lra Recent News

Louisiana Restaurant Association
  • About Us
    • Upcoming Events
    • Leadership >
      • Past LRA Chairs
    • Advertising & Media
    • LRA Staff Directory
    • LRA Recent News
    • Contact Us
  • Membership
    • COVID
    • Benefits
    • Membership Application
    • Advocacy
    • Chapters
    • Louisiana Restaurant Legends
    • ADA Compliance Disclaimer
    • Member Login
  • Training
    • ServSafe Foodservice Manager
    • ServSafe Alcohol
    • ServSafe Allergens
    • ServSafe Food Handler
    • ServSuccess
    • Manage My Restaurant
  • LRA SIF
    • Agents & Brokers
    • Leadership
    • Coverages
    • Claims
    • Loss Prevention
    • Questionnaire
    • Compliance Reporting
    • LRA SIF Staff Directory
    • Contact Us
  • Showcase
    • Attendees >
      • 2021 Exhibitor List
    • Exhibitors
    • Be a Sponsor
    • Floor Plan
    • Hotels & Travel
    • Contact Us
  • Education
    • About Us
    • ProStart
    • Giving
    • Scholarships
    • Annual Partners
    • Contact Us

ATC Guidance for Breweries

10/5/2020

 
Recently, the Louisiana Office of Alcohol and Tobacco Control (“ATC) received numerous inquiries as to whether breweries can be granted additional retail opportunities or granted a conditional restaurant permit. Upon review, the agency determined that granting either request would violate the three tier system under Louisiana law.

Louisiana’s alcohol industry operates under a three tier system. This system is designed to stabilize the industry and prevent unlawful and unfair inducements or business practices (monopolies). It is also intended to promote and maintain a fair and level playing field. The structure of the three tier system is broken down into retail dealers, wholesalers, and manufacturers (breweries). According to Louisiana law, a brewery’s primary function is to manufacture its alcoholic beverages. The manufacturer may then sell the product to a wholesaler which distributes and sells to retail dealers. Each tier is responsible for a specific chain in the alcohol distribution process. Accordingly, La. R.S. 26:85 states in part that no person or business may at the same time, engage in business as an alcohol retailer, wholesaler and/or manufacturer or any combination thereof.

Nevertheless, Louisiana law provides a limited exception to breweries to allow operation of a taproom and to offer for sale its products direct to consumers for personal consumption onsite. Thus, the taproom operates is a way similar to a bar as its primary commodity and function is to sell alcoholic beverages on tap to patrons for consumption in a retail setting. It should be noted that the sales of the brewery’s products in the taproom are classified as retail sales although the taproom is NOT separately permitted as a bar or restaurant.

Considering the above, a brewery does not meet the requirements to be eligible for a conditional restaurant permit. La. R.S. 26:271.21 explicitly requires that an applicant for a restaurant conditional permit must first hold a Class A-General (AG) retail permit (A brewery holds a manufacturer permit). A conditional restaurant permit is a retail permit and thus granting such a permit to a manufacturer or brewery would be in direct violation of the three tier system, tied house rules as well as La. R.S. 26:85.
​
For the above reasons, it is the agency’s position that granting additional retail opportunities or granting a conditional restaurant retail permit to a brewery is impermissible under the law. Additionally, the proposed actions would violate the three tier system and pose a competitive risk to the other tiers within the alcohol industry.

Comments are closed.

    Archives

    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017

    Categories

    All
    Boil Water Advisory
    Capitol Connection
    Chapter Awards
    Chapter Fundraisers
    Educational
    Emergency
    EMV
    Endorsed Providers
    EXPO
    Food News
    Food Recall
    Health Care
    LRA SIF
    ProStart
    Restaurant Legends
    Scholarships
    Workforce Development

    RSS Feed

ADA Compliance Disclaimer
Privacy Policy 
 Copyright Louisiana Restaurant Association.  All Rights Reserved.
2700 N. Arnoult Road | Metairie, LA  70002
Phone: (504) 454-2277  | sitemap
MemberClicks
  • About Us
    • Upcoming Events
    • Leadership >
      • Past LRA Chairs
    • Advertising & Media
    • LRA Staff Directory
    • LRA Recent News
    • Contact Us
  • Membership
    • COVID
    • Benefits
    • Membership Application
    • Advocacy
    • Chapters
    • Louisiana Restaurant Legends
    • ADA Compliance Disclaimer
    • Member Login
  • Training
    • ServSafe Foodservice Manager
    • ServSafe Alcohol
    • ServSafe Allergens
    • ServSafe Food Handler
    • ServSuccess
    • Manage My Restaurant
  • LRA SIF
    • Agents & Brokers
    • Leadership
    • Coverages
    • Claims
    • Loss Prevention
    • Questionnaire
    • Compliance Reporting
    • LRA SIF Staff Directory
    • Contact Us
  • Showcase
    • Attendees >
      • 2021 Exhibitor List
    • Exhibitors
    • Be a Sponsor
    • Floor Plan
    • Hotels & Travel
    • Contact Us
  • Education
    • About Us
    • ProStart
    • Giving
    • Scholarships
    • Annual Partners
    • Contact Us