There is a newer version
of
this Title
2019 Louisiana Laws
Revised Statutes
Title 26 - Liquors-Alcoholic Beverages
CHAPTER 1. ALCOHOLIC BEVERAGE CONTROL LAW
PART I. GENERAL PROVISIONS
PART II. PERMITS
- §71. Permits required; fees; exception
- §71.1. Class A permit; definitions
- §71.2. Class C Permit; definitions
- §71.3. Microdistillery; retail sales for consumption on or off premises
- §72. Permit for wine and malt beverages
- §73. Restaurant "R" permit; application; fees
- §73.1. Limitations on issuance of permits
- §74. Local license and permit fees
- §75. Operation without permit prohibited
- §76. Personal nature of permits; return of permits; necessity of display; penalties
- §77. Notice of application for retail dealer's permit
- §78. Content of application for permit; commissioner power as ex officio notary
- §79. Submission of applications; delay
- §80. Qualifications of applicants for permits
- §81. Location of business limited
- §82. Issuance of wholesale permit
- §83. Interposed persons
- §84. Misstatement or suppression of fact in application
- §85. Combination of manufacturer, wholesale, and retail business prohibited; exceptions
- §85.1. Repealed by Acts 2015, No. 62, §2.
- §85.2. Museum permit; requirements; authorizations; circumstances
- §86. Authority of commissioner and local authorities to withhold permit
- §87. Procedure for determination to issue or withhold permit
- §88. Renewal of permit
- §89. Form of application for renewal of permit
- §90. Acts prohibited on licensed premises; suspension or revocation of permits
- §91. Additional causes for suspension or revocation of permits; fines
- §92. Proper petitioners in action by commissioner to suspend or revoke permit
- §93. Procedure for suspending or revoking permit
- §94. Cause necessary to withholding, suspending, or revoking of permit
- §95. Convictions by court not essential to withholding, suspending, or revoking permits
- §96. Revocation and suspensions not exclusive penalty
- §97. Status of premises after revocation of permit
- §98. Notice of hearing by commissioner
- §99. Place of hearing
- §99.1. Participation in hearing by video conference
- §100. By whom conducted; record; briefs
- §101. Contempt at hearings; penalty
- §102. Procedure when permittee or applicant fails to appear at hearing; continuances
- §103. Basis for determination by commissioner to suspend or to revoke permit
- §104. Costs of hearings
- §105. Decisions to withhold, suspend, or revoke permits final unless appealed and reversed
- §106. Appeals to courts
- §107. Summary proceedings on appeal
- §108. Interference by courts prohibited
PART III. REGULATORY PROVISIONS
- §141. Export of beverages controlled by commissioner
- §142. Distribution through wholesalers only
- §143. Invoices and records of dealers
- §144. False invoice or bill of sale prohibited
- §145. Refusal to allow inspection
- §146. Regulation of traffic in wines
- §147. Sale or keeping for sale in dry area; penalty
- §148. Cash or short-term credit sales only; timely payment; penalty for violation
- §149. Refilling used containers prohibited; exception
- §150. Unfair practices
- §151. Permits necessary prior to purchase of alcoholic beverages
- §152. Forms for default notices and delinquent lists; rules for filing and publication
- §153. Delivery of alcoholic beverages; certain retailers; third parties; requirements; limitations
PART IV. PENAL PROVISIONS
CHAPTER 2. ALCOHOL BEVERAGE CONTROL AND TAXATION
PART I. DEFINITIONS
PART II. PERMITS FOR DEALERS IN BEVERAGES OF LOW ALCOHOLIC CONTENT
- §271. Permits required; fees
- §271.1. Microbrewery; retail sales on or off premises
- §271.2. Class A permit; definitions
- §271.3. Class C Permit; definitions
- §271.4. Package House-Class B Permit
- §272. Restaurant "R" permit; application; fees
- §273. Limitations on the issuance of state permits; exceptions
- §274. Local permits
- §275. Operation without permit prohibited
- §276. Personal nature of permits; return of permits; necessity of display; penalties
- §277. Notice of application for retail dealer's permit
- §278. Contents of application for permit; commissioner power as ex officio notary
- §279. Submission of applications; delay
- §280. Qualifications of applicants for permits
- §281. Location of business limited; exception
- §282. Misstatement or suppression of fact in application
- §283. Authority of commissioner and local authorities to withhold permits
- §284. Procedure for determination to issue or withhold permit
- §285. Renewal of permit
- §286. Acts prohibited on licensed premises; suspension or revocation of permits
- §287. Additional causes for suspension or revocation of permits
- §288. Withholding or denying of permits; causes
- §289. Proper petitioners in action to suspend or revoke permit
- §290. Procedure for suspending or revoking permit
- §291. Cause necessary to withholding, suspending, or revoking of permit
- §292. Revocations and suspensions not exclusive penalty
- §293. Status of premises after revocation of permit
- §294. Enforcement of permit requirements
- §295. Notice of hearing by commissioner
- §296. Place of hearing
- §296.1. Participation in hearing by video conference
- §297. By whom conducted; record; briefs
- §298. Contempt at hearings; penalty
- §299. Procedure when permittee or applicant fails to appear at hearing
- §300. Basis for determination by commissioner to suspend or to revoke permit
- §301. Costs of hearings
- §302. Decisions to withhold, suspend, or revoke permits final unless appealed and reversed
- §303. Appeals to courts
- §304. Summary proceedings on appeal
- §305. Interference by courts prohibited
- §306. Sale of malt beverages in keg; tracking; forms
- §307. Delivery of alcoholic beverages; certain retailers, third parties; requirements; limitations
- §308. Alcoholic beverages delivery agreements; requirements; limitations
PART II-A. NATIVE WINES
- §321. Repealed by Acts 2006, No. 808, §2, eff. June 30, 2006.
