Louisiana 2023 2023 Regular Session

Louisiana House Bill HB524 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 127 (HB 524) 2023 Regular Session	LaCombe
Existing law provides relative to the Alcohol Beverage Control Law.
Existing law provides for definitions of alcoholic beverages for low and high alcoholic
content.
New law adds definitions for "distill, distilling, and distilled", "manufacturing distillery", or
"manufacturing distiller", and "self-distribution".
New law provides requirements for self-distribution.  Provides that manufacturing distillers
who produce less than 4,000 gallons of distilled alcoholic beverages annually may
self-distribute to retailers with certain Class A, Class B, and Class C permits.
New law provides that manufacturing distillers may self-distribute if the following conditions
are met:
(1)No more than 4,000 gallons of alcoholic beverages distilled at the manufacturing
distillery may be self-distributed to all retailers annually.  The product shall be
offered at a standard price to all retailers.
(2)The manufacturing distiller or manufacturing distillery does not have an existing
distribution agreement with a permitted wholesale dealer.
(3)The manufacturing distiller or manufacturing distillery owns or leases warehouse
space that shall be maintained in a separate area from the distillation equipment.
(4)The manufacturing distiller or manufacturing distillery owns or leases delivery
equipment dedicated for the primary use of distribution and delivery of only those
products distilled at the manufacturing distillery.
(5)The manufacturing distiller shall remit all state sales and excise taxes on all alcoholic
liquors distilled at its manufacturing distillery that are self-distributed.
(6)The manufacturing distiller or manufacturing distillery shall provide a monthly report
of all sales from the manufacturing distillery and all sales from self-distribution to
the office of alcohol and tobacco control.
Existing law (LAC Title 55, Part VII) provides for rules and regulations regarding alcohol
and tobacco control in the La. Administrative Code.
Existing law provides a fee schedule for those engaged in the business of dealing in alcoholic
beverages of high alcoholic content.
New law adds that manufacturing distillers engaged in self-distribution shall pay a $1,500
permit fee.
New law provides that a manufacturing distiller who operates a manufacturing distillery
entirely located in this state may host contracted private events held at a manufacturing
distillery if the following conditions are met:
(1)A copy of the lease is provided to the commissioner at least 10 days prior to the
event.
(2)The manufacturing distiller may charge a reasonable rental fee to the third party for
the contracted private event.
(3)The manufacturing distiller may serve to guests beer manufactured at that licensed
facility.  The manufacturing distiller shall not charge the third party more than its
standard prices for such products.
Effective August 1, 2023. (Amends R.S. 26:142; Adds R.S. 26:2(35), (36), and (37), 71(A)(1)(c), 82.1, and 90.1)