RS 308 - Alcoholic beverages delivery agreements; requirements; limitations
A. For purposes of this Section only, a third-party delivery company shall be defined as a third-party delivery service that is licensed to do business in the state of Louisiana, permitted with the office of alcohol and tobacco control, and uses their own employees or agents for which the third-party delivery company or the third-party platform is required to file an Internal Revenue Service Form W-2 or 1099 for delivery. For all other alcohol delivery provisions of this Chapter, third party shall be the definition provided in R.S. 26:2 and 241.
B. Notwithstanding any provision of law to the contrary, a retail dealer possessing a valid Class A-General retail permit as provided in R.S. 26:271.2, a Class "R" restaurant permit as provided in R.S. 26:272, or a package house-Class B, as defined in R.S. 26:241, permit as provided in this Chapter may enter into a written agreement with a third-party delivery company or a third-party platform for the use of an internet or mobile application or similar technology platform to facilitate the sale of alcoholic beverages for delivery to consumers for personal consumption within this state and the third-party delivery company or the third-party platform may deliver alcoholic beverages to the consumer.
C. An alcoholic beverage delivery agreement between a retail dealer and a third party shall require all of the following:
(1) Only alcoholic beverages purchased from a wholesale dealer licensed pursuant to this Title are offered for delivery.
(2)(a) Only alcoholic beverages as defined in R.S. 26:2, and R.S. 26:241(1)(a) are offered for delivery from the licensed premises of a package house-Class B permit holder.
(b) Only malt beverages, sparkling wine, and still wine, as defined in R.S. 26:2 and 241 are offered for delivery from the licensed premises of a restaurant permit holder.
(3) Only alcoholic beverages intended for personal consumption and delivered in a manufacturer sealed container are offered for delivery. "Manufacturer sealed container" as used in this Paragraph 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 and 241.
(4) Alcoholic beverages are delivered only on the days and during the hours the retail dealer is authorized to sell or serve alcoholic beverages.
(5) Alcoholic beverages are delivered only in those areas where the sale of alcoholic beverages is permitted. Delivery of alcoholic beverages in an area where the sale of alcoholic beverages has been prohibited by a referendum vote is prohibited.
(6) No alcoholic beverages shall be delivered to a state college, university, or technical college or institute or an independent college or university located in this state.
(7) No alcoholic beverages shall be delivered to any public playground or building used primarily as a church, synagogue, public library, or school.
(8)(a) For any parish having a population of less than one hundred thousand according to the latest federal decennial census, no alcoholic beverages shall be delivered more than twenty-five miles from the place of purchase.
(b) For any parish having a population of greater than one hundred thousand according to the latest federal decennial census, no alcoholic beverages shall be delivered more than ten miles from the place of purchase.
(9) All orders for the delivery of alcoholic beverages shall also contain food. (10) The alcoholic beverages of all deliveries which are refused by a third party shall be returned to the place of purchase.
(11) Alcoholic beverages are delivered only by a person that meets all of the following requirements:
(a) The person is eighteen years of age or older.
(b) The person is an employee or agent for which the third-party delivery company or the third-party platform shall be required to file an Internal Revenue Service Form W-2 or 1099.
(c) The person possesses a valid server permit as provided in R.S. 26:931 et seq.
(12) The retail dealer shall manage and control the sale of alcoholic beverages including but not limited to all of the following:
(a) Determining the alcoholic beverages to be offered for sale through a third party's internet or mobile application platform or similar technology.
(b) Determining the price at which alcoholic beverages are offered for sale or sold through a third party's internet or mobile application platform or similar technology.
(c) Accepting or rejecting all orders placed for alcoholic beverages through a third party's internet or mobile application platform or similar technology.
(d) Collecting and remitting all applicable state and local taxes.
D. A retail dealer shall enter into an alcoholic beverage delivery agreement with a third-party delivery company or a third-party platform only when the third party meets all of the following requirements:
(1) The third-party delivery company or the third-party platform is properly registered and authorized to conduct business in Louisiana.
