§ 26:307 — Delivery of alcoholic beverages; certain retailers, third parties; requirements;

§307. Delivery of alcoholic beverages; certain retailers, third parties; requirements;
limitations
A. Notwithstanding any law to the contrary, any liquor retailer permitted pursuant
to R.S. 26:271(A)(3) or any retailer permitted to sell alcoholic beverages for off-premise
consumption may deliver, either on the licensed premises itself or at a residential or
commercial address designated by the consumer, products lawfully sold to and purchased by
such consumer, provided that:
(1) The liquor retailer possesses a Class B permit as defined in R.S. 26:241 or
possesses a permit that allows the retailer to sell alcoholic beverages for off-premise
consumption.
(2) The liquor retailer or an employee of the liquor retailer processes at the Class B
premises or at the premises permitted to sell alcoholic beverages for off-premise
consumption all payments initiated by a consumer that is transacting the purchase with the
liquor retailer.
(3) The Class B liquor retailer or any retailer permitted to sell alcoholic beverages
for off-premise consumption, or an employee of the retailer, assembles, packages, and fulfills
each order at the permitted premises where the order was processed using inventory located
at that premises that was purchased from a permitted wholesale dealer.
(4) Deliveries to consumers are made only by the Class B liquor retailer or a retailer
permitted to sell alcoholic beverages for off-premise consumption, or an employee of such
retailer, and only to consumers at a residential or commercial address in this state.
(5) The alcoholic beverages delivered are for personal consumption, not intended for
resale, and are in a container sealed by the manufacturer of the alcoholic beverage. The
delivery of an "open alcoholic beverage container" as defined in R.S. 32:300 is prohibited.
(6) Delivery of alcoholic beverages is permitted only in those areas where the retail
sale of alcoholic beverages is permitted. Delivery shall be prohibited in any area where it is
prohibited by the local governing authority. The delivery radius of a retailer shall not extend
past the boundaries of the parish where the retailer's permitted establishment is located.
(7) Alcoholic beverages are not delivered to an address on a campus of any state
college, university, or technical college or institute, any independent college or university,
or any elementary or secondary school located in this state.
(8) Delivery is permitted only during the hours that the authorized retailer's permitted
establishment is open to the public.
(9) At the time of delivery, the Class B liquor retailer or a retailer permitted to sell
alcoholic beverages for off-premise consumption, or an employee of such retailer, verifies
that the recipient of the alcoholic beverage or beverages is not visibly intoxicated.
(10) At the time of delivery, the Class B liquor retailer or a retailer permitted to sell
alcoholic beverages for off-premise consumption, or an employee of such retailer, verifies
the identity and age of the person accepting delivery of the order by validating a state-issued
photo identification of the person or through use of a real-time age verification system
authorized by the commissioner. Additionally, a signature of the person receiving the
delivery acknowledging receipt of the delivery and verifying their age shall be obtained.
(11) The retail dealer keeps a record of all deliveries of alcoholic beverages and
retains such records for two years from the date of the delivery. The retail dealer shall make
such records available to the commissioner of the office of alcohol and tobacco control upon
request for the purpose of investigating and enforcing the provisions of this Title. The record
of each delivery shall include:
(a) The retail dealer's name, address, and permit number.
(b) The name of the person who placed the order and the date, time, and method of
the order.
(c) The name of the employee making the delivery and the date, time, and address
of the delivery.
(d) The type, brand, and quantity of each alcoholic beverage delivered.
(e) The name, date of birth, and signature of the person that received the delivery.
B. Notwithstanding any law, rule, or regulation to the contrary, any liquor retailer
permitted pursuant to R.S. 26:271(A)(3) or a retailer permitted to sell alcoholic beverages
for off-premise consumption, that sells alcoholic beverages at retail to consumers for
consumption off the premises may use electronic means to do the following:
(1) Market the alcohol products it is licensed to sell.
(2) Receive and process purchase orders placed by a consumer of legal drinking age,
which orders may then be delivered to such consumer on the licensed premises itself or at
a residential or commercial address in this state designated by the consumer in accordance
with Paragraph (A)(4) of this Section.
C. A Class B liquor retailer permitted pursuant to R.S. 26:271(A)(3) or a retailer
permitted to sell alcoholic beverages for off-premise consumption may market, receive, and
process orders for alcohol products under this Section 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 and transfer of physical possession of the alcoholic beverages.
(2) The permittee retains the sole discretion to determine whether to accept and
complete an order or reject it, and the permittee or an 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, which alcoholic beverages are made available
for delivery to the consumer at the licensed premises itself or at another address designated
by the consumer, and the permittee shall independently set the price of such products.
(4) The purchase transaction takes place between the consumer and the permittee and
the permittee appears as the retail dealer.
(5) Any credit or debit card information provided by a consumer to the third party
for the purpose of transacting a purchase with a permittee is automatically directed to the
permittee such that the permittee appears as the retail dealer at the time of purchase and on
the receipt.
(6) The permittee, or an employee of the permittee, processes, at the premises that
accepts the order, all payments initiated by a consumer that is transacting a purchase with the
permittee.
(7) The alcoholic beverages are in the possession of the permittee prior to the
permittee's processing of payment of such products.
(8) The permittee, or an employee of the permittee, assembles, packages, and fulfills
each order at the premises that accepted the order.
(9) Deliveries to consumers are made by the permittee, or by an employee of the
permittee.
(10) At the time of delivery, the permittee, or an employee of the permittee, verifies
the identity and age of the person accepting delivery of the order by validating a state-issued
photo identification of the person or through use of a real-time age verification system
authorized by the commissioner. Additionally, a signature of the person receiving the
delivery acknowledging receipt of the delivery and verifying their age shall be obtained.
D. The relationship between the permittee and the third party pursuant to Subsection
C of this Section shall be one of independent contractors, and neither party shall be deemed
the employee, agent, or joint venturer of the other party under any circumstances or for any
purposes.
E. The commissioner may promulgate rules in accordance with the Administrative
Procedure Act related to the requirements and qualifications for delivery.
F. If any provision of this Section, or its application to any person or circumstance,
is determined by a court to be invalid or unconstitutional, the remaining provisions shall be
construed in accordance with the intent of the legislature to further limit rather than expand
commerce in alcoholic beverages and to enhance strict regulatory control over taxation,
distribution and sale of alcoholic beverages through the three-tier regulatory system imposed
by the Alcoholic Beverage Control Law upon all alcoholic beverages.

Legislative History

Acts 2019, No. 436, §1, eff. June 22, 2019.