GREEN SHEET REDIGEST
HB 829 2022 Regular Session Stefanski
ALCOHOLIC BEVERAG ES: Provides relative to alcoholic beverage delivery.
DIGEST
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 written 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.
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 or electronic 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.
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Prepared by Alan Miller. 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))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Remove the requirement that agreements between third party delivery companies
and retail dealers be written.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the engrossed
bill
1. Clarifies that agreements between the retailer and the third-party delivery
company for the sale of alcoholic beverages for curbside pickup be in writing.
2. Authorizes notification to the third party via electronic means of lower prices at
the store by the retailer for purposes of liability for impermissible markup.
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Prepared by Alan Miller.