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 275 Original 2020 Regular Session Horton
Abstract: Removes the authority to deliver alcoholic beverages.
Present law authorizes parishes and municipalities to issue and require local permits similar to those
issued by the commissioner of alcohol and tobacco control (ATC) for the sale of alcoholic beverages
including alcohol delivery permits.
Present law provides 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, and sets the amount of the fees for such permits.
Present law defines a third-party delivery company, only for purposes of present 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.
Present 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.
Present law requires deliveries to be conducted by a person who 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 an IRS Form W-2. Present law requires a delivery agent to 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.
Present law further provides that a delivery agent who fails to comply with these provisions of new
law shall be held vicariously liable for damages incurred as a result of the failure to comply.
Present law requires the retail dealer, grocery store, or restaurant to keep records of all deliveries of
alcoholic beverages for three years.
Present law shall not be applied to the provisions of existing law regarding the transportation or
delivery of sparkling wine or still wine through wholesalers.
Present 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.
Present law allows the commissioner to revoke any permit for permittees that violate the provisions
of present law.
Proposed law removes the authority to deliver alcoholic beverages and makes changes to present law
in this regard.
(Amends R.S. 26:271.2(2) and 274(A); Repeals R.S. 26:271.2(1)(j), 271.4, and 308)