RÉSUMÉ DIGEST
ACT 467 (HB 370) 2022 Regular Session Magee
Existing law (R.S. 26:241) provides for definitions for alcohol beverage control and taxation.
New law adds definitions for "brewing facility", "self-distribution", and "secondary location".
Existing law requires that sales to the public by manufacturers or brewers cannot exceed the
greater of 10% of the total amount of product brewed at that facility monthly or 250 barrels
and requires all state and parish or municipal sales and excise taxes be remitted to the proper
tax collecting authority for all products sold to the public as well as compliance with all local
zoning laws and regulations.
New law authorizes a brewer who operates a brewing facility located entirely in the state that
produces less than 5,000 barrels of beer or other malt beverages annually at the brewing
facility and holds both an in-state manufacturer's permit and a brewer's self-distribution
permit issued pursuant to existing law to self-distribute to either of the following:
(1)A secondary location wholly owned by the brewer holding the self-distribution
permit.
(2)A retailer holding a Class A permit, a Class B permit, a Class C permit, or a Type A,
B, or C temporary alcoholic beverage permit.
New law authorizes a brewer who operates a brewing facility located entirely in the state to
obtain a permit to self-distribute beer or other malt beverages brewed at its brewing facility
under the following conditions:
(1)The quantity of beer brewed at the brewing facility that is self-distributed to a
secondary location shall be included in the quantity limitations for selling products
for on- or off-the-premises consumption in existing law for the producing brewing
facility that does not exceed an amount greater than 50% of the secondary location
facility's production of beer for the previous month or 50% of the volume of beer sold
at retail by the secondary location for the previous month, whichever is less.
(2) If a brewer self-distributes to a secondary location, the brewing facility at which the
beer is produced shall maintain no less than a 10-barrel brewing system and the
secondary location is required to maintain no less than a five-barrel brewing system.
New law requires that if a brewer self-distributes to retailers the following shall apply:
(1) No more than 3,000 barrels of beer brewed at the brewing facility be self-distributed
to all retailers annually.
(2)The product be offered at a standard price to all retailers.
New law prohibits the brewer or brewing facility from having an existing distribution
agreement with a permitted wholesale dealer.
New law requires that the brewer or brewing facility own or lease warehouse space that is
maintained separate from the brewing facility.
New law requires that the brewer or brewing facility own or lease delivery equipment
dedicated for the primary use of distribution and delivery of only those products brewed at
the brewing facility.
New law requires the brewer to remit all state sales and excise taxes on all beer or other malt
beverages produced at its brewing facility that is self-distributed to a secondary location.
New law requires the secondary location to remit all parish or municipal sales and excise
taxes on any amount received through self-distribution by the brewer to the proper tax
collecting authority for all products sold to the public. New law requires the brewer or brewing facility to provide a monthly report of all sales from
the brewing facility and all sales from self-distribution to the office of alcohol and tobacco
control.
New law authorizes a brewing facility to enter into a distribution agreement with a permitted
wholesale dealer or make application for a self-distribution permit. However, no brewing
facility shall distribute through the permitted wholesale dealer and self-distribution.
New law provides that any brewing facility that engages in self-distribution be subject to
applicable state regulations.
New law authorizes a brewer who operates a brewing facility located entirely within the state
and who holds an in-state manufacturer's permit to use a wholesaler, for a set fee, to transfer
beer or other malt beverages brewed at the brewing facility to another brewing facility in the
state owned wholly by the brewer to sell or serve to the public for consumption on- or
off-the-licensed premises under the following circumstances:
(1)A transferring brewing facility that maintains no less than a 10-barrel brewing
system, and the receiving brewing facility owned wholly by the transferring brewing
facility maintains no less than a five-barrel brewing system.
(2)The quantity of beer transferred is included in the quantity limitation for selling
products by a brewer to the public for on- or off-the-licensed premises consumption
for the brewing facility receiving the transferred beer.
(3)The quantity of beer transferred does not exceed an amount greater than 50% of the
receiving brewing facility's production of beer for the previous month or 50% of the
volume of beer sold at retail by the receiving facility for the previous month,
whichever is less.
(4)The receiving brewing facility remits all state and parish or municipal sales and
excise taxes to the proper tax collecting authority for all products received and sold
to the public.
Existing law provides a fee schedule for those engaged in the business of dealing in malt
beverages or beverages of low alcoholic content.
New law adds that brewers engaged in self-distribution shall pay a $1,500 permit fee.
Effective August 1, 2022.
(Amends R.S. 26:359(A); Adds R.S. 26:241(27)-(29), 242, 243, and 271(A)(7))