La. Admin. Code tit. 55 § VII-327

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-327 - Class C-Package Store Retail Alcoholic Beverage Permits

A. Definitions

Batch- any mixture of ingredients or concoction prepared, blended, mixed, or otherwise combined in the preparation of a regulated or alcoholic beverage, as defined by R.S. 26:2 and 241, to be served to patrons in the form of specialty frozen drinks, commonly known as frozen daiquiris.

Batch Freezer- any refrigeration or cooling unit, machine, device or processor of any kind in which a batch, as defined in this Section, of specialty frozen drinks, commonly known as frozen daiquiris, is placed for purposes of transforming the batch into frozen specialty drinks for service to patrons, regardless of whether the refrigeration or cooling unit, machine, device or processor includes a spigot or other mechanism for pouring the specialty frozen drink into single serving closed containers for service to patrons.

B. In order to qualify for a Class C-package store retail alcoholic beverage permit, the applicant must:

1. operate a place of business where the sale and service of alcoholic beverages represents more than 50 percent of the business' total annual retail sales revenue;

2. not offer to sell, sell, or otherwise distribute motor fuel anywhere on or about the licensed premises;

3. sell and serve alcoholic beverages, including frozen specialty alcoholic beverages, in closed containers prepared for transportation and consumption off the licensed premises only;

4. maintain a public habitable floor area of no less that 1,000 square feet;

5. not allow any person under the age of 18 years to enter, visit, or loiter in or about the licensed premises;

6. not employ anyone under the age of 18 years;

7. not allow the consumption of any alcoholic beverage for any purpose of reason on or about the licensed premises;

8. not permit the mixing, sale, or service of mixed alcoholic beverages on the licensed premises;

9. notwithstanding Paragraph 8 above, a Class C-package store license holder may combine non-alcoholic frozen specialty mixes with factory sealed and packaged alcoholic beverages on the licensed premises for the sole purpose of preparing a batch, as defined in Subsection A of this Section, which batch is placed in a batch freezer, as defined in Subsection A of this Section designed for the dispensing of frozen specialty alcoholic beverages, provided the license holder complies with the following at all times:

a. the mixing of a batch, as defined in Subsection A above, shall at all times be conducted out of the view of the public;

b. open bottles of manufacturer-packaged alcoholic beverage or any other open alcoholic beverage shall be kept out of view of the public;

c. all frozen specialty drinks shall be dispensed from batch freezer machines into containers affixed with a lid for transportation and consumption by the customer off of the licensed establishment's premises. The use of blenders or similar devices is prohibited;

d. no additional alcoholic beverage shall be added to the batch after the batch is placed into the batch freezer machine. The sale and service of additional "shots" or any other portion of any alcoholic beverage or the introduction of any additional alcohol into a container used for the sale or service of frozen specialty drinks to the public is prohibited;

e. the preparation and/or sale of one or more drinks commonly known as "highballs," "cocktails," or any type of "mixed drink" other than frozen specialty alcoholic beverages, as described and/or defined in this Section, is expressly prohibited on or about the licensed premises.

La. Admin. Code tit. 55, § VII-327

Promulgated by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 33:1684 (August 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 26:71.2B.