Louisiana 2022 2022 Regular Session

Louisiana Senate Bill SB450 Engrossed / Bill

                    SLS 22RS-1354	REENGROSSED
2022 Regular Session
SENATE BILL NO. 450
BY SENATOR STINE 
ALCOHOLIC BEVERAGES.  Provides relative to microbreweries. (8/1/22)
1	AN ACT
2 To amend and reenact R.S. 26:271.1(A), relative to microbreweries; to provide for retail
3 sales on or off premises; to provide for transfers; to provide for conditions; and to
4 provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 26:271.1(A) is hereby amended and reenacted to read as follows:
7 ยง271.1.  Microbrewery; retail sales on or off premises
8	A.(1) Any person who has properly obtained a microbrewer's permit as
9 provided for in R.S. 26:271, shall be authorized to engage in the brewing of beer and
10 other malt beverages in a quantity not to exceed twelve thousand five hundred
11 barrels during the licensed year. The holder of such permit shall also be authorized
12 to sell the manufactured beverages at retail for consumption on or off the licensed
13 premises, if the holder also has been issued a Retailer, Class A permit.
14	(2) A licensed wholesaler may transfer from a permitted microbrewery
15 to another permitted microbrewery up to fifty percent of the total
16 manufactured beverages sold at the receiving microbrewery provided all of the
17 following conditions are met:
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. 450
SLS 22RS-1354	REENGROSSED
1	(a) The microbrewery receiving the transferred manufactured beverages
2 shall be wholly owned by the permitted microbrewery that brews the
3 manufactured beverages authorized for transfer.
4	(b) The receiving microbrewery shall have, at a minimum, a ten barrel
5 brewing system.
6	(c) The microbrewery transferring the manufactured beverages shall be
7 responsible for paying all applicable federal, state, and local excise taxes on the
8 transferred manufactured beverages.
9	(d) Only one permitted microbrewery within the same municipality shall
10 be allowed to receive the transfer of manufactured beverages pursuant to this
11 Section.
12	(3) A licensed wholesaler transferring the manufactured beverages
13 pursuant to this Section shall be exempt from the provisions of R.S. 26:359(A).
14	*          *          *
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Thomas L. Tyler.
DIGEST
SB 450 Reengrossed 2022 Regular Session	Stine
Present law authorizes any person who has properly obtained a microbrewer's permit as
provided for in present law, to engage in the brewing of beer and other malt beverages in a
quantity not to exceed 12,500 barrels during the licensed year.
Present law authorizes the holder of the microbrewer's permit to sell the manufactured
beverages at retail for consumption on or off the licensed premises, if the holder also has
been issued a Retailer, Class A permit.
Proposed law retains present law.
Proposed law authorizes a licensed wholesaler to transfer from a permitted microbrewery
to another permitted microbrewery up to 50% of the total manufactured beverages sold at
the receiving microbrewery provided all of the following conditions are met:
(1)The microbrewery receiving the transferred manufactured beverages be wholly
owned by the permitted microbrewery that brews the manufactured beverages
authorized for transfer.
(2)The receiving microbrewery have, at a minimum, a 10-barrel brewing system.
(3)The microbrewery transferring the manufactured beverages shall be responsible for
paying all applicable federal, state, and local excise taxes on the transferred
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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. 450
SLS 22RS-1354	REENGROSSED
manufactured beverages.
(4)Only one permitted microbrewery within the same municipality be allowed to
receive the transfer of manufactured beverages.
Proposed law exempts the licensed wholesaler transferring the manufactured beverages from
present law.
Effective August 1, 2022.
(Amends R.S. 26:271.1(A))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Adds provision regarding transferring beverages and responsibility to pay all
applicable federal, state, and local excise taxes on the transferred beverages.
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.