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 175 Original 2020 Regular Session Magee
Abstract: Provides for delivery of alcoholic beverages, adds agents of the third party delivery
company to permit provisions, extends the distance between the place of business and place
of delivery from 10 miles to 25 miles, and allows a third party company to act as an agent
of the retail dealer under certain circumstances.
Present law, for purposes of alcohol delivery, defines "third party" as being a third party delivery
service that is licensed to do business in the state of La., permitted with the office of alcohol and
tobacco control, and uses their own W-2 employees for delivery.
Proposed law changes all references of "third party" to "third party delivery company" and adds
agents for which the third party delivery company is required to file an Internal Revenue Service
Form W-2 or 1099 to the definition of third party delivery company.
Present law provides that only alcoholic beverages of low alcoholic content, beer, sparkling wine,
and still wine are offered for delivery.
Proposed law removes the present law limitation on the alcoholic beverages that may be offered for
delivery.
Present law provides that no alcoholic beverage shall be delivered more than ten miles from the place
of purchase.
Proposed law changes the distance between the place of purchase and the delivery address from 10
miles to 25 miles from the place of purchase.
Present law provides that the third party delivery service shall maintain a general liability insurance
policy with a liquor liability endorsement.
Proposed law retains present law with regard to requiring the third party delivery company to have
a general liability insurance policy but removes the stipulation that the policy have a liquor liability
endorsement.
Present law provides that a retail dealer may pay a third party a fee for its services and a third party
may charge a reasonable delivery fee for orders delivered by the third party and that the third party
may act as an agent of a retail dealer with regard to collection of payments from the sale of alcoholic
beverages, but the retail dealer must have control over the full amount of the order and the ultimate receipt of the payment from the consumer.
Proposed law retains present law and stipulates that a third party delivery company must be properly
licensed pursuant to present law for its authorized agent to act as an agent of the retail dealer with
regard to the collection of payments from the sale of alcoholic beverages.
Proposed law expands present law to allow a third party delivery company that is properly licensed
or its authorized agent to act as an agent of the retail dealer with regard to processing, assembling,
packaging, and fulfilling alcoholic beverage orders for delivery from the retailer's licensed premises.
Proposed law stipulates that when a third party delivery company is acting as an agent of the retail
dealer with regard to processing, assembling, packaging, and fulfilling alcoholic beverage orders for
delivery from the retailer's licensed premises, no additional permit is required of the retail dealer
when the retail dealer has contracted with a third party delivery company that is properly licensed
pursuant to present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 26:271.2(2)(b), 271.4, and 308(A), (B), (C)(1), (2), (8), and (11)(b), (D), (E), and
(F)(1))