RÉSUMÉ DIGEST
HB 571 2021 Regular Session Stefanski
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 would have prohibited a parish or municipality from requiring permits of any
third party which had 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 would have retained existing law and additionally would have authorized
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 would have restricted the prohibition in existing law to any building owned or
operated by a state college, university, technical college or institute, or an independent
college or university located in this state where students were housed, attended class,
gathered, or met.
Present law prohibits the delivery of alcoholic beverages beyond a certain distance in certain
parishes.
Proposed law would have prohibited the delivery of alcoholic beverages beyond 20 miles
from the place of purchase.
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 would have retained present law and additionally would have exempted any
person who had 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 would have retained present law and would have added the following:
(1)Required a third party to list all alcoholic beverages on its platform at the price set
by the retail dealer.
(2)Exempted third parties from liability for an impermissible price increase even if the
listed price was higher than the retail dealer determines for its licensed premises.
(3)Held a third party liable for an impermissible price increase if the price listed was
different from the price set by the retail dealer.
Present law provides that any permittee who violates the provisions of present law shall be
subject to revocation of the permit by the commissioner.
Proposed law would have provided that any permittee who violated the provisions of present
law was subject to revocation of the permit by the commissioner and would have added that
a violation of present law was also punishable as provided by R.S. 26:292.
(Proposed to amend R.S. 26:274(A)(2) and 308(B), (C)(6), (8), and (11)(c), and (J); proposed
to add R.S. 26:308(C)(12)(b)(i)-(iii)) VETO MESSAGE:
"House Bill 571 both expands physical locations where alcohol may be delivered by a third
party delivery company and limits which package house Class B permit holders are eligible
to use a third party delivery company for delivery.
Currently, there are restrictions on where alcohol may be delivered, both by W-2 employees
of an alcohol retailer and by third party alcohol delivery companies. In crafting the original
legislation for alcohol delivery, great care was taken to ensure that alcohol could not be
delivered to college campuses. Despite the fact that the stated goal of the author of House
Bill 571 was to make sure alcohol is not being delivered to college kids on campus, the
language of this bill as finally passed would limit where on campus alcohol delivery is
restricted to only those buildings owned or operated by the higher education institution,
opening up the possibility of delivery to fraternity and sorority houses on campus thereby
increasing accessibility to underage students. No delivery to college campuses should be
permissible and this would be consistent with existing statutory framework for alcohol
delivery.
If enacted, House Bill 571 would eliminate the ability of every package house Class-B permit
holder to use a third-party delivery company or a third-party platform to facilitate the sale and
delivery of alcohol, except grocery stores. Under current law, all package house Class-B
permit holders have the ability to use a third-party delivery company or a third-party platform
to facilitate the sale and delivery of alcohol. Businesses like grocery stores, stand-alone
liquor stores, and convenience stores hold package house Class-B permits and are authorized
now to utilize either a third-party delivery company or a third-party platform to facilitate
alcohol delivery. This legislation, if signed into law, may unconstitutionally impair contracts
already entered into by package house Class-B permit holders, other than grocery stores,
with third-party delivery companies and third-party platforms for alcohol delivery.
For these reasons, this bill will not become law."