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 349 Original 2019 Regular Session Carmody
Abstract: Provides for the delivery of low alcohol content beverages by a third party, restaurant,
or grocery store. and provides for the regulation and requirements thereto.
Present law authorizes parishes and municipalities to issue and require local permits similar to those
issued by the commissioner.
Proposed law retains present law and expands local permit authority to include alcohol delivery
permit.
Proposed law adds additional ATC issued permits for the delivery of low alcohol content beverages
by restaurants, grocery stores, and third parties.
Proposed law provides the following restrictions on alcohol deliveries:
(1)Only alcohol purchased from a Louisiana wholesale dealer can be offered for delivery.
(2)Only alcoholic beverages of low alcoholic content, beer, sparkling wine, and still wine can
be offered for delivery.
(3)Alcohol deliveries are only offered during the hours and days the retailer is authorized to sell
or serve alcoholic beverages.
(4)All alcohol deliveries must contain a food order as well.
(5)Deliveries can only be taken to areas where the sale of alcoholic beverages is permitted.
Proposed law requires that deliveries are conducted by a person that meets the following
requirements:
(1)A person who is eighteen years of age or older.
(2)A person who possesses a valid server permit.
(3)A person who is an employee for which the third party is required to file certain IRS forms.
Proposed law requires that a delivery agent must refuse delivery and return the beverages to the place of purchase if:
(1)The recipient does not have a valid form of identification.
(2) The recipient is intoxicated.
(3)The recipient refuses to sign for the receipt of the delivery.
(4)There is reason to doubt the authenticity of the form of identification.
Proposed law requires that the retail dealer, grocery store, or restaurants keep records of all deliveries
of alcoholic beverages for three years.
(Amends R.S. 26:271.2(2) and 274(A); Adds R.S. 26:271.2(1)(j), 271.4, and 307)