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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 349 2019 Regular Session Carmody
Keyword and oneliner of the instrument as it left the House
ALCOHOLIC BEVERAGES: Provides relative to the delivery of alcoholic beverages
Report adopts Senate amendments to:
1. Add that proposed law is effective upon the signature of the governor.
2. Add a definition of a third party delivery company only for the purposes of proposed law.
3. Allows the commissioner of ATC to revoke any permit for permittees that violate the
provisions of proposed law.
Report rejects Senate amendments which would have:
1. Expanded the definition of "liquor retail distribution center," effective until July 1, 2021, to
include any liquor retailer who has continuously maintained a distribution center or centers
for distribution to its wholly owned retail permittees on or prior to Jan. 1, 1961, in this state.
Digest of the bill as proposed by the Conference Committee
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 an alcohol delivery
permit.
Proposed law adds additional ATC-issued permits for the delivery of low alcohol content beverages
by restaurants, grocery stores, holders of a package house-Class B permit, and third parties.
Proposed law sets fee amounts for ATC-issued permits for the delivery of low alcohol content
beverages by restaurants, grocery stores, holders of a package house-Class B permit, and third
parties. Proposed law defines a third party delivery company, only for purposes of proposed law, as a third
party delivery service that is licensed to do business in the state of La., permitted with ATC, and uses
their own W-2 employees for delivery.
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 18 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 further provides that a delivery agent who fails to comply with these provisions of
proposed law shall be held vicariously liable for damages incurred as a result of the failure to
comply.
Proposed law requires that the retail dealer, grocery store, or restaurant keep records of all deliveries
of alcoholic beverages for three years. Proposed law shall not be applied to the provisions of present law regarding the transportation or
delivery of sparkling wine or still wine through wholesalers.
Proposed law requires third-party delivery services to maintain general liability insurance with a
liquor liability endorsement in the amount of no less than one million dollars per occurrence.
Proposed law allows the commissioner to revoke any permit for permittees that violates the
provisions of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 26:271.2(2) and 274(A); Adds R.S. 26:271.2(1)(j), 271.4, and 309)