Many moons ago, I had a premature party over the passage of a law that I thought might have an impact on opening up taprooms to brewers in Louisiana. It turned out that the law was directed only at distillers (strange, right? distillers need a tasting room more than brewers?). But it never was a “live or die” issue for brewers – because the law has long provided a way to add a tasting room on premise.
La R.S. 26:273(C) has long provided an exception to the strict three tier regulations enforced in Louisiana. Under that law, brewers could build an on-premise tasting room and sell 10% of their monthly production directly to consumers – both in pints and growlers to go. The odd thing was that no one knew it. When I spoke with an ATC agent last year, I learned that not a single Louisiana brewer had obtained the retail A permit required to have the tasting room.
Perhaps many were confused about the rules. I don’t blame them. So the ATC put together a nice little brief on their website, outlining the rules. Oddly enough, I just now saw it despite being published over 10 months ago. Whoops. Better late than never. Because I think this does a better job of explaining the law to you – than my previous post did:
July 3, 2012
Malt Beverage Manufacturers and Limited Use Retail Permit
Pursuant to R.S. 26:273C holders of a valid Louisiana Malt Beverage Manufacturer Permit, located entirely within the state of Louisiana, may obtain a Class A retail permit if the holder of the Malt Beverage Manufacturer Permit applies for and meets all qualifications for a Class A retail permit as set out in R.S. 26:271 and 271.2. Class A retail permits issued pursuant to the provisions of this subsection are subject to the following limitations:
- The manufacturer shall only make retail sales of products brewed by the manufacturer at the brewing facility holding the retail permit.
- The manufacturer is only authorized to make retail sales at the licensed premises where the malt beverages are brewed.
- Retail sales to visitors of the brewing facility shall only be for personal consumption by said visitors. However, the retail sales may be made to visitors of the facility for consumption on the licensed premises and to visitors in appropriately sealed containers for consumption off the licensed premises.
- The total amount of retail sales by the manufacturer for any given month shall not exceed ten percent of the total amount of all beverages produced on the licensed premises for that month.
- The manufacturer shall obtain all local retail permits required by the municipal or parish governing authority.
- The manufacturer shall remit all applicable state and local taxes resulting from retail sales made at the licensed premises.
- A manufacturer holding a retail permit pursuant to this subsection shall comply with the terms of the Louisiana Responsible Vendor Program.
- A legal entity holding a malt beverage manufacturer permit shall not be authorized to obtain more than one Class A retail permit.
Louisiana Office of Alcohol and Tobacco Control
8585 Archives Avenue, Suite 220 • Post Office Box 66404 • Baton Rouge, Louisiana 70896-6404 (225) 925-4041 • Fax (225) 925-3975