La. Admin. Code tit. 55 § VII-103

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-103 - Credit Sale of Beer Prohibited- Retail Dealer Checks

A. The sale of beer by a wholesale dealer to a retail dealer shall be made only for cash. Any maneuver, device, or shift of any kind by either wholesaler or retailer, whereby credit is extended or obtained, is a violation of the Beer Cash Law.

B. Only retail beer dealers operating under a documentary permit, issued to them by the collector of revenue, may give a check for the payment of beer, and then only when such check is given and accepted in accordance with these regulations.

C. A check given by a retail dealer in payment for beer shall be considered a cash consideration only when the following conditions are met.

1. The check is drawn on the account of the retail dealer making the purchase.

2. The check is given not later than simultaneously upon delivery of the beer.

3. The check is dated not later than the date of delivery of beer.

4. The check is for an amount not exceeding the total invoice price.

5. The check is paid by the drawee bank when first presented for payment.

D. Retail dealer checks accepted by a wholesale dealer may not be surrendered back to the retail dealer for cash before first presenting the check to the bank for payment in accordance with these regulations.

E. An applicant for a retail beer permit commencing a new business, or taking over a going business, may not give a check in payment for beer until the documentary permit has been issued by the Collector of Revenue; the applicant must meet payment with cash, or, with certified payment.

F. A check returned unpaid because of being drawn against uncollected funds is a violation of the Beer Cash Law; the dealer issuing the check may not claim the reason for the check being unpaid as a defense for the violation.

La. Admin. Code tit. 55, § VII-103

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.