Louisiana 2020 2020 Regular Session

Louisiana Senate Bill SB473 Comm Sub / Analysis

                    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)