ENROLLED
ACT No. 71
2021 Regular Session
HOUSE BILL NO. 219
BY REPRESENTATIVE ILLG
1 AN ACT
2 To 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.
6 Be 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
8 reenacted 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
17 container 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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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
30 a third-party platform for the use of an internet or mobile application or similar
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1 technology platform to facilitate the sale of alcoholic beverages for delivery to
2 consumers for personal consumption within this state and the third-party delivery
3 company or the third-party platform may deliver alcoholic beverages to the
4 consumer.
5 C. An alcoholic beverage delivery agreement between a retail dealer and a
6 third party shall require all of the following:
7 * * *
8 (2)
9 * * *
10 (b) Only malt beverages, ready-to-drink beverages, sparkling wine, and still
11 wine, as defined in R.S. 26:2 and 241 are offered for delivery from the licensed
12 premises of a restaurant permit holder.
13 * * *
14 Section 2. The Louisiana State Law Institute is hereby authorized and directed to
15 arrange in alphabetical order and renumber the definitions provided in R.S. 26:2 and 241.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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