Title 26, Liquors-Alcoholic Beverages
0 chapters · 272 sections in this title.
La. Rev. Stat. § 26:1 Title
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§1. Title This Chapter may be cited as "The Alcoholic Beverage Control Law." Amended by Acts 1956, No. 36, §1; Acts 1987, No. 696, §1.
La. Rev. Stat. § 26:100 By whom conducted; record; briefs
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§100. By whom conducted; record; briefs Hearings may be held by the commissioner or by any person designated and authorized by the commissioner. If the hearing is to be held by a person designated by the commissioner, that person shall take an oath for the faithful performance of…
La. Rev. Stat. § 26:101 Contempt at hearings; penalty
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§101. Contempt at hearings; penalty If a person fails to comply with a subpoena issued by the commissioner or by any duly authorized person holding the hearing or if a witness refuses to testify in any matter regarding which he may be lawfully interrogated, the person conducting …
La. Rev. Stat. § 26:102 Procedure when permittee or applicant fails to appear at hearing; continuances
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§102. Procedure when permittee or applicant fails to appear at hearing; continuances If a permittee or applicant who has been notified of a hearing does not appear, the hearing may proceed without him and the commissioner may consider and dispose of the case, but in all cases the…
La. Rev. Stat. § 26:103 Basis for determination by commissioner to suspend or to revoke permit
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§103. Basis for determination by commissioner to suspend or to revoke permit In determining cases involving the suspension or revocation of permits, if the commissioner finds that the violation is of a minor nature, or that there are extenuating circumstances, or that there are r…
La. Rev. Stat. § 26:104 Costs of hearings
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§104. Costs of hearings In hearings of the commissioner which finally result in withholding the issuance of a permit or in suspending or revoking a permit, the commissioner shall assess the costs of the hearing to the applicant or permittee. The costs are recoverable by the commi…
La. Rev. Stat. § 26:105 Decisions to withhold, suspend, or revoke permits final unless appealed and reversed
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§105. Decisions to withhold, suspend, or revoke permits final unless appealed and reversed Decisions of the commissioner in withholding, suspending, or revoking permits and of local authorities in withholding permits are final and binding on all parties unless appealed in the man…
La. Rev. Stat. § 26:106 Appeals to courts
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§106. Appeals to courts A. Any party aggrieved by a decision of the commissioner to withhold, suspend, or revoke a permit or of the local authorities to withhold a permit may, within ten days of the notification of the decision, take a devolutive appeal to the district court havi…
La. Rev. Stat. § 26:107 Summary proceedings on appeal
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§107. Summary proceedings on appeal All proceedings in the district and appellate courts arising under this Part are civil in nature and shall be heard summarily by the court, without a jury, shall take precedence over other civil cases, and shall be tried in chambers or in open …
La. Rev. Stat. § 26:108 Interference by courts prohibited
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§108. Interference by courts prohibited The courts of this state shall have jurisdiction to issue restraining orders and writs of injunction restraining the commissioner as provided in the constitution, but no writ or order shall issue before a decision has been made by the commi…
La. Rev. Stat. § 26:141 Export of beverages controlled by commissioner
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§141. Export of beverages controlled by commissioner The commissioner may promulgate rules regulating the sale, handling, distribution, storage, and transportation of alcoholic beverages for delivery beyond the borders of the state. The failure to comply with any such rule shall,…
La. Rev. Stat. § 26:142 Distribution through wholesalers only
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§142. Distribution through wholesalers only Except as provided for in R.S. 26:71.3, 71.4, 82.1, 85, 271.1, and 359, no alcoholic beverage produced or manufactured inside or outside of this state shall be sold or offered for sale in Louisiana or shipped or transported into or with…
La. Rev. Stat. § 26:143 Invoices and records of dealers
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§143. Invoices and records of dealers A. Every manufacturer and every wholesaler of alcoholic beverages shall, at the time of shipping or delivering, make a true duplicate invoice of each shipment showing full and complete details of each sale or delivery of the beverages. This i…
La. Rev. Stat. § 26:144 False invoice or bill of sale prohibited
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§144. False invoice or bill of sale prohibited No person shall use, exhibit, or present to the commissioner, or his agents or employees, any invoice or bill of sale that bears an untrue date or falsely states the nature or quantity of the goods therein listed. Acts 1987, No. 696,…
La. Rev. Stat. § 26:145 Refusal to allow inspection
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§145. Refusal to allow inspection No person shall refuse to allow the commissioner, or his agents or employees, to make an inspection of any place or business where alcoholic beverages are stored, sold, or handled, or otherwise hinder or prevent the inspection. Acts 1987, No. 696…
La. Rev. Stat. § 26:146 Regulation of traffic in wines
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§146. Regulation of traffic in wines In order to regulate the traffic in sparkling and still wines, the commissioner shall make and publish reasonable rules and regulations governing the manufacture, labeling, stocking, pricing, and advertising of all such wines. The rules so mad…
La. Rev. Stat. § 26:147 Sale or keeping for sale in dry area; penalty
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§147. Sale or keeping for sale in dry area; penalty A. No person shall sell or keep for sale any alcoholic beverages for beverage and business purposes in any subdivision of the state where the sale of alcoholic beverages is prohibited by law or ordinance. B. Whoever violates thi…
