2021 Regular Session ENROLLED
SENATE CONCURRENT RESOL UTION NO. 31
BY SENATOR HENRY
A CONCURRENT RESOL UTION
To urge and request the Department of Revenue, office of alcohol and tobacco control, to
amend administrative rules Title 55, Part VII, Chapter 3, Section 317(C)(2)(a)(ii) and
(b)(iii) of the Louisiana Administrative Code to provide relative to equipment and
product displays that an alcoholic beverage manufacturer may furnish, or cause to
be furnished, to a retail dealer in order to provide for the storage, display, proper
dispensing, and advertisement of the manufacturer's products.
WHEREAS, the furnishment of equipment and product displays by alcoholic
beverage liquor manufacturers to retail dealers in order to provide for the storage, display,
proper dispensing, and advertisement of a manufacturer's products is restricted by the office
of alcohol and tobacco control via administrative regulation; and
WHEREAS, the provisions of the administrative regulation restricting the
furnishment of equipment have not been updated since June of 1991; and
WHEREAS, the legislature recognizes that it is common industry practice to display
and sell alcoholic beverages in racks, bins, barrels, casks, shelving, and the like with
substantial advertising matter, and for these displays to be furnished by liquor manufacturers
to retail dealers; and
WHEREAS, the legislature recognizes that it is common industry practice to display
and sell alcoholic beverages in refrigerated coolers and common practice for such
refrigerated coolers to bear substantial advertising matter; and
WHEREAS, the legislature recognizes no threat to public safety or wellbeing for
branded refrigerated coolers to be furnished by liquor manufacturers to retail dealers
alongside other currently permitted equipment and product displays.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Department of Revenue, office of alcohol and tobacco control, to amend
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administrative rules Title 55, Part VII, Chapter 3, Section 317(C)(2)(a)(ii) and (b)(iii) of the
Louisiana Administrative Code to read as follows:
ยง317. Prohibition of Certain Unfair Business Practices
* * *
C. Marketing and Sale of Alcoholic Beverages in Louisiana
* * *
2. Exceptions
a. Equipment
* * *
ii.(aa) Accessories such as carbon dioxide gas tanks, regulators, and other
draught equipment accessories with a reasonable open market price of more than $5
but less than $200 per item must be sold to retailers at a price no less than the cost
to the industry member as defined herein. Such sales shall be made for cash only.
(bb) Refrigerated coolers which serve only as a temperature-controlled
product display for spirituous liquor and which have a reasonable open market
price of less than $155 and which bear advertising of a spirituous liquor product
that is conspicuous, substantial, and permanently inscribed or securely affixed
may be given, loaned, or sold to a retailer by a manufacturer at a price no less
than the cost to the manufacturer.
* * *
b. Inside Signs
* * *
iii. Product displays may be furnished by an industry member to a retailer,
provided that the total value of all product displays furnished by an industry member
may not exceed $155 per brand in use at any one time in any one retail
establishment. Product display are racks, bins, barrels, casks, shelving, refrigerated
coolers that are furnished by manufacturers, and the like from which alcoholic
beverages are displayed or sold. Product displays shall bear conspicuous and
substantial advertising matter.
* * *
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BE IT FURTHER RESOLVED that the commissioner of the office of alcohol and
tobacco control is hereby requested to allow refrigerated coolers along with other equipment
and displays as provided for in LAC 55:VII.317(C)(2)(a)(ii) and (b)(iii) on the effective date
of this Resolution.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be transmitted
to the Department of Revenue, office of alcohol and tobacco control.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
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