Louisiana 2018 2018 Regular Session

Louisiana Senate Bill SB508 Engrossed / Bill

                    SLS 18RS-1790	ENGROSSED
2018 Regular Session
SENATE BILL NO. 508
BY SENATOR MORRELL 
ALCOHOLIC BEVERAGES.  Provides relative to the direct shipment of wine. (8/1/18)
1	AN ACT
2 To amend and reenact R.S. 26:85(6) and 359(B)(1)(f), relative to alcoholic beverages; to
3 provide for the direct shipment of certain alcoholic beverages to consumers; to
4 provide for requirements for the receipt of shipments of certain alcoholic beverages;
5 to provide for proof of age; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 26:85(6) and 359(B)(1)(f) are hereby amended and reenacted to read
8 as follows:
9 §85. Combination of manufacturer, wholesale, and retail business prohibited;
10	exceptions
11	Except as provided in Paragraphs (1) through (6) of this Section, no person
12 shall, at the same time, engage in business as a manufacturer or wine producer and
13 as a wholesaler, as a wholesaler and as a manufacturer or wine producer, as a
14 manufacturer or wine producer and as a retailer, as a retailer and as a manufacturer
15 or wine producer, as a wholesaler and as a retailer, or as a retailer and as a
16 wholesaler of any regulated beverage. However:
17	*          *          *
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 508
SLS 18RS-1790	ENGROSSED
1	(6) Notwithstanding any other provision of law to the contrary, wine
2 producers who operate one or more wineries may sell and ship directly to a consumer
3 in Louisiana provided that the total amount of sparkling wine or still wine shipped
4 to any single household address in seven hundred fifty milliliter bottles, not to
5 exceed one hundred forty-four bottles per adult person per household address per
6 calendar year. The packing in which such sparkling wine or still wine is shipped
7 shall be received by a person twenty-one years of age or older. A person
8 receiving a package of sparkling wine or still wine shall present proof of age as
9 provided in R.S. 26:90 at the time of delivery.
10	*          *          *
11 §359. Distribution of alcoholic beverages through wholesalers only
12	*          *          *
13	B.(1) Notwithstanding the provisions of Subsection A of this Section,
14 sparkling wine or still wine may be sold and shipped directly to a consumer in
15 Louisiana by the manufacturer or retailer of such beverage domiciled inside or
16 outside of Louisiana, or by a wine producer domiciled inside or outside of Louisiana,
17 provided both that all taxes levied have been paid in full and that all of the following
18 apply:
19	*          *          *
20	(f) The package in which such sparkling wine or still wine is shipped is
21 received by a person twenty-one years of age or older. A person receiving a
22 package of sparkling wine or still wine shall present proof of age as provided in
23 R.S. 26:286 at the time of delivery.
24	*          *          *
The original instrument was prepared by Ashley Menou. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Dawn Romero Watson.
DIGEST
SB 508 Engrossed 2018 Regular Session	Morrell
Present law provides that wine producers may ship sparkling wine or still wine directly to
a consumer in Louisiana if the total amount of sparkling wine or still wine shipped in 750 ml
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 508
SLS 18RS-1790	ENGROSSED
bottles does not exceed 144 bottles per adult person per household address per year.
Present law provides that, for beverages of low alcoholic content, the package in which
sparking wine or still wine is shipped must be received by a person 21 years of age or older.
Proposed law retains present law and applies the same condition for beverages of high
alcoholic content. Further, requires the person receiving sparkling wine or still wine to show
proof of age at the time of delivery. 
Effective August 1, 2018.
(Amends R.S. 26:85(6) and 359(B)(1)(f))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Removes proposed law that would have reduced the allowable quantity of
direct shipment to 48 bottles per household address per year.
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.