. Upon determination by the secretary of the Department of Revenue or by
26 the commissioner that an illegal sale or shipment of alcoholic beverages has been
27 made to a consumer in Louisiana by either a wine producer, manufacturer, or retailer
28 of such alcoholic beverages, the secretary or commissioner shall notify both the
29 Alcohol, Tobacco, Tax, and Trade Bureau Alcohol and Tobacco Tax and Trade
30 Bureau of the United States Department of the Treasury and the licensing authority
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1 for the state in which the wine producer, manufacturer, or retailer is domiciled that
2 a state law pertaining to the regulation of alcoholic beverages has been violated and
3 shall request those agencies to take appropriate action.
4 * * *
5
6 §793. Additional powers of the commissioner
7 * * *
8 C.(1) In order to ensure compliance with "Prevention of Youth Access to
9 Tobacco Law" laws prohibiting the sale or service of alcoholic beverages,
10 tobacco, alternative nicotine, or vapor products to underage persons, the
11 commissioner shall annually conduct random, unannounced inspections at locations
12 where alcoholic beverages, tobacco, or alternative nicotine, or vapor products are
13 sold, served, or distributed. Persons under the age of eighteen or twenty-one may
14 be enlisted by employees of the office of alcohol and tobacco control to test
15 compliance, but such persons may be used only if the testing is conducted under the
16 direct supervision of such employees and written parental consent has been provided
17 if the person is under the age of eighteen. Any person under the age of eighteen
18 or twenty-one shall either carry the person's own identification showing the person's
19 correct date of birth or shall carry no identification. A person under the age of
20 eighteen or twenty-one who carries identification shall, on request, present it to any
21 seller or server of alcoholic beverages, tobacco, or alternative nicotine or vapor
22 products. In addition, any person under the age of eighteen or twenty-one enlisted
23 under this Subsection shall truthfully answer any questions about the person's age.
24 Except where expressly authorized in writing by the commissioner in
25 furtherance of the objectives of this Section, Any any other use of persons under
26 the age of eighteen or twenty-one to test compliance with the provisions of this
27 Section or any other prohibition of like or similar import shall be unlawful and the
28 person or persons responsible for such use shall be subject to the penalties prescribed
29 in this Title or R.S. 14:91.8(H) 14:91.6, 91.8(H), 92, or 93.11.
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1 Section 2. This Act shall become effective on January 1, 2016; if vetoed by the
2 governor and subsequently approved by the legislature, this Act shall become effective on
3 January 1, 2016, or on the day following such approval by the legislature, whichever is later.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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