HLS 23RS-1786 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 647 (Substitute for House Bill No. 263 by Representative Bourriaque)
BY REPRESENTATIVES BOURRIAQUE, BACALA, DUBUISSON, FREEMAN,
LACOMBE, ROMERO, AND TURNER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALCOHOLIC BEVERAGES: Provides relative to manufacturing distillers of alcoholic
beverages
1 AN ACT
2To amend and reenact R.S. 26:85(introductory paragraph) and (6) and to enact R.S.
3 26:2(35), (36), and 85(7), relative to alcoholic beverages; to provide relative to the
4 definitions of distilling, manufacturing distiller, and manufacturing distillery; to
5 authorize manufacturing distillers to sell or serve to the public from any facility; to
6 provide for applicability to manufacturing distillers; and to provide for related
7 matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 26:85(introductory paragraph) and (6) are hereby amended and
10reenacted and R.S. 26:2(35), (36), and 85(7) are hereby enacted to read as follows:
11 §2. Definitions
12 For purposes of this Chapter, the following terms have the respective
13 meanings ascribed to them in this Section, unless a different meaning clearly appears
14 from the context:
15 * * *
16 (35) "Distill, distilling, and distilled" means the process of producing liquor
17 by distillation through one or more stills located at a licensed premises as part of a
18 distiller's process of engaging in the material and essential aspects of manufacturing
19 such distilled spirits for human consumption.
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HB NO. 647
1 (36) "Manufacturing distillery" or "manufacturing distiller" means any
2 person who personally or through any agent engages in the distilling of any alcoholic
3 beverage in Louisiana, engages in the distilling of any alcoholic beverage outside
4 Louisiana for sale in this state, or engages in the business of supplying distilled
5 alcoholic beverages to licensed wholesale dealers in Louisiana.
6 * * *
7 §85. Combination of manufacturer, wholesale, and retail business prohibited;
8 exceptions
9 Except as provided in Paragraphs (1) through (6) (7) of this Section, no
10 person shall, at the same time, engage in business as a manufacturer, manufacturing
11 distiller, or wine producer and as a wholesaler, as a wholesaler and as a
12 manufacturer, manufacturing distiller, or wine producer, as a manufacturer,
13 manufacturing distiller, or wine producer and as a retailer, as a retailer and as a
14 manufacturer, manufacturing distiller, or wine producer, as a wholesaler and as a
15 retailer, or as a retailer and as a wholesaler of any regulated beverage. However:
16 * * *
17 (6) Provided that manufacturing distillers comply with the provisions of R.S.
18 26:90, manufacturing distillers who own and operate one or more manufacturing
19 distilleries may sell or serve their finished products at retail directly to consumers at
20 farmers' markets and similar venues defined by the commissioner pursuant to rules
21 and regulations promulgated in accordance with the Administrative Procedure Act.
22 (6)(7) Notwithstanding any other provision of law to the contrary, wine
23 producers who operate one or more wineries may sell and ship directly to a consumer
24 in Louisiana provided that the total amount of sparkling wine or still wine shipped
25 to any single household address does not exceed twelve cases of wine per adult
26 person per household address per calendar year. The packing in which the sparkling
27 wine or still wine is shipped shall be received by a person twenty-one years of age
28 or older. A person receiving a package of sparkling wine or still wine shall present
29 proof of age as provided in R.S. 26:90 at the time of delivery.
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HB NO. 647
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 647 Reengrossed 2023 Regular Session Bourriaque
Abstract: Adds definitions for distilling, manufacturing distiller, and manufacturing
distillery and authorizes manufacturing distillers to perform certain acts in the same
manner as wine producers.
Present law provides relative to the Alcoholic Beverage Control Law.
Present law provides for definitions of alcoholic beverages for low and high alcoholic
content.
Proposed law retains present law and adds definitions for "distill, distilling, and distilled"
and "manufacturing distillery" or "manufacturing distiller".
Present law authorizes wine producers who are not performing any of the prohibited acts or
whose license has not been suspended or revoked as provided in R.S. 26:90, who own and
operate one or more wineries to sell or serve their finished products at retail to consumers
at fairs, festivals, farmers' markets, and similar venues.
Proposed law retains present law and authorizes manufacturing distillers in compliance with
R.S. 26:90 to sell or serve their products in the same manner as wine producers.
(Amends R.S. 26:85(intro. para.) and (6); Adds R.S. 26:2(35), (36), and 85(7))
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