- §322. Repealed by Acts 2006, No. 808, §2, eff. June 30, 2006.
- §323. Repealed by Acts 2006, No. 808, §2, eff. June 30, 2006.
- §324. Repealed by Acts 2006, No. 808, §2, eff. June 30, 2006.
- §325. Repealed by Acts 2006, No. 808, §2, eff. June 30, 2006.
- §326. Repealed by Acts 2006, No. 808, §2, eff. June 30, 2006.
- §327. Repealed by Acts 2006, No. 808, §2, eff. June 30, 2006.
PART III. GALLONAGE TAX
- §341. Tax on beverages of high and low alcoholic content; importers of wine
- §342. Tax on beverages of low alcoholic content
- §343. Taxes on beverages of high alcoholic content in lieu of other state excise taxes
- §344. Taxes collected from dealer
- §345. Discount on taxes on beverages of low alcoholic content
- §346. Wholesale dealers to file returns and pay tax monthly on beverages of low alcoholic content
- §347. Refunds
- §348. Manufacturers or wholesalers to furnish a bond; failure
- §349. Handling beverages of low alcoholic content without furnishing bond; penalty
- §350. Maximum stock of beverages of high alcoholic content in dealer's bonded stockroom
- §351. Limitation on size of containers of beverages of high alcoholic content; standards of fill
- §352. Donated beverages of high alcoholic content taxable
- §353. Presumption of taxability of beverages of low alcoholic content
- §354. Payment and reporting of taxes; discounts; rules and regulations; enforcement; forfeitures and penalties; redemption of tax stamps
- §355. Invoices and records of dealers in beverages of high alcoholic content
- §356. False invoices of beverages of high alcoholic content
- §357. Examination of dealers' records; computation and collection of unpaid taxes
- §358. Civil penalty on dealers in beverages of low alcoholic content for failure to file return and pay tax
- §359. Distribution of alcoholic beverages through wholesalers only
- §360. Report of importers of alcoholic beverages
- §361. Transportation within state of non tax-paid* alcoholic beverages by means other than common carrier prohibited
- §362. Importation of non-tax-paid alcoholic beverages to be by common carrier and private carrier under a permit
- §363. Forfeiture and sale of vehicle improperly hauling non-tax-paid alcoholic beverages
- §364. Receipt of alcoholic beverages to avoid tax prohibited; out-of-state manufacturers and wholesalers to obtain written authority to make shipment and furnish notice of shipment; enforcement
- §365. Consignee to have permit from secretary to receive imported alcoholic beverages
- §366. Exported beverages not subject to tax
- §367. Handling of exported beverages of high alcoholic content regulated by secretary
- §368. Highway transporter required to have invoice
- §369. Carriers to file report showing alcoholic beverages handled
- §370. Examination of records
- §371. Searches and seizures
- §372. Seizure and forfeiture of beverages of high or low alcoholic content
- §373. Claims to property seized by secretary
- §374. Waiver of forfeiture of beverages of high alcoholic content
- §375. Interference with inspection by the secretary prohibited
PART IV. EXEMPTIONS
- §421. Exempt products
- §422. Exemption in favor of United States
- §423. Tax-free withdrawal of alcohol from industrial alcohol plants or bonded warehouse
PART V. ADMINISTRATION
- §451. Secretary to collect taxes
- §452. Bond of secretary as to beverages of low alcoholic content
- §453. Rules and regulations of the secretary
- §454. Private counsel
- §455. Collection of delinquency penalties
- §456. Concealing violations or hindering enforcement of Chapter
- §457. Special agents of secretary and commissioner
- §458. Compromises by secretary
- §459. Disposition of proceeds of taxes
PART VI. LOCAL TAXATION AND REGULATION
- §491. Local taxes authorized on beverages are exclusive
- §492. Local gallonage tax on beverages of low alcoholic content
- §493. Local regulatory ordinances
- §493.1. Local regulatory ordinances; bar closing in certain municipalities
- §494. Sale of beverages of high alcoholic content in violation of local ordinance
- §495. Copies of pertinent local ordinances to be furnished commissioner
PART VII. PENAL PROVISIONS
CHAPTER 3. LOCAL OPTION
- §581. LOCAL OPTION
- §582. Petition for election; separate elections; frequency limited
- §583. Effect of merger
- §584. Form of petition for election
- §585. Filing of petition with registrar of voters; notice of filing
- §586. Verification of petition by registrar; filing with governing authority
- §587. Ordering of election; verification of registrar of voters; date of election
- §588. Ballot; majority determination of issues; separation of results
- §589. Conduct of election
- §590. Action contesting calling of election; action contesting election; time for commencement; applicable provisions
- §591. Recount of ballots or contest of elections
- §592. Repealed by Acts 2018, No. 334, §2, eff. May 15, 2018.
