La. Admin. Code tit. 55 § VII-803

Current through Register Vol. 50, No. 11, November 20, 2024

Section VII-803 - Package Store Retail Alcohol Delivery Permit

A. Retailers holding a valid class B retail liquor permit, retailers holding a valid class C retail liquor permit, and retailers holding a valid retail liquor permit that allows for off-premises consumption shall be allowed to apply for, obtain, and maintain a class P retail alcohol delivery permit pursuant to this particular regulation (§803) and they shall adhere to the following requirements in addition to the general requirements otherwise enumerated in this Chapter:

B. The commissioner of Alcohol and Tobacco shall collect the initial and annual licensure fee for class P retail alcohol delivery permits in the amount of $250 and same shall expire and be renewable at the same time as the holders alcohol permit.

C. Each and every order for the delivery of alcoholic beverages received by a class P retail alcohol delivery permit holder shall include food with each order.

D. All alcohol delivery transactions initiated by a consumer shall be processed, assembled, packaged, and fulfilled at the retailers permitted physical premises wherein the order was received. All transactions can be processed, assembled, packaged, and fulfilled by the permittee, a W-2 employee of the permittee, a third party, a third party platform, or an authorized agent.

E. Deliveries to consumers shall only be made by the permittee, a W-2 employee of the permittee, a third party, a third party platform, or an authorized agent.

F. Alcoholic beverages shall not be delivered without verifying the identity and age of the recipient by reading a valid state-issued photo identification card, valid military identification card, valid passport of the person, or through the use of a real-time electronic age verification device or application shall be approved by the commissioner of Alcohol and Tobacco Control.

G. Notwithstanding any law, rule, or regulation to the contrary, the permittee may use electronic means to market, receive, and process orders for alcohol products.

H. The permittee may market, receive, and process orders for alcohol products using electronic means owned, operated, and maintained by a third party, provided that:

1. the permittee maintains ultimate control and responsibility over the sales transaction, the transfer of the physical possession of the alcoholic beverages, and the collection and remittance of all applicable state and local taxes;

2. the permittee retains the sole discretion to determine whether to accept and complete an order or reject it and the permittee, or a W-2 employee of the permittee, reviews, and accepts or rejects each order;

3. the permittee retains the independence to determine which alcoholic beverages are made available through electronic means and which alcoholic beverages are made available for delivery to the consumer either at their licensed physical premises itself or at another address designated by the consumer;

4. the permittee independently sets the price of alcoholic beverages being offered for delivery;

5. any credit or debit card information provided by a consumer to the third party for the purpose of transacting a purchase is automatically directed to the permittee such that the transaction takes place between the consumer and the permittee and the permittee appears as the retail dealer at the time of purchase and the receipt;

6. the permittee, or a W-2 employee of the permittee, shall processes at the physical premises that accepted the orders and payments initiated by a consumer;

7. the relationship between the permittee and the third party shall be one of independent contractors and neither party shall be deemed the employee, or joint venture of the other party under any circumstances or for any purposes;

8. the third party shall not deal, handle, sell, offer for sale, or possess for sale alcoholic beverages or process payments for the sale of alcoholic beverages.

La. Admin. Code tit. 55, § VII-803

Promulgated by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 4781 (1/1/2021).

AUTHORITY NOTE: Promulgated in accordance with R.S. 26:307(E).