La. Admin. Code tit. 55 § VII-805

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

Section VII-805 - Restaurant Retail Alcohol Delivery Permit

A. Retailers holding a class AR retail liquor permit shall be allowed to apply for and obtain a class R retail alcohol delivery permit pursuant to this particular regulation (§805) and they shall adhere to the following requirements in addition to the general requirements otherwise enumerated in this Chapter.

B. The commissioner of Alcohol and Tobacco shall collect an initial and annual licensure fee for class R retail alcohol delivery permits in the amount of $250 and same shall expire and be renewable at the same time as the holders alcohol permit.

C. Only malt beverages, sparkling wine, and still wine, as defined in R.S. 26:2 and 241 may be offered for delivery. No alcohol beverages shall be offered for curbside pickup unless otherwise authorized under law, a separate rule, or guidance. All deliveries containing alcoholic beverages shall also include food. Alcohol and food purchased from a class AR retailer for delivery shall be included in its gross average monthly sales figures for purposes ensuring that an AR retailer meets its 50 percent food or food items requirement under R.S. 26:73(C)(1)(a). However, pursuant to R.S. 26:73(C)(2), sparkling or still wine delivered by the bottle in conjunction with food shall not be considered an alcoholic beverage when determining gross revenue for purposes of R.S. 26:73(C)(1)(a).

D. No alcohol shall be delivered more than 10 miles from the place of purchased for any parish having a population greater than 100,000 according to the latest federal decennial census. Additionally, no alcohol shall be delivered more than 25 miles from the place of purchase for any parish having a population of less than 100,000 according to the latest federal decennial census.

E. All alcohol delivery transactions initiated by a consumer shall be processed, assembled, packaged, and fulfilled at the retailers permitted physical premises wherein the order was received by the permittee or a W-2 employee of the permittee.

F. Deliveries to consumers shall be made by the permittee or agents for which the permittee is required to file an Internal Revenue Service Form W-2 or 1099.

G. At the time of delivery of alcoholic beverages, the permittee shall obtain the recipients signature and verify the age of the recipient through the use of an electronic age verification device or combination of devices that shall be approved by the commissioner of Alcohol and Tobacco Control. Such devices shall be capable of all of the following:

1. verifying proof of age through technology of a magnetic card reader or an alternative technology capable of verifying proof of age;

2. reading a valid state-issued drivers license, a valid state-issued identification card, a valid military identification card, or a valid passport;

3. storing the recipients name, age, date of birth, the expiration date of the identification, and the date and time that the identification was scanned.

H. Notwithstanding any law, rule, or regulation to the contrary, the permittee may use electronic means to market, receive, and process orders for alcohol products.

I. The permittee may market, receive, and process orders for alcohol products using electronic means owned, operated, and maintained by a third party, provided that:

1. the permittee maintains ultimate control and responsibility over the sales transaction, the transfer of the physical possession of the alcoholic beverages, and the collection and remittance of all applicable state and local taxes;

2. the permittee retains the sole discretion to determine whether to accept and complete an order or reject it and the permittee or agents for which the retailer is required to file an Internal Revenue Service Form W-2 or 1099, shall review and accept or reject each order;

3. the permittee retains the independence to determine which alcoholic beverages are made available through electronic means and which alcoholic beverages are made available for delivery to the consumer at the licensed physical premises itself or at another address designated by the consumer;

4. the permittee independently sets the price of alcoholic beverages being offered for delivery;

5. any credit or debit card information provided by a consumer to the third party for the purpose of transacting a purchase is automatically directed to the permittee such that the transaction takes place between the consumer and the permittee and the permittee appears as the retail dealer at the time of purchase and a receipt;

6. the permittee, or a W-2 employee of the permittee, processes at the physical premises that accepted the order, all payments initiated by a consumer and assembles, packages, and fulfills each order at the same physical premises;

7. deliveries to consumers shall be made by the permittee or agents for which the retailer is required to file an Internal Revenue Service Form W-2 or 1099.

8. the relationship between the permittee and the third party shall be one of independent contractors and neither party shall be deemed the employee, or joint venture of the other party under any circumstances or for any purposes;

9. the third party shall not deal, handle, sell, offer or sale, or possess for sale alcoholic beverages or process payments for the sale of alcoholic beverages.

La. Admin. Code tit. 55, § VII-805

Promulgated by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 4782 (1/1/2021).

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