La. Admin. Code tit. 55 § VII-101

Current through Register Vol. 50, No. 9, September 20, 2024
Section VII-101 - Definitions
A. For use in these regulations, the following terms are defined.

Beer- (as used in these regulations) beer, porter, ale, or any malt beverage obtained by alcoholic fermentation of an infusion, or concoction of barley, or other grain, malt and hops in water.

Cash Basis Order- the order issued by the commissioner after considering violations of the Beer Cash Law, which requires that a specified retailer must pay cash (currency and/or coin) for beer.

Cash Payment Basis- a retail dealer is required to pay for beer with currency and/or coin.

Cash Sale- (as used in R.S. 26:741 and in this regulation) the sale of beer for a consideration passing simultaneously upon delivery of merchandise, which consideration shall be currency or coin, or check as provided herein, or, bank certified items of cashier's check, certified check, or bank money order.

Cash Sales of Beer Law or Beer Cash Law- the provisions of Act No. 466 of 1948, the current reference being 1950 Louisiana R.S. 26:741.

Certified Payment Basis- bank certified items which a retail dealer may use in payment for beer, as, cashier's check, certified check, or bank money order.

Check- an order in writing by a beer permittee, written in accordance with the rules of the bank on which it is drawn, ordering the bank to pay a certain sum of money from the account of said permittee and to the order of a payee wholesaler.

Commissioner- the Commissioner of Alcoholic Beverage Control for the State of Louisiana, or his agent.

Documentary Permit- the document issued by the collector of revenue to show that the application to engage in business as a beer dealer is approved, which document will show to whom the permit was issued (the permittee), the address location of the business, kind of permit, the year for which issued and date of issuance.

Hearing- the procedural matter of the commissioner setting and conducting a hearing to determine findings on violations of the Beer Cash Law by retailers and wholesalers.

Hearing Officer- the person in charge of the hearing on violations of the Beer Cash Law for the commissioner.

Notice of Hearing- the commissioner's written notice sent to dealers containing information of a hearing to be held on violations, which notice shall specify place, date and time.

Permit Suspension Order- the order issued by the commissioner suspending the privilege license of doing business as a beer dealer after a hearing.

Retail Dealer or Retailer- every person who sells, offers for sale, exposes for sale, or has in possession for sale and distribution, beer or malt beverages in any quantity to person other than to wholesaler or other retailers.

Uncollected Funds- bank terminology where items are accepted by the bank as a deposit for collection to be credited to the account of the depositor after collection, and which collection has not cleared by the bank.

Wholesale Dealer or Wholesaler- every person who sells, or offers for sale beer to other wholesale dealers, or to retail dealers for resale within the state, or to any person for delivery beyond the borders of the state.

La. Admin. Code tit. 55, § VII-101

Adopted by the Department of Public Safety, Office of Alcoholic Beverage Control, 1948, filed at the Office of the State Register, 1974.
AUTHORITY NOTE: Promulgated in accordance with R.S. 26:32 and R.S. 26:793.