La. Rev. Stat. § 26:148 Form of payment; timely payment; penalty for violation
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§148. Form of payment; timely payment; penalty for violation A. No manufacturer or wholesale dealer shall sell, offer to sell, or deliver any alcoholic beverage to any retail dealer in this state, and no retail dealer in alcoholic beverages shall buy or accept delivery for any su…
La. Rev. Stat. § 26:149 Refilling used containers prohibited; exception
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§149. Refilling used containers prohibited; exception No person shall refill an original container of alcoholic beverages with an alcoholic beverage or have in his possession any original container that has been so refilled, except for three gallon keg type containers of sparklin…
La. Rev. Stat. § 26:150 Unfair practices
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§150. Unfair practices A. The commissioner shall adopt and promulgate rules and regulations to prevent any unfair practices in the sale of any "regulated beverages." B. The following unfair practices are hereby prohibited: (1) Misleading or fraudulent advertising or failure or in…
La. Rev. Stat. § 26:151 Permits necessary prior to purchase of alcoholic beverages
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§151. Permits necessary prior to purchase of alcoholic beverages All retail dealers must possess a permit as a condition precedent to purchasing, receiving, or engaging in the business of dealing in alcoholic beverages. An application may be withheld and a solicitor or his wholes…
La. Rev. Stat. § 26:152 Forms for default notices and delinquent lists; rules for filing and publication
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§152. Forms for default notices and delinquent lists; rules for filing and publication The commissioner shall prescribe forms for notices of default and for delinquent lists and shall make and publish rules and regulations to govern the filing of such notices and lists and the pu…
La. Rev. Stat. § 26:153 Delivery of alcoholic beverages; certain retailers; third parties; requirements;
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§153. Delivery of alcoholic beverages; certain retailers; third parties; requirements; limitations A. Notwithstanding any law to the contrary, any liquor retailer permitted pursuant to R.S. 26:71(A)(3)(b) or any retailer permitted to sell alcoholic beverages for off-premise consu…
La. Rev. Stat. § 26:171 General penalty
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§171. General penalty Whoever violates any provision of this Chapter or any rule or regulation of the commissioner, where no other penalty is provided for in this Chapter, shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not le…
La. Rev. Stat. § 26:2 Definitions
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§2. Definitions For purposes of this Chapter, the following terms have the respective meanings ascribed to them in this Section, unless a different meaning clearly appears from the context: (1) "Alcoholic beverages" means any fluid or solid capable of being converted into fluid, …
La. Rev. Stat. § 26:241 Definitions
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§241. Definitions The following terms have the respective meanings ascribed to them except in those instances where the context indicates a different meaning: (1) "Alcoholic beverages" means any fluid or any solid capable of being converted into fluid, suitable for human consumpt…
La. Rev. Stat. § 26:242 Self-distribution
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§242. Self-distribution A. Notwithstanding any provision of law to the contrary, a brewer who operates a brewing facility located entirely in the state of Louisiana that produces less than five thousand barrels of beer or other malt beverages annually at the brewing facility and …
La. Rev. Stat. § 26:243 Transfer
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§243. Transfer Notwithstanding any provision of law to the contrary, a brewer who operates a brewing facility located entirely within the state of Louisiana and who holds an in-state manufacturer's permit may use a wholesaler, for a set fee, to transfer beer or other malt beverag…
La. Rev. Stat. § 26:271 Permits required; fees
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§271. Permits required; fees A. Before engaging in the business of dealing in malt beverages or beverages of low alcoholic content, all manufacturers, wholesale and retail dealers, and microbrewers shall obtain from the commissioner, according to established rules and regulations…
La. Rev. Stat. § 26:271.1 Microbrewery; retail sales on or off premises
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§271.1. Microbrewery; retail sales on or off premises A.(1) Any person who has properly obtained a microbrewer's permit as provided for in R.S. 26:271 shall be authorized to engage in the brewing of beer and other malt beverages in a quantity not to exceed twelve thousand five hu…
La. Rev. Stat. § 26:271.2 Class A permit; definitions
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§271.2. Class A permit; definitions The commissioner shall issue the following four types of Class A retail permits for beverages of low alcoholic content: (1) Class A-General: (a) A Class A-General retail permit shall be issued only to a retail outlet where beverage alcohol is s…
La. Rev. Stat. § 26:271.3 Class C Permit; definitions
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§271.3. Class C Permit; definitions A. For purposes of this Section, "Class C-Package Store" shall be defined as an establishment that meets all of the following: (1) Operates as a place of business where alcoholic beverages are the principal commodity sold for off-premise consum…
La. Rev. Stat. § 26:271.4 Package house-Class B permit
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§271.4. Package house-Class B permit Notwithstanding any provisions of law to the contrary and subject to rules promulgated by the commissioner, in addition to the authority to contract with a third-party delivery company or a third-party platform as provided in R.S. 26:308, a pe…
La. Rev. Stat. § 26:272 Restaurant "R" permit; application; fees
