HLS 16RS-985 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 658
BY REPRESENTATIVE ADAMS
ALCOHOLIC BEVERAGE PERMT: Provides relative to applications for alcoholic
beverage permits
1 AN ACT
2To amend and reenact R.S. 26:79 and 279, relative to alcoholic beverage permits; to provide
3 relative to the submission of applications for alcoholic beverage permits; to provide
4 relative to the authority of the commissioner to waive application fees or provide an
5 account credit in certain circumstances; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 26:79 and 279 are hereby amended and reenacted to read as follows:
8 §79. Submission of applications; delay
9 All applications for state permits shall be mailed or delivered to the
10 commissioner in Baton Rouge, Louisiana, and all applications for local permits shall
11 be mailed or delivered to the respective local authorities. An applicant shall mail or
12 deliver both his applications for state and local permits within twenty-four hours of
13 each other. If he fails to do so, his state application may be withheld and the permits
14 denied. Upon receipt of an application, the commissioner or the local authorities, as
15 the case may be, shall stamp the day, month, and year received, and the
16 commissioner shall verify that the applicant does not owe the state or the political
17 subdivision in which the business is located any delinquent sales taxes, penalties, or
18 interest, excluding items under formal appeal pursuant to the applicable statutes.
19 The commissioner and officers or employees specifically so authorized by the
20 commissioner and local authorities may issue the permits immediately after proper
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-985 ORIGINAL
HB NO. 658
1 investigation but, for a period of thirty-five days after issuance, such permits shall
2 operate on a probationary basis subject to final action on, opposition to, or
3 withholding of, the permits as hereinafter provided. Notwithstanding any other
4 provision of this Chapter, prior to August 1, 2016, the commissioner may waive all
5 state application fees or provide an equal credit to an applicant's account when a
6 permit is not issued within three business days after receipt of a fully and properly
7 completed application.
8 * * *
9 §279. Submission of applications; delay
10 All applications for state permits shall be mailed or delivered to the
11 commissioner in Baton Rouge at the state capitol, and all applications for local
12 permits shall be mailed or delivered to the respective local authorities. An applicant
13 shall mail or deliver his applications for state and local permits within twenty-four
14 hours of each other. If he fails to do so, his state application may be withheld and the
15 permits denied. Upon receipt of an application, the commissioner or the local
16 authorities, as the case may be, shall stamp the day, month, and year received, and
17 the commissioner shall verify that the applicant does not owe the state or the political
18 subdivision in which the business is located any delinquent sales taxes, penalties, or
19 interest, excluding items under formal appeal pursuant to applicable statutes. The
20 commissioner and officers or employees specifically so authorized by the
21 commissioner and local authorities may issue the permits immediately after proper
22 investigation but, for a period of thirty-five days after receipt of the application, such
23 permits shall operate on a probationary basis subject to final action on opposition to,
24 or withholding of, the permit as hereinafter provided. Notwithstanding any other
25 provision of this Chapter, prior to August 1, 2016, the commissioner may waive all
26 state application fees or provide an equal credit to an applicant's account when a
27 permit is not issued within three business days after receipt of a fully and properly
28 completed application.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-985 ORIGINAL
HB NO. 658
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 658 Original 2016 Regular Session Adams
Abstract: Removes the commissioner's authority to waive state application fees for
alcoholic beverage permits or provide an equal credit to an applicant's account when
permits are not issued within a certain period of time.
Present law provides relative to the submission requirements for state and local alcoholic
beverage permits. Requires the commissioner or local authorities to stamp the day, month,
and year the alcoholic beverage permit was received. Authorizes the commissioner and
officers or employees authorized by the commissioner and local authorities to issue permits
immediately after proper investigation but, for a period of 35 days after issuance, the permits
shall operate on a probationary basis subject to final action on the permits. Present law
provides that, prior to August 1, 2016, the commissioner may waive all state application fees
or provide an equal credit to an applicant's account when a permit is not issued within three
business days after receipt of a fully and properly completed application.
Proposed law retains present law except it removes the commissioner's authority to waive
all state application fees or provide an equal credit to an applicant's account when a permit
is not issued within three business days after receipt of a fully and properly completed
application.
(Amends R.S. 26:79 and 279)
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.