This text of Louisiana § 26:242 (Self-distribution) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§242. Self-distribution
A. Notwithstanding any provision of law to the contrary, a brewer who operates a
brewing facility located entirely in the state of Louisiana that produces less than five
thousand barrels of beer or other malt beverages annually at the brewing facility and holds
both an in-state manufacturer's permit and a brewer's self-distribution permit issued pursuant
to R.S. 26:271 may self-distribute to the following:
(1)A secondary location wholly owned by the brewer holding the self-distribution
permit.
(2)A retailer holding a Class A permit issued pursuant to R.S. 26:71.1 or 271.2, a
Class B permit issued pursuant to R.S. 26:71 or 271, a Class C permit issued pursuant to R.S.
26:71.2 or 271.3, or a Type A, B, or C temporary alcoholic beverage permit issued pursuant
to R.S.
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§242. Self-distribution
A. Notwithstanding any provision of law to the contrary, a brewer who operates a
brewing facility located entirely in the state of Louisiana that produces less than five
thousand barrels of beer or other malt beverages annually at the brewing facility and holds
both an in-state manufacturer's permit and a brewer's self-distribution permit issued pursuant
to R.S. 26:271 may self-distribute to the following:
(1) A secondary location wholly owned by the brewer holding the self-distribution
permit.
(2) A retailer holding a Class A permit issued pursuant to R.S. 26:71.1 or 271.2, a
Class B permit issued pursuant to R.S. 26:71 or 271, a Class C permit issued pursuant to R.S.
26:71.2 or 271.3, or a Type A, B, or C temporary alcoholic beverage permit issued pursuant
to R.S. 26:793.
B. A brewer who operates a brewing facility located entirely in the state of Louisiana
may obtain a permit to self-distribute beer or other malt beverages brewed at its brewing
facility under the following conditions:
(1)(a) The quantity of beer brewed at the brewing facility that is self-distributed to
a secondary location shall be included in the quantity limitations for selling products for on-
or off-the-premises consumption in R.S. 26:241(18) for the producing brewing facility and
shall not exceed an amount greater than fifty percent of the secondary location facility's
production of beer for the previous month.
(b) If a brewer self-distributes to a secondary location, the brewing facility at which
the beer is produced shall maintain no less than a ten-barrel brewing system and the
secondary location shall maintain no less than a five-barrel brewing system.
(2) If a brewer self-distributes to retailers the following shall apply:
(a) No more than three thousand barrels of beer brewed at the brewing facility may
be self-distributed to all retailers annually.
(b) The product shall be offered at a standard price to all retailers.
(3) The brewer or brewing facility does not have an existing distribution agreement
with a permitted wholesale dealer.
(4) The brewer or brewing facility owns or leases warehouse space that shall be
maintained separate from the brewing facility.
(5) The brewer or brewing facility owns or leases delivery equipment dedicated for
the primary use of distribution and delivery of only those products brewed at the brewing
facility.
(6) The brewer shall remit all state sales and excise taxes on all beer or other malt
beverages produced at its brewing facility that is self-distributed to a secondary location. The
secondary location shall remit all parish or municipal sales and excise taxes on any amount
received through self-distribution by the brewer to the proper tax collecting authority for all
products sold to the public.
(7) The brewer or brewing facility shall provide a monthly report of all sales from
the brewing facility and all sales from self-distribution to the office of alcohol and tobacco
control.
C. A brewing facility may enter into a distribution agreement with a permitted
wholesale dealer or make application for a self-distribution permit. However, no brewing
facility shall distribute through the permitted wholesale dealer and self-distribution.
D. Any brewing facility that engages in self-distribution shall be subject to LAC
Title 55, Part VII.