(2) The third-party delivery company or the third-party platform holds a valid Louisiana alcoholic beverage permit issued pursuant to R.S. 26:271.2(1)(j).
(3) The third-party delivery company or the third-party platform shall maintain a general liability insurance policy with a liquor liability endorsement in an amount no less than one million dollars per occurrence for the duration of the agreement with the retail dealer and shall provide proof of coverage to the retail dealer.
(4) The third-party delivery company or the third-party platform is able to monitor the routes of its employees or agents during alcoholic beverage deliveries.
(5) The third-party delivery company or the third-party platform conducts a screening and a background check of all persons that will deliver alcoholic beverages.
E. A retail dealer may pay a third-party delivery company or a third-party platform a fee for its services and a third party may charge a reasonable delivery fee for orders delivered by the third party delivery company or the third-party platform. A third-party delivery company properly licensed pursuant to this Section or its authorized agent may act as an agent of a retail dealer in the collection of payments from the sale of alcoholic beverages, but the full amount of each order must be handled in a manner that gives the retail dealer control over the ultimate receipt of the payment from the consumer. A third-party delivery company or a third-party platform properly licensed pursuant to this Section or its authorized agent may also act as an agent of a retail dealer for the purposes of processing, assembling, packaging, and fulfilling alcoholic beverage orders for delivery from the retailer's licensed premises. No additional permit shall be required of a retail dealer who has contracted with a third-party delivery company properly licensed pursuant to this Section for the purpose of processing, assembling, packaging, and fulfilling alcoholic beverage orders for delivery from the retailer's licensed premises.
F.(1) The third-party delivery company or the third-party platform may receive orders and accept payment via the internet or through a mobile application or similar technology.
(2) At the time of delivery of alcoholic beverages, the third party's delivery agent shall obtain the recipient's signature and verify the age of the recipient through the use of an electronic age verification device that shall be approved by the commissioner. Such device shall be capable of all of the following:
(a) Verifying proof of age through technology of a magnetic card reader or an alternative technology capable of verifying proof of age.
(b) Reading a valid state-issued driver's license, a valid state issued identification card, a valid military identification card, or a valid passport.
(c) Storing the recipient's name, age, date of birth, the expiration date of the identification, and the date and time that the identification was scanned.
(3) The third party's delivery agent 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 provided in R.S. 26:286(A)(1).
(b) The recipient is intoxicated.
(c) There is reason to doubt the authenticity or correctness of the recipient's identification.
(d) The recipient refuses to sign for the receipt of the delivery.
(4) A third-party delivery agent who delivers alcoholic beverages, but fails to comply with the provisions of Paragraphs (2) and (3) of this Subsection and administrative rules promulgated pursuant to this Section, shall be vicariously liable for damages incurred as a result of the failure to comply.
G. A record of each delivery of alcoholic beverages shall be retained for three years from the date of delivery and made available to the commissioner of the office of alcohol and tobacco control upon request for the purpose of investigating and enforcing the provisions of this Title. The record of each delivery shall include:
(1) The retail dealer's name, address, and permit number.
(2) The name of the person who placed the order and the date, time, and method of the order.
(3) The name of the delivery agent and the date, time, and address of the delivery.
(4) The type, brand, and quantity of each alcoholic beverage delivered.
(5) The name, date of birth, and signature of the person who received the delivery.
H. The provisions of this Section shall not apply to the transportation or delivery of sparkling wine or still wine made by a carrier in accordance with R.S. 26:359.
I. The commissioner of the office of alcohol and tobacco control may promulgate rules and regulations in accordance with the Administrative Procedure Act to effectuate the provisions of this Section.
J. Any permitee who violates the provisions of this Section shall be subject to revocation of their permit by the commissioner.
Acts 2019, No. 433, §1, eff. June 22, 2019; Acts 2020, No. 115, §1, eff. June 9, 2020.