Louisiana 2019 2019 Regular Session

Louisiana Senate Bill SB34 Comm Sub / Analysis

                    The original instrument was prepared by Dawn Romero Watson. The following
digest, which does not constitute a part of the legislative instrument, was prepared
by Yoursheka George.
DIGEST
SB 34 Engrossed	2019 Regular Session	Donahue
Present law (Alcohol Beverage Control Law) regulates the sale of alcoholic beverages in Louisiana
through a licensing three-tier system. Requires licensed producers/manufacturers to sell to licensed
wholesalers/distributors and licensed wholesalers/distributors to sell to licensed retailers (including
restaurants.) Provides that only licensed retailers may sell alcoholic beverages directly to consumers.
Present law provides limited exceptions wherein a licensed wine producer/manufacturer may also
engage in business as a wholesaler/distributor or as a retailer. Exceptions include a wine producer
who operates one or more wineries selling and shipping directly to a consumer in Louisiana provided
that the total amount of sparkling wine or still wine shipped to any single household address is in 750
ml bottles and does not exceed 144 bottles per adult person per household address per calendar year. 
Proposed law retains present law but removes the size limitation on the bottles/containers in which
the wine may be shipped. Provides instead that the total amount of sparkling or still wine shipped
shall not exceed twelve cases of wine per adult person per household address per calendar year.
Proposed law defines a case of wine. 
Proposed law provides guidelines for how a case of wine shall be packaged. 
Present law provides that no alcoholic beverages produced or manufactured inside or outside of
Louisiana shall be sold or offered for sale in Louisiana, or shipped or transported into or within the
state except to the holder of a wholesaler's permit. Further provides that the delivery of alcoholic
beverages produced or manufactured inside or outside of Louisiana shall be made at the place of
business of the wholesaler shown on their permit, and must be received and warehoused by the
wholesaler at that place of business and shall come to rest before delivery is made to any retailer. 
Present law provides for an exception to present law for sparkling wine or still wine sold and shipped
directly to a consumer, not to a retail dealer's location, in Louisiana by the manufacturer or retailer
of such beverage domiciled inside or outside of Louisiana or by a wine producer domiciled inside
or outside of Louisiana provided all taxes levied have been paid and certain conditions apply
including that the sparkling wine or still wine to be shipped is shipped in 750 ml bottles and that the
total amount does not exceed 144 bottles per adult person per household address per calendar year.
Proposed law retains present law but removes the size limitation on the bottles in which the wine
may be shipped. Provides instead that the total amount of sparkling or still wine shipped shall not
exceed 108 liters of wine per adult per household address per calendar year. Effective July 1, 2019.
(Amends R.S. 26:85(6) and 359(B)(1)(c); adds R.S. 26.2(3.1), and 241(2.1))
Summary of Amendments Adopted by Senate
1. Proposed law defines case of wine.