La. Admin. Code tit. 55 § VII-801

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-801 - General Direct Delivery Requirements

A. Prior to any alcohol retailer or third party alcohol delivery service engaging in the delivery of alcoholic beverages, same shall obtain an alcoholic beverage delivery permit from the commissioner of the Office of Alcohol and Tobacco Control and shall adhere to the following requirements.

1. Only alcoholic beverages intended for personal consumption and delivered in a manufacturer sealed container may be offered for delivery. Manufacturer sealed container as used in this chapter shall mean the original sealed container that is filled with the alcoholic beverage at the permitted facility by the manufacturer as defined in R.S. 26:2(12) and 241(10). The delivery of an open alcoholic beverage container as defined by R.S. 32:300 is prohibited;

2. Delivery shall be permitted only in those areas where the sale of alcoholic beverages is permitted. Delivery shall be prohibited in any area where it has been prohibited by a referendum vote or the local governing authority.

3. Delivery by a retailer shall not extend past the boundaries of the parish where the retailers permitted establishment is located and shall be made only to a residential or commercial address. Third party delivery radius shall be determined by the parish population. For any parish having a population of less than 100,000 according to the latest federal decennial census, no alcoholic beverages shall be delivered more than 25 miles from the place of purchase. For any parish having a population of greater than 100,000 according to the latest federal decennial census, no alcoholic beverages shall be delivered more than 10 miles from the place of purchase.

4. Orders for alcohol delivery of any type may only be accepted and processed if the permitted premises receiving the order has actual physical possession of the alcoholic beverage being ordered on the physical premises at the time the order is accepted and can fulfilled the order from stock on-hand.

5. The alcoholic beverages of all deliveries which are refused by a third party or incapable of being delivered for any reason shall be returned to the place of purchase.

6. Alcohol beverage delivery permit holders must verify that a consumer placing an order for alcohol delivery is of legal drinking age.

7. Alcoholic beverages shall not be delivered:

a. to an address on the campus of any elementary school, secondary school, university, college, technical college, or institute;

b. to any public playground or building used primarily as a church, synagogue, mosque, or public library;

c. outside of the hour that the retailers physical premises are open to the public;

d. without verifying that the recipient is not visibly intoxicated;

e. without obtaining the signature of the recipient verifying that the receipt of the delivery of alcohol and their age.

8. Alcoholic beverage delivery permit holders shall keep and retain a record of all deliveries of alcoholic beverages for a period of three years from the date of delivery and shall make such records available to the commissioner of Alcohol and Tobacco Control, and her agents and assigns, upon request. The record of each delivery shall include:

a. the retail dealers name, address, and permit number;

b. the name of the person who placed the order and the date, time, and method of order;

c. the name of the employee or delivery agent making the delivery and the date, time, and address of the delivery;

d. the type, brand, and quantity of each alcoholic beverage delivered; and

e. the name, date of birth, and signature of the person that received the delivery.

9. Parishes and municipalities may require and issue local direct delivery of alcohol permits similar to those issued by the Commissioner of Alcohol and Tobacco Control.

10. All persons delivering alcoholic beverages under an alcoholic beverage permit shall be 21 years of age or older, be the permittee or their employee or agents for which the permittee is required to file an Internal Revenue Service Form W-2 or 1099.

11. Persons delivering alcoholic beverages under an alcoholic beverage delivery permit shall refuse delivery and return the alcoholic beverages to the place of purchase if:

a. the recipient does not produce a valid and current form of identification as identified in Paragraph G. 5 of this Section;

b. there is reason to doubt the authenticity or correctness of the recipients identification;

c. the recipient refuses to sign for the receipt of the delivery; or

d. the recipient is intoxicated.

12. If an alcohol retailers alcohol permit is revoked, suspended, or lapsed, then that retailers alcoholic beverage delivery permit shall also be considered to be revoked, suspended, or lapsed and delivery of alcohol beverages shall immediately cease for that particular retailer until permit is deemed valid and current.

13. Third party delivery company or the third party platform shall maintain a commercial general liability insurance policy with a liquor liability endorsement with a minimum coverage amount of $1,000,000 for the duration of the alcoholic beverage delivery permit and they shall provide proof of coverage to the retail dealer and commissioner of Alcohol and Tobacco Control upon request.

14. The permittee shall require all delivery drivers to maintain vehicle general liability insurance on any and all vehicles permittee or its agent may use for deliveries as required by state law for the duration of the alcoholic beverage delivery permit and they shall provide proof of coverage to the commissioner of the Office of Alcohol and Tobacco Control upon request.

15. Class B or class AR retailers who engage the services of third party alcohol delivery service to deliver alcohol for them, must notify the commissioner of the Office of Alcohol and Tobacco Control in writing within 10 days of executing or terminating an agreement with a third party alcohol delivery service to deliver alcohol by providing a copy of the agreement and/or termination notice directly to the agency.

La. Admin. Code tit. 55, § VII-801

Promulgated by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 4780 (1/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 26:307(E).