ENROLLED
2018 Regular Session
HOUSE BILL NO. 135
BY REPRESENTATIVE DWIGHT
1 AN ACT
2 To amend and reenact R.S. 26:2(9), 79, and 279, relative to application for state and local
3 alcohol permits; to provide relative to permits not issued; to provide relative to the
4 waiving of state application fees or credits for such fees; to provide for definitions;
5 and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 26:2(9), 79, and 279 are hereby amended and reenacted to read as
8 follows:
9 §2. Definitions
10 For purposes of this Chapter, the following terms have the respective
11 meanings ascribed to them in this Section, unless a different meaning clearly appears
12 from the context:
13 * * *
14 (9) "Liquor retail distribution center" means any liquor retailer who has
15 continuously maintained a distribution center or centers for distribution to its wholly
16 owned retail permittees on or prior to January 1, 1961, in this state, or any
17 commercial airline that stores alcoholic beverages in sealed containers of any size
18 at any airport regularly served by the permittee. Such possession for retail sale or
19 distribution therefrom shall be limited to alcohol of high volume content in any
20 quantity.
21 * * *
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1 §79. Submission of applications; delay
2 All applications for state permits shall be mailed or delivered to the
3 commissioner in Baton Rouge, Louisiana, and all applications for local permits shall
4 be mailed or delivered to the respective local authorities. An applicant shall mail or
5 deliver both his applications for state and local permits within twenty-four hours of
6 each other. If he fails to do so, his state application may be withheld and the permits
7 denied. Upon receipt of an application, the commissioner or the local authorities, as
8 the case may be, shall stamp the day, month, and year received, and the
9 commissioner shall verify that the applicant does not owe the state or the political
10 subdivision in which the business is located any delinquent sales taxes, penalties, or
11 interest, excluding items under formal appeal pursuant to the applicable statutes.
12 The commissioner and officers or employees specifically so authorized by the
13 commissioner and local authorities may issue the permits immediately after proper
14 investigation but, for a period of thirty-five days after issuance, such permits shall
15 operate on a probationary basis subject to final action on, opposition to, or
16 withholding of, the permits as hereinafter provided. Notwithstanding any other
17 provision of this Chapter, prior to August 1, 2016, the commissioner may waive all
18 state application fees or provide an equal credit to an applicant's account when a
19 permit is not issued within three business days after receipt of a fully and properly
20 completed application.
21 * * *
22 §279. Submission of applications; delay
23 All applications for state permits shall be mailed or delivered to the
24 commissioner in Baton Rouge at the state capitol, and all applications for local
25 permits shall be mailed or delivered to the respective local authorities. An applicant
26 shall mail or deliver his applications for state and local permits within twenty-four
27 hours of each other. If he fails to do so, his state application may be withheld and the
28 permits denied. Upon receipt of an application, the commissioner or the local
29 authorities, as the case may be, shall stamp the day, month, and year received, and
30 the commissioner shall verify that the applicant does not owe the state or the political
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1 subdivision in which the business is located any delinquent sales taxes, penalties, or
2 interest, excluding items under formal appeal pursuant to applicable statutes. The
3 commissioner and officers or employees specifically so authorized by the
4 commissioner and local authorities may issue the permits immediately after proper
5 investigation but, for a period of thirty-five days after receipt of the application, such
6 permits shall operate on a probationary basis subject to final action on opposition to,
7 or withholding of, the permit as hereinafter provided. Notwithstanding any other
8 provision of this Chapter, prior to August 1, 2016, the commissioner may waive all
9 state application fees or provide an equal credit to an applicant's account when a
10 permit is not issued within three business days after receipt of a fully and properly
11 completed application.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.