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 829 Original 2022 Regular Session Stefanski
Abstract: Provides relative to the regulation of alcoholic beverage delivery.
Present law (R.S. 26:274) 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 local permits of any third party which
has been issued a state delivery service permit and from requiring an additional local permit for
delivery of any licensed retail dealer that has been issued a state delivery permit.
Present law (R.S. 26:308) 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 beyond a certain distance in certain
parishes.
Proposed law prohibits the delivery of alcoholic beverages beyond 20 miles from the place of
purchase for all parishes.
Present law requires a person delivering alcoholic beverages to possess a valid server permit as
provided in R.S. 26:931 et seq.
Present law (R.S. 26:931) provides that a server permit is a permit issued to a server or security
personnel upon completion of all required server or security personnel training courses and all
required refresher courses as provided by present law.
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 (R.S. 26:308) 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 without sending
written notification of the price change.
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 provides that any permittee 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.
Present law (R.S. 26:292) provides for fines in lieu of revocation or suspension of the permit.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 26:274(A)(2) and 308(B), (C)(8), (11)(c), and (J); Adds R.S. 26:308 and (C)(12)(b)(i)
and (ii))