SLS 22RS-1190 REENGROSSED
2022 Regular Session
SENATE BILL NO. 417
BY SENATOR CATHEY
ALCOHOLIC BEVERAGES. Provides relative to the delivery of alcoholic beverages.
(8/1/22)
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 26:308(C) and 308(C)(12)(b) and
3 to enact R.S. 26:308(C)(13) and (14), relative to alcoholic beverages; to provide for
4 alcoholic beverage delivery agreements, requirements, and limitations; and to
5 provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. The introductory paragraph of R.S. 26:308(C) and 308(C)(12)(b) are
8 hereby amended and reenacted and R.S. 26:308(C)(13) and (14) are hereby enacted to read
9 as follows:
10 ยง308. Alcoholic beverages delivery agreements; requirements; limitations
11 * * *
12 C. An A sample contract of the alcoholic beverage delivery agreement
13 between a retail dealer and a third party shall be filed with the commissioner prior
14 to execution. Any updates or amendments to the sample contract shall also be
15 submitted to the commissioner. The alcoholic beverage delivery agreement shall
16 require all of the following:
17 * * *
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 417
SLS 22RS-1190 REENGROSSED
1 (12) The retail dealer shall manage and control the sale of alcoholic
2 beverages including but not limited to all of the following:
3 * * *
4 (b) Determining the price at which alcoholic beverages are offered for sale
5 or sold through a third party's internet or mobile application platform or similar
6 technology, which shall be the same price as the alcoholic beverages are offered
7 for sale at the retailer's licensed premises.
8 * * *
9 (13) The amount of any fee paid by the retailer to the third party for its
10 services authorized by Subsection E of this Section. However, the fee shall not
11 be based on the percentage of the total receipts for those deliveries made by the
12 third party from the retailer's licensed premises.
13 (14) Any delivery fee charged by a third party pursuant to Subsection
14 E of this Section shall be displayed prominently on the third party's internet or
15 mobile application platform or similar technology and shall be itemized
16 separately on the purchase receipt.
17 * * *
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Jacob Wilson.
DIGEST
SB 417 Reengrossed 2022 Regular Session Cathey
Present law provides for certain requirements that a third-party delivery company or
third-party platform meet prior to entering into an alcoholic beverage delivery agreement
with a retailer.
Present law requires that an alcoholic beverage delivery agreement (agreement) between a
retail dealer and a third party contain certain provisions.
Proposed law requires a sample contract of the agreement be filed with the commissioner
prior to execution and requires any updates or amendments to the sample contract be
submitted to the commissioner.
Present law requires the agreement to contain certain provisions.
Proposed law provides the sample contract contain certain provisions and adds the following
provisions be included in the sample contract:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 417
SLS 22RS-1190 REENGROSSED
(1)The price at which alcoholic beverages are sold on the third party's internet or mobile
application or similar technology be the same price as the alcoholic beverages
offered for sale at the retailer's premises.
(2)The amount of any fee paid by the retailer to the third party for its services
authorized by present law.
(3)Any delivery fee charged by a third party pursuant to present law be displayed
prominently on the third party's internet or mobile application platform or similar
technology and be itemized separately on the purchase receipt.
Effective August 1, 2022.
(Amends R.S. 26:308(C)(intro para) and 308(C)(12)(b); adds R.S. 26:308 (C)(13) and (14))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Makes technical changes.
2. Adds provisions required to be included in the alcoholic beverage delivery
agreement.
3. Requires that a sample contract of the alcoholic beverage delivery agreement
between a retail dealer and a third party be filed with the ATC commissioner
and requires certain provisions be in the sample contract.
Senate Floor Amendments to engrossed bill
1. Removes provisions related to interposed persons and requirement to
disclose details of the operation of any person the commissioner suspects to
be interposed for another.
2. Removes requirement that any retail dealer agreement with a third-party
delivery company or platform includes a provision prohibiting revenue-
sharing.
3. Removes requirement that a third-party delivery company or platform
provides a copy of all retailer contracts to the commissioner within ten days
of execution.
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.