2020 Second Extraordinary Session ENROLLED
SENATE BILL NO. 18
BY SENATOR CATHEY
1 AN ACT
2 To enact R.S. 26:71(A)(8) and 271(A)(7), relative to the Alcoholic Beverage Control Law;
3 to provide for certain permit fee payments; to provide for certain malt beverages or
4 beverages of low alcoholic content permit fee payments; to provide for permit fee
5 credits and refunds under certain exceptions related to COVID-19; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 26:71(A)(8) and 271(A)(7) are hereby enacted to read as follows:
9 §71. Permits required; fees; exception
10 A. Except as provided in Subsections B and C of this Section, before
11 engaging in the business of manufacturing, supplying, or dealing in alcoholic
12 beverages, all persons shall obtain from the commissioner, according to established
13 rules and regulations, a permit to conduct each separate business and shall pay the
14 commissioner a fee not to exceed the amounts provided for in the following schedule
15 and in accordance with regulations promulgated pursuant to the provisions of the
16 Administrative Procedure Act for each year the permit is valid:
17 * * *
18 (8) COVID-19 exceptions:
19 (a) A permit holder that timely paid its permit fee due to the
20 commissioner during the 2020 calendar year pursuant to Subparagraph (1)(a),
21 Item (3)(a)(i), and Subparagraph (3)(d) of this Subsection, shall have its permit
22 fees due during the 2021 calendar year reduced on a pro rata basis for the
23 number of days in calendar year 2020 that the permit holder was required to
24 temporarily close operations pursuant to Proclamation Number 30 JBE 2020,
25 or any subsequent proclamation declaring the existence of a statewide
26 COVID-19 public health emergency.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 18 ENROLLED
1 (b) A permit holder that timely paid its permit fee due to the
2 commissioner during the 2020 calendar year pursuant to Subparagraph (1)(a),
3 Item (3)(a)(i), and Subparagraph (3)(d) of this Subsection, subsequently
4 surrendered its permit to the commissioner during the 2020 calendar year, and
5 was in good standing with the commissioner at the time of the surrender, shall
6 be issued a refund in the amount paid, but reduced on a pro rata basis for the
7 number of days in calendar year 2020 that the permit holder was required to
8 temporarily close operations pursuant to Proclamation Number 30 JBE 2020,
9 or any subsequent proclamation declaring the existence of a statewide
10 COVID-19 public health emergency, no later than December 31, 2020.
11 * * *
12 §271. Permits required; fees
13 A. Before engaging in the business of dealing in malt beverages or beverages
14 of low alcoholic content, all manufacturers, wholesale and retail dealers, and
15 microbrewers shall obtain from the commissioner, according to established rules and
16 regulations, a permit to conduct each separate manufacturing, wholesale, retail, or
17 microbrewery business and shall pay for each permit a fee not to exceed the amounts
18 provided for in the following schedule and in accordance with regulations
19 promulgated pursuant to the provisions of the Administrative Procedure Act for each
20 year the permit is valid:
21 (1) * * *
22 (7) COVID-19 exceptions:
23 (a) A permit holder that timely paid its permit fee due to the
24 commissioner during the 2020 calendar year pursuant to Subparagraph (2)(a),
25 Paragraph (5), and Subparagraph (6)(a) of this Subsection, shall have its permit
26 fees due during the 2021 calendar year reduced on a pro rata basis for the
27 number of days in calendar year 2020 that the permit holder was required to
28 temporarily close operations pursuant to Proclamation Number 30 JBE 2020,
29 or any subsequent proclamation declaring the existence of a statewide
30 COVID-19 public health emergency.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 18 ENROLLED
1 (b) A permit holder that timely paid its permit fee due to the
2 commissioner during the 2020 calendar year pursuant to Subparagraph (2)(a),
3 Paragraph (5), and Subparagraph (6)(a) of this Subsection, subsequently
4 surrendered its permit to the commissioner during the 2020 calendar year, and
5 was in good standing with the commissioner at the time of the surrender, shall
6 be issued a refund in the amount paid, but reduced on a pro rata basis for the
7 number of days in calendar year 2020 that the permit holder was required to
8 temporarily close operations pursuant to Proclamation Number 30 JBE 2020,
9 or any subsequent proclamation declaring the existence of a statewide
10 COVID-19 public health emergency, no later than December 31, 2020.
11 * * *
12 Section 2. This Act shall become effective upon signature by the governor or, if not
13 signed by the governor, upon expiration of the time for bills to become law without signature
14 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
15 vetoed by the governor and subsequently approved by the legislature, this Act shall become
16 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.