The original instrument was prepared by Alan Miller. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Brandi
Cannon.
DIGEST
SB 178 Reengrossed 2020 Regular Session Allain
Present law adds additional ATC-issued permits for the delivery of low alcohol content beverages
by restaurants, grocery stores, holders of a package house-Class B permit, and third parties, and sets
the amount of the fees for such permits.
Proposed law removes the limitation on delivery of only low alcohol content beverages for package
house-Class B permit.
Proposed law provides that only malt beverages, sparkling wine, and still wine may be delivered
from the licensed premises of a restaurant permit holder.
Present law defines a "third party delivery company" as a third party delivery service that is licensed
to do business in the state of La., permitted with ATC, and uses their own W-2 employees for
delivery.
Proposed law retains present law but also provides that a third party delivery company may also
utilize the service of agents that receive an IRS Form 1099 as proof of compensation for their
services. Persons that receive an IRS Form 1099 are considered independent contractors and not
employees.
Proposed law defines a "third party platform" as a third party service that is licensed to do business
in the state of Louisiana that performs work with its own employees or agents for which the platform
is required to file an IRS Form W-2 or 1099.
Present law prohibits alcoholic beverages from being delivered more than 10 miles from the place
of purchase.
Proposed law expands the delivery area from 10 miles to 25 miles from the place of purchase in a
parish having a population of less than 100,000 according to the latest federal decennial census.
Proposed law provides that a third party delivery company, third party platform, or its authorized
agent may also act as an agent of a retail dealer for the purposes of processing, assembling,
packaging, and fulfilling alcoholic beverage orders for delivery from the retailer's licensed premises
with no additional permit required of a retail dealer who has contracted with a third party delivery
company or third party platform for the purpose of processing, assembling, packaging, and fulfilling
alcoholic beverage orders for delivery from the retailer's licensed premises.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 26:271.2(2)(b), 271.4, and 308(A), (B), (C)(1), (2), (8) and (11)(b), (D), (E), and
(F)(1); adds R.S. 26:241(26))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the original bill
1. Adds definition for "third party platform".
2. Adds authority for a third party platform to perform the same services as a third party
delivery company.
3. Extends the delivery area for places of purchase located in parishes with a population
under 100,000 from 10 to 25 miles.
4. Changes proposed law to retain present law provision requiring a liquor liability
endorsement on the third party delivery company's general liability insurance
company and adds some requirement for third party platform.
5. Changes proposed law from allowing alcoholic beverage delivery agreement between
a retail dealer and a third party to include the delivery of beverages of high and low
alcohol content to allowing delivery of beverages of high and low content from a
package house-Class B permit holder and malt beverages, sparkling wine, and still
wine from a restaurant permit holder.
Senate Floor Amendments to engrossed bill
1. Change the requirement for the third party delivery company or third party platform
to conduct an interview of a prospective delivery employee to a requirement to
conduct a screening.
2. Make technical changes.


Statutes affected:
SB178 Original: 26:2(2), 26:308(A)
SB178 Engrossed: 26:2(2), 26:308(A)
SB178 Reengrossed: 26:2(2), 26:308(A)
SB178 Enrolled: 26:2(2), 26:308(A)