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0 chapters · 259 sections in this title.
La. Rev. Stat. § 26:82.1 Self-distribution
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§82.1. Self-distribution A. Notwithstanding any provision of law to the contrary, a manufacturing distiller who operates a manufacturing distillery located entirely in the state of Louisiana that produces less than four thousand gallons of distilled alcoholic liquors annually at …
La. Rev. Stat. § 26:83 Interposed persons
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§83. Interposed persons No permit shall be issued to any person who is an interposed person for the owner or proprietor of a business. The commissioner may require a full disclosure, in writing and under oath, of the details of the operation of any person it suspects of being int…
La. Rev. Stat. § 26:84 Misstatement or suppression of fact in application
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§84. Misstatement or suppression of fact in application Any misstatement or suppression of fact in an application or accompanying affidavit is a ground for denial of permit. Acts 1987, No. 696, §1.
La. Rev. Stat. § 26:85 Combination of manufacturer, wholesale, and retail business prohibited; exceptions
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§85. Combination of manufacturer, wholesale, and retail business prohibited; exceptions Except as provided in Paragraphs (1) through (7) of this Section, no person shall, at the same time, engage in business as a manufacturer, manufacturing distiller, or wine producer and as a wh…
La. Rev. Stat. § 26:85.2 Museum permit; requirements; authorizations; circumstances
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§85.2. Museum permit; requirements; authorizations; circumstances A. Notwithstanding any other provision of law to the contrary, any person who holds a valid manufacturer's permit issued by the state of Louisiana and operates a museum facility within a historic preservation distr…
La. Rev. Stat. § 26:86 Authority of commissioner and local authorities to withhold permit
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§86. Authority of commissioner and local authorities to withhold permit The commissioner with respect to state permits and municipal authorities and parish governing authorities with respect to local permits may withhold the issuance of permits in the manner and under the terms a…
La. Rev. Stat. § 26:87 Procedure for determination to issue or withhold permit
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§87. Procedure for determination to issue or withhold permit A. The right to determine what persons shall or shall not be licensed under this Chapter shall be exercised in the following manner: (1) Municipal authorities and parish governing authorities shall, independently of the…
La. Rev. Stat. § 26:88 Renewal of permit
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§88. Renewal of permit A. Except as otherwise provided by law, persons holding permits under this Chapter, whether state or local, shall annually file application for renewal thereof for the ensuing year and pay the permit fees in accordance with this Chapter and the rules and re…
La. Rev. Stat. § 26:89 Form of application for renewal of permit
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§89. Form of application for renewal of permit The commissioner may, by regulation, prescribe the form of application to be used when the applicant is not seeking a new permit but only the renewal of a current permit held by him. Nothing in this regulation shall alter the qualifi…
La. Rev. Stat. § 26:90 Acts prohibited on licensed premises; suspension or revocation of permits
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§90. Acts prohibited on licensed premises; suspension or revocation of permits A. No person holding a retail dealer's permit, and no person permitted to sell alcoholic beverages at retail to consumers, and no agent, associate, employee, representative, or servant of any such pers…
La. Rev. Stat. § 26:90.1 Licensed manufacturing distillers; contracted private events
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§90.1. Licensed manufacturing distillers; contracted private events A. Notwithstanding any provision of law to the contrary, a manufacturing distillery as defined in R.S. 26:2 may lease its facility to a person not licensed pursuant to this Chapter for no more than twelve contrac…
La. Rev. Stat. § 26:901 Definitions
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§901. Definitions As used in this Chapter, the following terms have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise: (1) "Alternative nicotine product" means any non-combustible product containing nicotine that is intended for human co…
La. Rev. Stat. § 26:901.1 Facts and findings
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§901.1. Facts and findings A. The federal Further Consolidated Appropriations Act of 2020 (P.L. 116-94) raised the federal minimum age for sale of tobacco products from eighteen years old to twenty-one years old. The Section of that Act providing for this change became known as "…
La. Rev. Stat. § 26:902 Permits
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§902. Permits The commissioner shall issue as authorized by this Section the following types of permits and shall adopt rules and regulations that specify the identifying information that is required to appear on the face of each type of permit: (1) Retail Dealer Permit. A retail…
La. Rev. Stat. § 26:903 Permit fees
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§903. Permit fees The fees for each permit shall not exceed amounts provided for in the following schedule and in accordance with regulations promulgated pursuant to the provisions of the Administrative Procedure Act: (1) Retail dealer permit - $ 25.00 per year or any portion the…
La. Rev. Stat. § 26:904 Permit terms
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§904. Permit terms A. Except as otherwise provided in this Section, each permit shall be valid for the designated time period unless suspended or revoked. The commissioner may issue permits which are valid for two years to applicants in good standing with the office of alcohol an…
La. Rev. Stat. § 26:905 Renewal of a permit
