La. Admin. Code tit. 55 § VII-301
Current through Register Vol. 50, No. 9, September 20, 2024
Section VII-301 - Regulation I- Liquor Credit LawA. Every delivery of liquor to retail dealers shall be accompanied by an invoice of sale showing the name of the retail dealer, his trade name and permit number, and the date of the invoice which shall be the date of actual delivery.B. Manufacturers and wholesale dealers shall on each Monday morning mail to the commissioner, on a form prescribed by him, delinquent reports containing all of the information called for on said report.C. The dealers required to be reported as delinquent are those whose accounts were delinquent as of 7 p.m. Sunday preceding the date of the report.D. Delinquent retail dealers who pay their deficiency in full by Monday mornings are not to be included on the delinquent reports of that day.E. Delinquents are to be reported each Monday morning until their accounts have been paid in full.F. When collections are made from delinquent retail dealers before the expiration of their credit period, but too late to be processed on the wholesaler's or manufacturer's books and included on their delinquent report, provided an affidavit, on a sample form to be furnished by the commissioners, is executed by the person receiving the payment, which affidavit is to be retained by the wholesaler or manufacturer.G. Delinquent reports shall name all outlets and package houses owned or operated by the delinquent retail dealer.H. When manufacturers and wholesale dealers are not open for business on Mondays, reports shall be submitted on the last working day prior thereto, unless notified to the contrary by the commissioner.I. Triplicate copies of delinquent reports are to be made by manufacturers and wholesale dealers, the original of which is to be sent to the commissioner at Baton Rouge, one to the delinquent retail dealer and one to be retained by the wholesale dealer or manufacturer.J. No sale of liquor, except for cash (currency or silver), shall be made to a delinquent retail dealer on or after the date a list containing his name has been published by the commissioner.K. A retail dealer shall remain in default of credit until a list on which his name does not appear has been published by the commissioner, or manufacturers and wholesale dealers are notified to the contrary by the commissioner.L. Any liquor salesman and/or any wholesale liquor dealer who, either individually or collectively, coerces, or conspires with, any retail liquor dealer to purchase alcoholic beverages on any terms other than those permitted under R.S. 26:159 and these regulations shall subject said liquor salesman, and/or said retail or wholesale liquor dealer to a hearing with possible suspension of permit or permits for violation of Title 26 of the Revised Statutes of 1950, as amended, and these regulations.M. Any permittee who remains in default over a period of 30 days, may be called to a hearing by the commissioner to either suspend his permit or be placed on a permanent cash basis, or both; and in the event the commissioner places any permittee on a cash basis, all wholesale dealers shall be notified thereof in writing, and after the receipt of such notice, no dealer shall sell, offer to sell, or deliver any alcoholic beverages for any consideration other than cash until otherwise advised in writing by the commissioner.N. Any permittee placed on a permanent cash basis by order of the commissioner may request recision of the order by petitioning the commissioner in writing for a rehearing and the commissioner may rescind his order upon the permittee satisfying the commissioner of his financial responsibility to carry on his business on a credit basis.La. Admin. Code tit. 55, § VII-301
Adopted by the Department of Public Safety, Office of Alcoholic Beverage Control, 1948, filed at the Office of the State Register, 1974.AUTHORITY NOTE: Promulgated in accordance with R.S. 26:32.