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 571 Original 2021 Regular Session Stefanski
Abstract: Provides relative to the regulation of alcoholic beverage delivery.
Present law allows for parishes and municipalities to issue and require local permits for the delivery
of alcoholic beverages by grocery stores, restaurants, and third parties.
Proposed law prohibits a parish or municipality from requiring permits of any third party which has
been issued a Class D delivery service permit.
Present law allows certain retail dealers to enter into an agreement with a third-party to facilitate the
sale of alcoholic beverages for delivery.
Proposed law retains present law and additionally authorizes agreements for the sale of alcoholic
beverages for curbside pickup for holders of Class B permits.
Present law prohibits the delivery of alcoholic beverages to a state college, university, technical
college or institute, or an independent college or university located in this state.
Proposed law restricts the prohibition in present law to any building with a municipal address that
is owned by a state college, university, technical college or institute, or an independent college or
university located in this state.
Present law prohibits the delivery of alcoholic beverages beyond a certain distance in certain
parishes.
Proposed law prohibits the delivery of alcoholic beverages beyond 30 miles from the place of
purchase.
Present law requires all orders for the delivery of alcoholic beverages to contain food.
Proposed law restricts the requirement in present law to apply only to Class A-Restaurant permit
holders.
Present law requires a person delivering alcoholic beverages to possess a valid server permit as
provided in R.S. 26:931 et seq.
Proposed law retains present law and additionally exempts any person who has obtained a permit solely for the purpose of alcoholic beverage delivery from local server permitting requirements.
Present law requires a retail dealer to determine the price at which alcoholic beverages are offered
for sale or sold through a third party.
Proposed law retains present law and adds the following:
(1)Requires a third party to list all alcoholic beverages on its platform at the price set by the
retail dealer.
(2)Exempts third parties from liability for an impermissible price increase even if the listed
price is higher than the retail dealer determines for its licensed premises.
(3)Holds a third party liable for an impermissible price increase if the price listed is different
from the price set by the retail dealer.
Present law allows a retail dealer to pay a third party delivery company or a third party platform a
fee for its services and allows the third party to charge a reasonable delivery fee for orders delivered
by the third party delivery company or the third party platform.
Proposed law retains present law and provides that the third party may charge a reasonable variable
delivery fee based on the size of the order delivered by the third party delivery company.
Present law provides that any permitee who violates the provisions of present law shall be subject
to revocation of the permit by the commissioner.
Proposed law provides that any permitee who violates the provisions of present law may be subject
to revocation of the permit by the commissioner and adds that a violation of present law may also
be punishable as provided by R.S. 26:292.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 26:274(A)(2) and 308(B), (C)(6), (8), (9), and (11)(c), (E), and (J); Adds R.S.
26:308(C)(12)(b)(i)-(iii))