La. Admin. Code tit. 55 § VII-323

Current through Register Vol. 50, No. 3, March 20, 2024

Section VII-323 - Regulation XI- Fairs, Festivals and Special Events

A. For purposes of this regulation, special events are defined as events, held at any location, where alcoholic beverages are served as an incidental part of the event for payment rendered or are supplied as a part of a general admission or other type fee.

B. For such events, this office will issue a special temporary retail alcoholic beverage permit. These permits authorize alcoholic beverages to be sold, served and/or supplied at the special event for a maximum duration of three consecutive days only, but wholesalers may deliver alcoholic beverages to the event location up to 2 days prior to the effective date of the permit. No more than 12 such permits shall be issued to any one person, organization or entity within a single calendar year.

1. There shall be three types of temporary alcoholic beverage permits- Type A, Type B and Type C.

a. Type A permits will be issued only to non-profit organizations with tax exempt status under the United States Internal Revenue Code, Sections 501(c)(3) To qualify for this permit, applicants must submit written proof of their tax exempt status, a copy of a local permit or letter from the local governing authority granting their permission to sell alcoholic beverages, a valid lease, contract or written permission of the owner of the property upon which the event is to be held if the property is not owned by the applicant and a completed, notarized application form. Type A permits shall be issued without charge by the Office of Alcohol and Tobacco Control.

b. Type B permits will be issued only to non-profit organizations which are able to provide some type of written proof of their non-profit status, but are unable to show written proof of their tax exempt status under the Internal Revenue Code sections cited above. To qualify for this permit, applicants must submit the same documentation as for Type A permits, substituting the written proof of non-profit status for the written proof of tax exempt status. Applicants for Type B permits will be assessed a $10 handling fee to cover the cost of processing the application.

c. Type C permits will be issued to persons holding limited events where alcoholic beverages are sold or supplied as part of a general admission or other type fee, but who do not meet the requirements for Type A or Type B temporary permits. To qualify for a Type C temporary permit, applicants must meet the qualifications required of permit holders under R.S. 26:80 and R.S. 26:280 and must submit a copy of a local permit or letter from the local governing authority granting their permission to sell alcoholic beverages, a valid lease or contract with the owner of the property on which the event is to be held if it is not owned by the applicant and a completed, notarized application form. A $100 fee will be assessed to cover the cost of handling the Type C permit application.

2. Class A- Caterer's permits shall not be utilized in lieu of Special Event permits.

C. The holders of temporary special event permits may return unused product at the conclusion of the event for cash or credit refund.

D. The provisions of R.S. 26:90 and 26:286 shall apply to all special events for which temporary permits are issued under this regulation, and violations are punishable as provided for under the provisions of Title 26 of the Revised Statutes. The provisions of R.S. 26:81 and 26:281 shall not apply to special event permits.

E. The provisions of R.S. 26:287(9) and Regulation IX dealing with unfair business practices shall not apply to the holders of Type A and Type B special event permits, except as provided in Subsection F below, but shall fully apply to the holders of Type C special event permits.

1. Type A special events held on the premises of a class A, B or C retail alcoholic beverage permit holder shall comply with all of the following conditions:

a. the special event permit is applied for and obtained in the name of the non-profit organization;

b. the non-profit organization is not affiliated, either directly or indirectly, with an alcoholic beverage manufacturer or wholesale dealer;

c. the non-profit organization holding the type A special event permit must return or remove all unused alcoholic beverage products at the conclusion of the event. No alcoholic beverage product purchased or otherwise obtained in the name of the non-profit organization or for the purpose of servicing the special event shall be left on the licensed premises at the conclusion of the event;

d. subject to inspection by the commissioner or his agents, the non-profit organization shall document and maintain record of:

i. the total amount of alcoholic beverages purchased for the event;

ii. the total amount of alcoholic beverages sold or served during the event; and

iii. the total amount of alcoholic beverages removed or returned at the conclusion of the event;

e. any and all signage, equipment or other items provided by an alcoholic beverage manufacturer or wholesale dealer in relation to the non-profit special event shall be removed from the premises of the retail dealer immediately upon conclusion of the special event;

f. the premise's class A, B, or C alcoholic beverage permit was not issued pursuant to R.S. 26:85.1 and R.S. 26:273C;

g. all proceeds generated by or in connection with the event shall be paid to the holder of the type A special event permit;

h. the holder of the class A, B or C retail alcoholic beverage permit shall receive no proceeds, alcoholic beverage products, sponsorship dollars, promotional items or other items of value other than a reasonable rental fee at fair market value; and

i. The provisions of R.S. 26:287(9) and Regulation IX dealing with unfair business practices shall apply with respect to the holder of the class A, B or C retail alcoholic beverage permit holder.

F.

1. When the holder of a special event permit of any type calls upon an industry member to service an event, the industry member must charge the permit holder for all equipment used and services rendered in an amount at least equal to that listed as follows:

a. labor- at a rate equal to that required as a minimum wage under the Federal Wage and Hour Law;

b. self contained electric units in which the beer container is refrigerated within the unit- $25 per day;

c. electric unit in which the beer container sits outside the cooling unit- $25 per day;

d. picnic pumps- $10 per day or may be sold to the permit holder in accordance with Subsection j below;

e. tubs- $10 per day or may be sold to the permit holder in accordance with subsection j. below;

f. cold plates- $25 per day;

g. trucks designed to handle packaged beer without refrigeration- $30 per day;

h. refrigerated trucks or mobile units such as trailers or other vehicles designed to handle package or draught beer- $100 per day;

i. cups, ice, additional CO₂ gas, gas picnic pumps, tubs and similar supplies and equipment-cost to industry member;

j. alcoholic beverages- at the price available to all other retail dealers in alcoholic beverage;.

k. stages, including labor to erect- $200 per day; and

l. tents, including labor to erect:

i. 12' x 12' or smaller- $30 per day;

ii. larger than 12' x' 12'- $50 per day.

2. Equipment such as that listed above may not be furnished to regular licensed retail dealers unless the dealer acquires a temporary special event permit. Equipment may not be provided by a wholesaler for functions where no permit is issued but beer is acquired from a retail dealer, such as private parties or receptions.

La. Admin. Code tit. 55, § VII-323

Promulgated by the Department of Public Safety and Corrections, Office of Alcoholic Beverage Control, LR 17:606 (June 1991), amended by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 34:1634 (August 2008), LR 40:1112 (June 2014).

AUTHORITY NOTE: Promulgated in accordance with R.S. 26:793.