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§272. Restaurant "R" permit; application; fees A. The legislature hereby finds and declares that the food service industry is a viable industry in Louisiana with significant economic impact and finds that a restaurant establishment's purpose and primary function is to take orders…
La. Rev. Stat. § 26:273 Limitations on the issuance of state permits; exceptions
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§273. Limitations on the issuance of state permits; exceptions A. The commissioner shall not: (1) Issue a permit for the conduct of a business of dealing in beverages of low alcoholic content in any subdivision of the state wherein that business has been prohibited by a local opt…
La. Rev. Stat. § 26:274 Local permits
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§274. Local permits A.(1) Parishes and municipalities may issue and require local permits similar to those issued by the commissioner and may charge and collect fees therefor. No parish or municipality shall require permits of any commercial airline which has been issued a Class …
La. Rev. Stat. § 26:275 Operation without permit prohibited
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§275. Operation without permit prohibited A. No person shall do any act for which a permit is required by this Chapter or by local authorities acting hereunder unless he holds the proper state and local permits. No local permit shall be necessary unless the local governing author…
La. Rev. Stat. § 26:276 Personal nature of permits; return of permits; necessity of display; penalties
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§276. Personal nature of permits; return of permits; necessity of display; penalties A. The following shall apply to permits issued under this Chapter: (1)(a) Except as otherwise provided in this Subsection, permits are valid for only one year, unless expired, suspended, or revok…
La. Rev. Stat. § 26:277 Notice of application for retail dealer's permit
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§277. Notice of application for retail dealer's permit A. Prior to making application for a retail dealer's permit, each applicant shall insert an appropriate signed notice similar to the following in a newspaper published in the municipality in which he desires to operate his bu…
La. Rev. Stat. § 26:278 Contents of application for permit; commissioner power as ex officio notary
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§278. Contents of application for permit; commissioner power as ex officio notary A. Applications for state and local wholesaler or retailer permits shall be in writing and sworn to and shall contain the full name of the applicant, his social security number, his federal employer…
La. Rev. Stat. § 26:279 Submission of applications; delay
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§279. Submission of applications; delay All applications for state permits shall be mailed or delivered to the commissioner in Baton Rouge at the state capitol, and all applications for local permits shall be mailed or delivered to the respective local authorities. An applicant s…
La. Rev. Stat. § 26:280 Qualifications of applicants for permits
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§280. Qualifications of applicants for permits A. Applicants for state and local permits of all kinds shall demonstrate that they meet the following qualifications and conditions: (1) Be a person of good character and reputation and over eighteen years of age. In considering a pe…
La. Rev. Stat. § 26:281 Location of business limited; exception
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§281. Location of business limited; exception A. No permit shall be granted under this Chapter in contravention of any municipal ordinance adopted pursuant to the zoning laws of the state. B. No permit shall be issued by the commissioner or local authorities to authorize the cond…
La. Rev. Stat. § 26:281.1 Limitation on issuance of permits
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§281.1. Limitation on issuance of permits A. Beginning on August 1, 2025, and ending on December 31, 2026, no permits for the sale of alcoholic beverages under this Chapter shall be granted within the boundaries of District 3 of the Louisiana House of Representatives. B. The prov…
La. Rev. Stat. § 26:282 Misstatement or suppression of fact in application
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§282. Misstatement or suppression of fact in application Any misstatement or suppression of fact in an application or accompanying affidavit is a ground for the denial, withholding or suspension of a permit in the manner provided in this Chapter. Amended by Acts 1968, No. 174, §5…
La. Rev. Stat. § 26:283 Authority of commissioner and local authorities to withhold permits
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§283. Authority of commissioner and local authorities to withhold permits The commissioner with respect to state permits and municipal authorities or parish governing authorities with respect to local permits may withhold the issuance of permits in the manner and under the terms …
La. Rev. Stat. § 26:284 Procedure for determination to issue or withhold permit
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§284. Procedure for determination to issue or withhold permit The right to determine what persons shall or shall not be licensed under this Chapter shall be exercised in the following manner: A. Municipal authorities and parish governing authorities, within their respective juris…
La. Rev. Stat. § 26:285 Renewal of permit
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§285. Renewal of permit A. Except as otherwise provided by law, persons holding permits under this Chapter, whether state or local, shall file applications for renewal thereof for the ensuing year in the manner provided with the commissioner. Anyone filing his renewal application…
La. Rev. Stat. § 26:286 Acts prohibited on licensed premises; suspension or revocation of permits
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§286. 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 servant, agent, or employee of the permittee shall do any of the follo…
La. Rev. Stat. § 26:287 Additional causes for suspension or revocation of permits
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§287. Additional causes for suspension or revocation of permits A. In addition to any other causes enumerated in this Chapter, the commissioner may suspend or revoke any permit for any of the following causes: (1)(a) If there was any misstatement or suppression of fact in the app…