HLS 21RS-674 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 219
BY REPRESENTATIVE ILLG
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALCOHOLIC BEVERAGES: Provides relative to delivery of ready-to-drink alcoholic
beverages by restaurants
1 AN ACT
2To amend and reenact R.S. 26:271.2(2)(b) and 308(B) and (C)(2)(b) and to enact R.S.
3 26:2(32) and 241(27), relative to alcohol delivery; to provide for definitions; to
4 provide for the delivery of ready-to-drink beverages; to provide for permits needed
5 to enter into delivery agreements; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 26:271.2(2)(b) and 308(B) and (C)(2)(b) are hereby amended and
8reenacted and R.S. 26:2(32) and 241(27) are hereby enacted to read as follows:
9 §2. Definitions
10 For purposes of this Chapter, the following terms have the respective
11 meanings ascribed to them in this Section, unless a different meaning clearly appears
12 from the context:
13 * * *
14 (32) "Ready-to-drink beverage" means an alcoholic beverage containing low
15 or high alcohol content as defined in this Section and R.S. 26.241, that is pre-
16 packaged, pre-measured, and pre-mixed to be sold in a manufacturer sealed container
17 ready for immediate consumption.
18 * * *
19 §241. Definitions
20 The following terms have the respective meanings ascribed to them except
21 in those instances where the context indicates a different meaning:
22 * * *
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HB NO. 219
1 (27) "Ready-to-drink beverage" means an alcoholic beverage containing low
2 or high alcohol content as defined in this Section and R.S.26:2, that is pre-packaged,
3 pre-measured, and pre-mixed to be sold in a manufacturer sealed container ready for
4 immediate consumption.
5 * * *
6 §271.2. Class A permit; definitions
7 The commissioner shall issue the following four types of Class A retail
8 permits for beverages of low alcoholic content:
9 * * *
10 (2) Class A-Restaurant:
11 * * *
12 (b) Notwithstanding any provision of law to the contrary and subject to rules
13 promulgated by the commissioner, in addition to the authority to contract with a
14 third-party delivery company or a third-party platform as provided in R.S. 26:308,
15 a permit may be issued to a "restaurant establishment" enabling the delivery of
16 restaurant prepared food and malt beverages, ready-to-drink beverages, sparkling
17 wine, and still wine, as defined in R.S. 26:2 and R.S. 26:241 with its own employees
18 or agents for which the retailer is required to file an Internal Revenue Service Form
19 W-2 or 1099. Notwithstanding the provisions of R.S. 26:271(A)(2), the permit fee
20 for the permit issued pursuant to this Subparagraph shall be two hundred fifty
21 dollars.
22 * * *
23 §308. Alcoholic beverages delivery agreements; requirements; limitations
24 * * *
25 B. Notwithstanding any provision of law to the contrary, a retail dealer
26 possessing a valid Class A-General retail permit or Class-A Restaurant permit as
27 provided in R.S. 26:271.2, a Class "R" restaurant permit as provided in R.S. 26:272,
28 or a package house-Class B, as defined in R.S. 26:241, permit as provided in this
29 Chapter may enter into a written agreement with a third-party delivery company or
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HB NO. 219
1 a third-party platform for the use of an internet or mobile application or similar
2 technology platform to facilitate the sale of alcoholic beverages for delivery to
3 consumers for personal consumption within this state and the third-party delivery
4 company or the third-party platform may deliver alcoholic beverages to the
5 consumer.
6 C. An alcoholic beverage delivery agreement between a retail dealer and a
7 third party shall require all of the following:
8 * * *
9 (2)
10 * * *
11 (b) Only malt beverages, ready-to drink-beverages, sparkling wine, and still
12 wine, as defined in R.S. 26:2 and 241 are offered for delivery from the licensed
13 premises of a restaurant permit holder.
14 * * *
15 Section 2. The Louisiana State Law Institute is hereby authorized and directed to
16arrange in alphabetical order and renumber the definitions provided in R.S. 26:2 and 241.
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 219 Original 2021 Regular Session Illg
Abstract: Creates a definition for "ready-to-drink beverages" and provides for delivery of
ready-to-drink beverages from restaurants.
Proposed law adds a definition for "ready-to-drink beverages".
Proposed law defines "ready-to-drink beverages" as an alcoholic beverage containing low
or high alcohol content as defined in R.S. 26:2 and 241, that is pre-packaged, pre-measured,
and pre-mixed to be sold in a manufacturer sealed container ready for immediate
consumption.
Present law provides for the four type of Class-A retail permits available for beverages of
low alcohol content:
(1)Class A-General.
(2)Class A-Restaurant.
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HB NO. 219
(3)Class A-Special.
(4)Class A-Restaurant-Conditional.
Proposed law retains present law and adds ready-to-drink beverages to the list of beverages
that can be delivered from a restaurant with a proper Class A-Restaurant permit.
Present law provides for delivery agreements between retail dealers and third-party delivery
companies, pursuant to retailers possessing a valid Class A-General, Class "R" restaurant,
or Class B permit.
Proposed law retains present law and provides that retail dealers possessing Class A-
Restaurant permits may enter into delivery agreements with a third-party delivery company.
Present law enables a restaurant possessing a proper Class-B permit with the ability to
deliver malt beverages, sparkling wine, and still wine.
Proposed law retains present law and adds ready-to-drink beverages to the list of beverages
that can be delivered from a restaurant possessing a proper Class-B permit.
Proposed law authorizes the La. State Law Institute to arrange in alphabetical order and
renumber the definitions provided in R.S. 26:2 and 241.
(Amends R.S. 26:271.2(2)(b) and 308(B) and (C)(2)(b); Adds R.S. 26:2(32) and 241(27))
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