La. Admin. Code tit. 55 § VII-109

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

Section VII-109 - Wholesale Dealer Violations- Notices, Hearings and Findings

A. Any of the following when committed by a wholesale dealer shall be considered a violation of R.S. 26:741, the Cash Sales of Beer Law:

1. to use any maneuver, device or shift of any kind whereby credit is extended or payment is delayed for beer sold to a retailer;

2. failure to exact the full cash consideration on the sale of beer not later than at the time of delivery of beer to the retail dealer;

3. the acceptance of a check other than a check of a retail dealer operating under a documentary permit issued by the collector of revenue;

4. failure to exact cash payment or certified payment for beer from an applicant for a retail beer permit whose documentary permit has not been issued;

5. failure to deposit checks of retail dealers as required by §105 of these regulations;

6. failure to file with the commissioner within the prescribed time and in the proper form any reports or notices provided in these regulations;

7. selling of beer other than for cash to a retail dealer who is operating under the commissioner's cash basis order;

8. making a sale of beer to a retail dealer during the period the retail dealer is under the commissioner's permit suspension order;

9. failure to satisfactorily answer notice to appear at hearings on violations, or, failure to furnish requested information at hearing.

B. Whenever the commissioner has reason to believe a violation of R.S. 26:741 or these regulations has been committed by a wholesale dealer, he shall determine, according to the available records, if it is the first violation, or if prior violations have occurred, and proceed according to the following.

1. First Violation. The commissioner shall send a warning notice to the wholesale dealer.

2. Second Violation

a. The commissioner shall send a notice to the wholesale dealer that the records show that since the first violation was found, the wholesaler has committed another violation and that a hearing will be held at a specified time and place.

b. If, at the hearing on the second violation, the commissioner is satisfied that the violation did occur within one year of the first violation, then the permit of the violator may be suspended for a period of two days exclusive of Sundays, election days and legal holidays and the violator may be fined not less than $50 but not more than $500.

3. Third Violation

a. The commissioner shall send a notice to the wholesale dealer that the records show that since the second violation was found, the wholesaler has committed another violation and that a hearing will be held at a specified time and place.

b. If, at the hearing on the third violation, the commissioner is satisfied that the violation did occur within one year of the first violation, then the violator may be suspended for a period of five days, exclusive of Sundays, election days and legal holidays and the violator may be fined not less than $250 but not more than $1,000.

4. Fourth Violation

a. The commissioner shall send a notice to the wholesale dealer that the records show that since the third violation was found, the wholesaler has committed another violation and that a hearing will be held at a specified time and place.

b. If, at the hearing on the fourth violation, the commissioner is satisfied that the violation did occur within one year of the first violation, then the violator may be suspended for a period of 10 days, exclusive of Sundays, election days and legal holidays and the violator may be fined not less than $500 but not more than $2,500.

C. When there are violations found subsequent to the fourth violation, the commissioner will likewise set hearing as in the third and fourth violations, and if, after the hearing, the commissioner is satisfied that the violation did occur within one year of the first violation, then the violator may be suspended for a period of 90 days, or the revocation of the permit holder may be ordered, and, in addition to either, the violator may be fined not less than $3,000 but not more than $10,000.

La. Admin. Code tit. 55, § VII-109

Adopted by the Board of Alcoholic Beverage Control, 1948, amended by the Department of Public Safety and Corrections, Office of Alcoholic Beverage Control, LR 19:1175 (September 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 26:741.