La. Admin. Code tit. 55 § VII-307

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

Section VII-307 - Regulation IV- Definitions and Explanations

A. Definitions

Alcoholic Beverages- [as used in R.S. 26:80(E), (F), (G), and (H)] interpreted as defined in R.S. 26:2(1).

Bona Fide Wholesaler- a dealer who in good faith truly and openly conducts the business of wholesaling alcoholic beverages to retailers in an immediate trade area without any simulation or pretense as to his true classification as a wholesaler.

Immediate Trade Area- (as used in R.S. 26:80) that geographical area in which a wholesale permittee in good faith actually carries on and intends to carry on a bona fide wholesale business by regular sales and deliveries of alcoholic beverages on hand to at least 20 percent of the retail permittees carrying on business in such area with separate sales to said retailers accounting for at least 50 percent of the gallonage handled by said wholesale permittee.

Liquor- [as used in R.S. 26:80(D)] interpreted as defined in R.S. 26:2(2).

B. Every bona fide wholesale dealer must necessarily have an immediate trade area the size of which depends upon the scope and extent of his operation.

C. Every applicant for a wholesale license must define his immediate trade area, as defined above, at the time of application. An applicant's designation must be reasonable and must not contain artificial or unrealistic areas, or areas amounting to a pretense or simulation.

D. No wholesale permit shall be issued to any applicant, or, if issued no wholesale permit shall be held by any permittee unless such applicant or permittee, at all times throughout the license year, meets and maintains, in addition to all other qualifications and requirements provided by law, the applicable standards set forth in R.S. 26:80, and in these regulations.

E. A Schedule B is required by the board of every wholesale permit applicant. This schedule must be filed prior to the issuance or renewal of any wholesale permit and must be answered in anticipation of the coming year's operation.

F. At any time during the license year, the board may require any wholesale dealer to file with the board any pertinent information requested in connection with his classification as a wholesale dealer.

G. At any time during the license year, the board may order an inspection and audit of any wholesale dealer in connection with his classification as a wholesale dealer.

H. All inspections and audits made and all Schedule B's on file shall remain confidential in the board's files, unless and until the same are used in connection with enforcement purposes or any denial, suspension or revocation preceding based upon R.S. 26:80(D), (E), (F), (G), and (H).

La. Admin. Code tit. 55, § VII-307

Adopted by the Department of Public Safety, Office of Alcoholic Beverage Control, 1966, filed at the Office of the State Register, 1974.

AUTHORITY NOTE: Promulgated in accordance with R.S. 26:32.