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ACT No. 6922026 Regular Session
HOUSE BILL NO. 1053
BY REPRESENTATIVES VENTRELLA AND KNOX
1 AN ACT
2 To amend and reenact R.S. 26:2(7) and 241(24) and to enact R.S. 26:4 and 273.1, relative
3 to alcoholic beverages; to provide for definitions; to provide for complimentary
4 alcoholic beverage service; to provide for requirements and limitations; to provide
5 for exemptions; to provide for an effective date; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 26:2(7) and 241(24) are hereby amended and reenacted and R.S. 26:4
8 and 273.1 are hereby enacted to read as follows:
9 §2. Definitions
10 For purposes of this Chapter, the following terms have the respective
11 meanings ascribed to them in this Section, unless a different meaning clearly appears
12 from the context:
13 * * *
14 (7) "Dealer" means any person who, as a business, manufactures, blends,
15 rectifies, distills, processes, imports, stores, uses, handles, holds, sells, offers for sale,
16 solicits orders for the sale of, distributes, delivers, serves, or transports any alcoholic
17 beverage in the this state or engages herein in any business transaction relating to any
18 such alcoholic beverage. Notwithstanding the provisions of this Paragraph, for
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1 purposes of this Chapter, "dealer" shall not be construed to include a retailer of
2 goods or services whose business operations do not include the sale of alcoholic
3 beverages and that may offer or furnish an alcoholic beverage to one or more
4 customers solely on a complimentary basis, without direct or indirect consideration,
5 and only as incidental to its principal business. Such complimentary service does not
6 constitute engaging in the business of dealing in alcoholic beverages and does not
7 require a permit pursuant to this Chapter, provided that all alcoholic beverages are
8 purchased from a retailer licensed in this state.
9 * * *
10 §4. Complimentary alcoholic beverage service; requirements and limitations;
11 exemption from permit requirement
12 A. For the purposes of this Section, "complimentary service" means
13 providing an alcoholic beverage to a patron, customer, or guest at no charge. No fee
14 or consideration of any kind may be imposed as a condition of, or in exchange for,
15 access to or receipt of any alcoholic beverage. Any reimbursement or cost recovery
16 through any mechanism, including bundling with any good or service, or any charge
17 for entry, admission, cover, or service associated in any manner with access to such
18 beverages constitutes a sale for purposes of this Chapter.
19 B. Notwithstanding any other provision of law to the contrary, the permit
20 requirement of this Chapter does not apply to a business offering alcoholic beverages
21 on a complimentary basis in strict accordance with all of the following conditions:
22 (1) All costs associated with complimentary service shall be borne
23 exclusively by the business. All alcoholic beverages offered pursuant to this Section
24 shall be purchased from a retailer duly licensed in accordance with this Title. All
25 invoices, receipts, and records related to the purchases shall be maintained by the
26 business for a minimum of two years and may be subject to inspection upon request
27 by the commissioner.
28 (2) No manufacturer, wholesaler, or retailer licensed in accordance with this
29 Title shall directly or indirectly subsidize, donate, discount, or otherwise defray the
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1 cost of any alcoholic beverage offered as a complimentary service as described in
2 this Section.
3 (3) A business offering complimentary service remains subject to all
4 applicable state and local ordinances including excise, sales, and consumption taxes.
5 (4) A business offering alcoholic beverages on a complimentary basis shall
6 not do any of the following:
7 (a) Advertise, promote, or otherwise communicate the availability of
8 complimentary alcoholic beverages through any medium, including interior or
9 exterior signage, printed materials, electronic media, or social media.
10 (b) Operate a backbar, wet bar, bar counter, or any similar dedicated alcohol
11 service structure on its premises nor publicly display any alcoholic beverages.
12 (c) Provide more than two servings no greater than standard industry sizes
13 per person per day. All beverages shall be served by the business in single-use
14 disposable drinkware. The business shall not allow the patron to remove the
15 complimentary alcoholic beverage from the premises.
16 (d) Serve alcoholic beverages to any person under twenty-one years of age
17 or to any visibly intoxicated person. Violation subjects the business and any
18 responsible individual to the penalties provided in R.S. 14:93.10 et seq., and all other
19 applicable law.
