The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alan Miller.
DIGEST
SB 178 Original 2020 Regular Session Allain
Present 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, and sets
the amount of the fees for such permits.
Proposed law removes the limitation on delivery to only low alcohol content beverages.
Present law defines a third party delivery company 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 retains present law but also provides that a third party delivery company may also
utilize the service of agents that receive an IRS Form 1099 as proof of compensation for their
services. Persons that receive an IRS Form 1099 are considered independent contractors and not
employees.
Present law prohibits alcoholic beverages from being delivered more than 10 miles from the place
of purchase.
Proposed law expands the delivery area from 10 miles to 25 miles from the place of purchase.
Proposed law provides that a third party delivery company or its authorized agent may also act as
an agent of a retail dealer for the purposes of processing, assembling, packaging, and fulfilling
alcoholic beverage orders for delivery from the retailer's licensed premises with no additional permit
required of a retail dealer who has contracted with a third party delivery company for the purpose
of processing, assembling, packaging, and fulfilling alcoholic beverage orders for delivery from the
retailer's licensed premises.
Effective upon signature of the 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))