- §593. Repealed by Acts 2018, No. 334, §2, eff. May 15, 2018.
- §594. Promulgation of election results; proces verbal
- §595. Local prohibitory ordinances and penalties authorized
- §596. Illegal transportation or delivery in prohibition area
- §597. Alcoholic beverage sales in restaurants; authorization for propositions to be submitted to voters in certain elections
- §598. Alcoholic beverage sales in restaurants; authorization for propositions to be submitted to voters in certain elections
- §599. Alcoholic beverage sales in restaurants; authorization for certain municipalities to submit propositions to voters in certain elections
- §600. Alcoholic beverage sales in restaurants; authorization for propositions to be submitted to voters in certain elections
CHAPTER 4. MISCELLANEOUS PENAL PROVISIONS
PART I. DEFINITIONS
PART II. POISONOUS BEVERAGES
- §651. Manufacture or preparation of poisonous beverages; penalty
- §652. Sale of poisonous beverages; penalty
- §653. Analysis of beverages in possession of arrested person
PART III. DISPENSING ALCOHOLIC BEVERAGES TO PARTICULAR PERSONS
PART IV. OFFENSES IN PROHIBITION TERRITORY
- §711. Blind tiger" defined
- §712. Penalty for keeping blind tiger; destruction or sale of beverages
- §713. Searches and seizures
- §714. Soliciting sale of alcoholic beverages in prohibition area; penalty
- §715. Prescribing beverages of high alcoholic content as medicine to evade prohibition law; penalty
PART V. CASH SALES OF CERTAIN BEVERAGES
CHAPTER 5. COMMISSIONER OF ALCOHOL AND TOBACCO CONTROL
- §791. Commissioner of alcohol and tobacco control; establishment, commissioner, term
- §792. Powers and duties
- §793. Additional powers of the commissioner
- §794. Powers and duties; application and renewal procedures
- §795. Collection of fees and penalties; lists of permittees and establishments; definitions
- §796. Employees, commissioned officers
- §797. All legal remedies available for enforcement of law; bond unnecessary for commissioner; summary trial
- §798. Licenses; exception
- §799. Microfilm or microfiche records; electronic digitized records
- §800. Criminal records access
CHAPTER 6. BUSINESS RELATIONS - WHOLESALERS AND SUPPLIERS OF BEER
- §801. BUSINESS RELATIONS - WHOLESALERS
- §802. Definitions
- §803. Prohibited acts by supplier
- §804. Prohibited acts by wholesaler
- §805. Conditions of amendment, modification, resignation, cancellation, termination, failure to renew, or refusal to continue agreement
- §806. Transfer of wholesaler's business; interference prohibited
- §807. Reasonable compensation upon supplier's violation; arbitration
- §808. Wholesaler may not waive rights; agreement to waive void
- §809. Application to future agreements; transferee continues under agreement
- §810. Civil action for violations; damages; venue
- §811. Nonwaiver
- §812. Cumulative
- §813. Obligations of Successor
CHAPTER 7. TOBACCO PRODUCTS
- §901. Definitions
- §902. Permits
- §903. Permit fees
- §904. Permit terms
- §905. Renewal of a permit
- §906. General requirements
- §907. Repealed by Acts 2012, No. 143, §2.
- §907.1. Commissioner's examination of records
- §908. Issuance of permit
- §909. General requirements of eligibility
- §909.1. Cash or short-term sales only; notification; penalty for violation
- §910. Vending machines
- §910.1. Self-service displays
- §911. Acts prohibited
- §912. Permits; necessity of display; penalties
- §913. Violation
- §914. Exceptions
- §915. Repealed by Acts 2012, No. 143, §2.
- §916. Suspensions or revocations
- §917. Violations by employee; employer liability
- §918. Civil penalties
- §919. Administrative hearings
- §919.1. Participation in hearing by video conference
- §920. Appeal
- §921. Public records
- §922. Powers of commissioner
- §923. Additional powers of the commissioner
- §924. Issuance of minimum price of cigarettes
- §925. Additional Requirements
CHAPTER 8. RESPONSIBLE VENDOR PROGRAM
- §931. RESPONSIBLE VENDOR PROGRAM
- §932. Definitions
- §933. Establishment of responsible vendor program
- §934. Requirements for certification
- §935. Server liability; penalties, fines, suspension or revocation of server permit; vendor's defenses
- §936. Fees
- §937. Preexisting server training programs
- §938. Reports to the commissioner
- §939. Applicability
Disclaimer: These codes may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
