SLS 20RS-506 ORIGINAL
2020 Regular Session
SENATE BILL NO. 473
BY SENATOR JOHNS
ALCOHOLIC BEVERAGES. Provides for manufacturers or brewers in the state selling
products at its permitted brewing facilities. (8/1/20)
1 AN ACT
2 To amend and reenact R.S. 26:241(15) and to enact R.S. 26:271.5, relative to permits for
3 dealers in beverages of low alcoholic contents; to provide for manufacturers or
4 brewers; to provide for permits; to transfer beer for resale; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 26:241(15) is hereby amended and reenacted and R.S. 26:271.5 is
8 hereby enacted to read as follows:
9 §241. Definitions
10 The following terms have the respective meanings ascribed to them except
11 in those instances where the context indicates a different meaning:
12 * * *
13 (15) "Manufacturer or brewer" means any person who, directly or indirectly,
14 personally or through any agency, person, or establishment, engages in the making,
15 blending, rectifying, brewing, or other processing of alcoholic beverages in
16 Louisiana or outside the state for shipments to licensed wholesale dealers within the
17 state subject to the provisions of R.S. 26:364. A manufacturer or brewer who
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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. 473
SLS 20RS-506 ORIGINAL
1 operates a brewing facility entirely located in the state of Louisiana may sell or serve
2 only those products brewed at that facility to the public only at that facility for
3 consumption on or off the premises but not for resale. The total amount of such sales
4 to the public for any given month shall not exceed ten percent of the total amount of
5 product brewed at that facility monthly or two hundred fifty barrels, whichever is
6 greater. Any manufacturer or brewer who sells its products to the public pursuant to
7 this Paragraph shall remit all state and parish or municipal sales and excise taxes to
8 the proper tax collecting authority for all products sold to the public. A manufacturer
9 or brewer who sells or serves its products to the public pursuant to this Paragraph,
10 shall comply with all local zoning laws and regulations.
11 * * *
12 §271.5. Breweries; sales on premises
13 A. Notwithstanding any other provision of this Title to the contrary, a
14 manufacturer or brewer that operates one or more permitted brewing facilities
15 entirely located in the state of Louisiana may sell or serve only those products
16 brewed at those permitted facilities to the public only at those facilities for
17 consumption on or off the premises but not for resale. The total amount of such
18 sales to the public for any given month shall not exceed ten percent of the total
19 amount of product brewed per permitted facility monthly or two hundred fifty
20 barrels per permitted facility, whichever is greater.
21 B. Notwithstanding any other provision of this Title to the contrary, a
22 manufacturer or brewer that operates more than one permitted brewing facility
23 entirely located in the state of Louisiana may transfer bonded beer between the
24 brewer's permitted facilities, not to exceed sixty percent of the total amount of
25 such sales to the public for any given month, for consumption on or off the
26 premises but not for resale. The commissioner may promulgate regulations in
27 accordance with the Administrative Procedure Act relative to reporting
28 requirements for product transfers.
29 C. Any manufacturer or brewer who sells its products to the public
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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. 473
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1 pursuant to this Section shall remit all state and parish or municipal sales and
2 excise taxes to the proper tax collecting authority for all products sold to the
3 public.
4 D. A manufacturer or brewer who sells or serves its products to the
5 public pursuant to this Section, shall comply with all local zoning laws and
6 regulations.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
SB 473 Original 2020 Regular Session Johns
Present law defines a "manufacturer or brewer" as any person who, directly or indirectly,
personally or through any agency, person, or establishment, engages in the making,
blending, rectifying, brewing, or other processing of alcoholic beverages in La. or outside
the state for shipments to licensed wholesale dealers within the state subject to the provisions
of present law. Present law authorizes a manufacturer or brewer who operates a brewing
facility entirely located in the state of La. to sell or serve only those products brewed at that
facility to the public only at that facility for consumption on or off the premises but not for
resale. The total amount of such sales to the public for any given month shall not exceed
10% of the total amount of product brewed at that facility monthly or 250 barrels, whichever
is greater. Any manufacturer or brewer who sells its products to the public pursuant to
present law is required to remit all state and parish or municipal sales and excise taxes to the
proper tax collecting authority for all products sold to the public. A manufacturer or brewer
who sells or serves its products to the public pursuant to present law is required to comply
with all local zoning laws and regulations.
Proposed law authorizes a manufacturer or brewer that operates more than one permitted
brewing facility entirely located in the state of Louisiana to transfer bonded beer between
the brewer's permitted facilities, not to exceed 60% of the total amount of such sales to the
public for any given month, for consumption on or off the premises but not for resale.
Proposed law authorizes the commissioner to promulgate regulations in accordance with the
APA relative to reporting requirements for product transfers.
Effective August 1, 2020.
(Amends R.S. 26:241(15); adds R.S. 26:271.5)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.