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§905. Renewal of a permit A. Persons holding permits under this Chapter shall annually file application for renewal for the ensuing year and pay the permit fees in accordance with this Chapter. If the commissioner has authorized permits which are valid for two years as authorized…
La. Rev. Stat. § 26:906 General requirements
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§906. General requirements A. Every person who sells or is about to engage in the business of selling at retail, at wholesale, or by vending machine, or is about to engage in the business of receiving unstamped and/or non-tax paid tobacco products, vapor products, or alternative …
La. Rev. Stat. § 26:907.1 Commissioner's examination of records
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§907.1. Commissioner's examination of records The commissioner shall have the authority to examine invoices and sales and tax records of the holder of any permit issued under this Chapter. Such examination shall be conducted for the purpose of determining whether the permittee is…
La. Rev. Stat. § 26:908 Issuance of permit
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§908. Issuance of permit A. The commissioner may issue the permits immediately upon receipt of the application unless the application fails to comply with R.S. 26:906. For a period of thirty-five days after issuance, during which time the commissioner shall conduct a proper inves…
La. Rev. Stat. § 26:909 General requirements of eligibility
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§909. General requirements of eligibility A. The commissioner may suspend a permit previously issued or may refuse to grant a permit if, after a hearing and by a preponderance of the evidence, it is proven that the permittee, or an employee or agent thereof, or applicant either: …
La. Rev. Stat. § 26:909.1 Cash or short-term sales only; notification; penalty for violation
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§909.1. Cash or short-term sales only; notification; penalty for violation A. No manufacturer or wholesale dealer shall sell, offer to sell, or deliver any tobacco products to any retail dealer in this state, and no retail dealer in tobacco products shall buy or accept delivery f…
La. Rev. Stat. § 26:91 Additional causes for suspension or revocation of permits; fines
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§91. Additional causes for suspension or revocation of permits; fines A. In addition to any other causes enumerated in this Chapter, the commissioner may suspend or revoke any permit for any one of the following causes: (1) If the applicant or any of the persons who must possess …
La. Rev. Stat. § 26:910 Vending machines
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§910. Vending machines In order to prevent persons under twenty-one years of age from purchasing or receiving tobacco products, alternative nicotine products, or vapor products from vending machines, the sale or delivery of such products through a vending machine is prohibited un…
La. Rev. Stat. § 26:910.1 Self-service displays
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§910.1. Self-service displays A. In order to prevent persons under twenty-one years of age from purchasing or receiving tobacco products, alternative nicotine products, or vapor products from self-service displays, the sale or delivery of such products through a self-service disp…
La. Rev. Stat. § 26:911 Acts prohibited
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§911. Acts prohibited A. No person, agent, associate, employee, representative, or servant of any person shall permit any of the following acts to be done on or about any premises which sells or offers for sale tobacco products, alternative nicotine products, or vapor products: (…
La. Rev. Stat. § 26:912 Permits; necessity of display; penalties
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§912. Permits; necessity of display; penalties A. A permit issued under this Chapter is a personal privilege and cannot be transferred, assigned, or inherited. The permit must be returned to the office of alcohol and tobacco control or surrendered to an agent of the commissioner …
La. Rev. Stat. § 26:913 Violation
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§913. Violation No person shall perform any action for which a permit is required by this Chapter unless he holds the proper permit. Each day of business which is conducted without such a valid, unsuspended permit shall constitute a separate violation of this Chapter. Acts 1997, …
La. Rev. Stat. § 26:914 Exceptions
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§914. Exceptions Any person not otherwise a dealer coming into possession of any cigar, cigarette, or tobacco product as executor, administrator, trustee, or other fiduciary, as security for or in payment of a debt, or as an insurer, or its transferee or assignee for the salvage …
La. Rev. Stat. § 26:916 Suspensions or revocations
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§916. Suspensions or revocations A. The commissioner, the secretary, governing authorities of municipalities or parishes, sheriffs, law enforcement authorities, and citizens, in accordance with the procedure below, have the right to have a permittee cited by the commissioner to s…
La. Rev. Stat. § 26:917 Violations by employee; employer liability
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§917. Violations by employee; employer liability A. Sale of tobacco products, alternative nicotine products, or vapor products to a person under twenty-one years of age by a retail dealer's agent, associate, employee, representative, or servant shall be considered an act of the r…
La. Rev. Stat. § 26:918 Civil penalties
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§918. Civil penalties A. Notwithstanding any other provision of this Chapter to the contrary, the commissioner may, in lieu of or in addition to revocation or suspension of a permit issued under the authority of this Chapter, impose the following schedule of fines to be paid into…
La. Rev. Stat. § 26:919 Administrative hearings
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§919. Administrative hearings A. When the commissioner holds a hearing pursuant to this Chapter, he shall issue a written summons or notice to the applicant or permittee directing him to show cause why his application should not be refused or why he should not be assessed a penal…
La. Rev. Stat. § 26:919.1 Participation in hearing by video conference