20 C. The exemption provided by this Section does not apply to any business
21 that is otherwise required to hold a permit pursuant to this Chapter by reason of
22 engaging in the dealing, sale, or service of alcoholic beverages as a primary or
23 substantial component of its business operations.
24 D. The commissioner may adopt rules and regulations in accordance with
25 the Administrative Procedure Act to implement the provisions of this Section.
26 * * *
27 §241. Definitions
28 The following terms have the respective meanings ascribed to them except
29 in those instances where the context indicates a different meaning:
30 * * *
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1 (24) "Retail dealer" means every person who offers for sale, exposes for sale,
2 has in his possession for sale or distribution, or sells alcoholic beverages in any
3 quantity to persons other than licensed wholesale or retail dealers. Notwithstanding
4 the provisions of this Paragraph, for purposes of this Chapter, "retail dealer" shall not
5 be construed to include a retailer of goods or services whose business operations do
6 not include the sale of alcoholic beverages and that may offer or furnish an alcoholic
7 beverage to one or more customers solely on a complimentary basis, without direct
8 or indirect consideration, and only as incidental to its principal business. Such
9 complimentary service does not constitute engaging in the business of dealing in
10 alcoholic beverages and does not require a permit pursuant to this Chapter, provided
11 that all alcoholic beverages are purchased from a retailer licensed in this state.
12 * * *
13 §273.1. Complimentary alcoholic beverage service; requirements and limitations;
14 exemption from permit requirement
15 A. For the purposes of this Section, "complimentary service" means
16 providing an alcoholic beverage to a patron, customer, or guest at no charge. No fee
17 or consideration of any kind may be imposed as a condition of, or in exchange for,
18 access to or receipt of any alcoholic beverage. Any reimbursement or cost recovery
19 through any mechanism, including bundling with any good or service, or any charge
20 for entry, admission, cover, or service associated in any manner with access to such
21 beverages constitutes a sale for purposes of this Chapter.
22 B. Notwithstanding any other provision of law to the contrary, the permit
23 requirement of this Chapter does not apply to a business offering alcoholic beverages
24 on a complimentary basis in strict accordance with all of the following conditions:
25 (1) All costs associated with complimentary service shall be borne
26 exclusively by the business. All alcoholic beverages offered pursuant to this Section
27 shall be purchased from a retailer duly licensed in accordance with this Title. All
28 invoices, receipts, and records related to the purchases shall be maintained by the
29 business for a minimum of two years and may be subject to inspection upon request
30 by the commissioner.
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1 (2) No manufacturer, wholesaler, or retailer licensed in accordance with this
2 Title shall directly or indirectly subsidize, donate, discount, or otherwise defray the
3 cost of any alcoholic beverage offered as a complimentary service as described in
4 this Section.
5 (3) A business offering complimentary service remains subject to all
6 applicable state and local ordinances including excise, sales, and consumption taxes.
7 (4) A business offering alcoholic beverages on a complimentary basis shall
8 not do any of the following:
9 (a) Advertise, promote, or otherwise communicate the availability of
10 complimentary alcoholic beverages through any medium, including interior or
11 exterior signage, printed materials, electronic media, or social media.
12 (b) Operate a backbar, wet bar, bar counter, or any similar dedicated alcohol
13 service structure on its premises nor publicly display any alcoholic beverages.
14 (c) Provide more than two servings no greater than standard industry sizes
15 per person per day. All beverages shall be served by the business in single-use
16 disposable drinkware. The business shall not allow the patron to remove the
17 complimentary alcoholic beverage from the premises.
18 (d) Serve alcoholic beverages to any person under twenty-one years of age
19 or to any visibly intoxicated person. Violation subjects the business and any
20 responsible individual to the penalties provided in R.S. 14:93.10 et seq., and all other
21 applicable law.
22 C. The exemption provided by this Section does not apply to any business
23 that is otherwise required to hold a permit pursuant to this Chapter by reason of
24 engaging in the dealing, sale, or service of alcoholic beverages as a primary or
25 substantial component of its business operations.
26 D. The commissioner may adopt rules and regulations in accordance with
27 the Administrative Procedure Act to implement the provisions of this Section.
28 Section 2. This Act shall become effective upon signature by the governor or, if not
29 signed by the governor, upon expiration of the time for bills to become law without signature
30 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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