§ 26:85 — Combination of manufacturer, wholesale, and retail business prohibited; exceptions

Louisiana § 26:85

• Jurisdiction: Louisiana
• Title 26: Liquors - Alcoholic Beverages

Text

§85. Combination of manufacturer, wholesale, and retail business prohibited; exceptions
Except as provided in Paragraphs (1) through (7) of this Section, no person shall, at
the same time, engage in business as a manufacturer, manufacturing distiller, or wine
producer and as a wholesaler; as a wholesaler and as a manufacturer, manufacturing distiller,
or wine producer; as a manufacturer, manufacturing distiller, or wine producer and as a
retailer; as a retailer and as a manufacturer, manufacturing distiller, or wine producer; as a
wholesaler and as a retailer; or as a retailer and as a wholesaler of any regulated beverage.
However:
(1) Any person who, from January 1, 1940, until July 28, 1948, was continuously a
duly licensed manufacturer in the state of any established brand of alcoholic beverage and
sold alcoholic beverages at wholesale and retail may be issued, subject to the other
requirements of this Chapter, permits as a manufacturer and as a wholesaler and as a retailer
of alcoholic beverages.
(2) Any person who, from January 1, 1947, until July 28, 1948, was the holder of a
wholesale or retail permit, or of both, may procure, subject to the other requirements of this
Chapter, permits under this Chapter either as a wholesaler or as a retailer, or as both.
(3) Any corporation, which on January 31, 2003, had held a wholesale dealer permit
continuously for at least the past three years and whose officer, director, or stockholder is
also an officer, director, or stockholder of a manufacturer, may be issued a wholesale dealer
permit.
(4) A wine producer may sell or serve its finished product at retail directly to
consumers at its winery.
(5) Provided that wine producers comply with the provisions of R.S. 26:90, wine
producers who own and operate one or more wineries, may sell or serve their finished
products at retail directly to consumers at fairs, festivals, farmers' markets and similar venues
defined by the commissioner pursuant to rules and regulations promulgated in accordance
with the Administrative Procedure Act.
(6) Provided that manufacturing distillers comply with the provisions of R.S. 26:90,
manufacturing distillers who own and operate one or more manufacturing distilleries may
sell or serve their finished products at retail directly to consumers at farmers markets and
similar venues defined by the commissioner pursuant to rules and regulations promulgated
in accordance with the Administrative Procedure Act.
(7) Notwithstanding any other provision of law to the contrary, wine producers who
operate one or more wineries may sell and ship directly to a consumer in Louisiana, provided
that the total amount of sparkling wine or still wine shipped to any single household address
does not exceed twelve cases of wine per adult person per household address per calendar
year. The packing in which the sparkling wine or still wine is shipped shall be received by
a person twenty-one years of age or older. A person receiving a package of sparkling wine
or still wine shall present proof of age as provided in R.S. 26:90 at the time of delivery.

Legislative History

Acts 1987, No. 696, §1; Acts 2003, No. 519, §1, eff. June 20, 2003; Acts 2006, No. 808, §1, eff. June 30, 2006; Acts 2011, No. 327, §1, eff. June 29, 2011; Acts 2018, No. 606, §1; Acts 2019, No. 181, §1, eff. July 1, 2019; Acts 2023, No. 129, §1.