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§919.1. Participation in hearing by video conference To the extent practicable, the commissioner may authorize the use of teleconference, video link, or other visual remote communications technology for the conducting of any hearing as authorized by this Chapter. Prior to utilizi…
La. Rev. Stat. § 26:92 Proper petitioners in action by commissioner to suspend or revoke permit
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§92. Proper petitioners in action by commissioner to suspend or revoke permit The commissioner, the secretary of the Department of Revenue, municipal authorities, governing authorities of parishes, sheriffs, law enforcing authorities, citizens, and any trade organization consisti…
La. Rev. Stat. § 26:920 Appeal
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§920. Appeal A. Decisions of the commissioner in withholding, suspending, or revoking permits are final and binding on all parties unless appealed in the manner provided by this Section and finally reversed by the courts. B. Any party aggrieved by a decision of the commissioner t…
La. Rev. Stat. § 26:921 Public records
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§921. Public records A. The commissioner shall maintain a list of all wholesale and retail dealers who hold a permit in this state. Nothing contained in this Chapter shall be construed to prevent the commissioner from disclosing to any person upon request the name and address of …
La. Rev. Stat. § 26:922 Powers of commissioner
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§922. Powers of commissioner The commissioner shall only make, alter, amend, and promulgate rules and regulations as authorized by this Chapter necessary to comply with the provisions of this Chapter. Acts 1997, No. 1370, §2, eff. Oct. 1, 1997.
La. Rev. Stat. § 26:923 Additional powers of the commissioner
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§923. Additional powers of the commissioner The commissioner may provide by regulation for the issuance of three-day permits to sell tobacco products at fairs, festivals, civic and fraternal and religious events, Mardi Gras events, and nonprofit functions. The permits shall be fo…
La. Rev. Stat. § 26:924 Issuance of minimum price of cigarettes
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§924. Issuance of minimum price of cigarettes A. The commissioner shall post on the website maintained by the office of alcohol and tobacco control the minimum wholesale and retail prices schedule of each cigarette brand within five business days of the effective date of the manu…
La. Rev. Stat. § 26:925 Additional requirements
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§925. Additional requirements To the extent that they do not conflict, the provisions of this Chapter that provide for the regulation of tobacco products shall also apply to vapor products and alternative nicotine products. Such provisions shall include but are not limited to pro…
La. Rev. Stat. § 26:926.1 Vapor product and alternative nicotine product directory
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§926.1. Vapor product and alternative nicotine product directory A. Every vapor product manufacturer whose products are sold in this state, whether directly or through a wholesale dealer, retail dealer, or similar intermediary or intermediaries, shall execute and deliver on a for…
La. Rev. Stat. § 26:93 Procedure for suspending or revoking permit
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§93. Procedure for suspending or revoking permit The procedure for the suspension or revocation of permits shall be substantially as follows: A. The commissioner shall have periodic examinations made of the business of all persons holding permits under this Chapter. If a violatio…
La. Rev. Stat. § 26:931 Short title
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§931. Short title This Chapter shall be known and may be cited as the "Louisiana Responsible Vendor Program". Acts 1997, No. 1054, §1.
La. Rev. Stat. § 26:932 Definitions
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§932. Definitions For purposes of this Chapter, the following terms have the respective meanings ascribed to them in this Chapter, unless a different meaning clearly appears from the context: (1) "Approved provider" means an individual, unincorporated association, partnership, or…
La. Rev. Stat. § 26:933 Establishment of responsible vendor program
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§933. Establishment of responsible vendor program A.(1) The program administrator shall be a committee of nine persons, one of whom shall be appointed by the commissioner or his designee. Of the other eight, each of the following groups or associations shall select one person, su…
La. Rev. Stat. § 26:934 Requirements for certification
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§934. Requirements for certification In order to qualify for and maintain certification as a responsible vendor, the vendor shall comply with all of the following: (1) Enrollment in the program and written verification to the commissioner that the vendor has read and understands …
La. Rev. Stat. § 26:935 Server liability; penalties, fines, suspension or revocation of server permit; vendor's defenses
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§935. Server liability; penalties, fines, suspension or revocation of server permit; vendor's defenses A. The commissioner may suspend or revoke a server's or security personnel's permit or impose a fine on the server or security personnel for noncompliance with this Chapter or f…
La. Rev. Stat. § 26:936 Fees
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§936. Fees A. The commissioner may promulgate rules and regulations regarding fees, which fees shall not exceed fifty dollars per licensed establishment, for the costs of developing and administering the program. In no event shall the fees exceed administrative costs of the progr…
La. Rev. Stat. § 26:937 Preexisting server training programs
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§937. Preexisting server training programs Any vendor or server subject to a local ordinance requiring participation by the vendor or its employees in a server or security personnel training or licensing program shall be exempt from local server or security personnel training and…
