§242. Self-distribution

            A. Notwithstanding any provision of law to the contrary, a brewer who operates a brewing facility located entirely in the state of Louisiana that produces less than five thousand barrels of beer or other malt beverages annually at the brewing facility and holds both an in-state manufacturer's permit and a brewer's self-distribution permit issued pursuant to R.S. 26:271 may self-distribute to the following:

            (1) A secondary location wholly owned by the brewer holding the self-distribution permit.

            (2) A retailer holding a Class A permit issued pursuant to R.S. 26:71.1 or 271.2, a Class B permit issued pursuant to R.S. 26:71 or 271, a Class C permit issued pursuant to R.S. 26:71.2 or 271.3, or a Type A, B, or C temporary alcoholic beverage permit issued pursuant to R.S. 26:793.

            B. A brewer who operates a brewing facility located entirely in the state of Louisiana may obtain a permit to self-distribute beer or other malt beverages brewed at its brewing facility under the following conditions:

            (1)(a) The quantity of beer brewed at the brewing facility that is self-distributed to a secondary location shall be included in the quantity limitations for selling products for on- or off-the-premises consumption in R.S. 26:241(18) for the producing brewing facility and shall not exceed an amount greater than fifty percent of the secondary location facility's production of beer for the previous month.

            (b) If a brewer self-distributes to a secondary location, the brewing facility at which the beer is produced shall maintain no less than a ten-barrel brewing system and the secondary location shall maintain no less than a five-barrel brewing system.

            (2) If a brewer self-distributes to retailers the following shall apply:

            (a) No more than three thousand barrels of beer brewed at the brewing facility may be self-distributed to all retailers annually.

            (b) The product shall be offered at a standard price to all retailers.

            (3) The brewer or brewing facility does not have an existing distribution agreement with a permitted wholesale dealer.

            (4) The brewer or brewing facility owns or leases warehouse space that shall be maintained separate from the brewing facility.

            (5) The brewer or brewing facility owns or leases delivery equipment dedicated for the primary use of distribution and delivery of only those products brewed at the brewing facility.

            (6) The brewer shall remit all state sales and excise taxes on all beer or other malt beverages produced at its brewing facility that is self-distributed to a secondary location. The secondary location shall remit all parish or municipal sales and excise taxes on any amount received through self-distribution by the brewer to the proper tax collecting authority for all products sold to the public.

            (7) The brewer or brewing facility shall provide a monthly report of all sales from the brewing facility and all sales from self-distribution to the office of alcohol and tobacco control.

            C. A brewing facility may enter into a distribution agreement with a permitted wholesale dealer or make application for a self-distribution permit. However, no brewing facility shall distribute through the permitted wholesale dealer and self-distribution.

            D. Any brewing facility that engages in self-distribution shall be subject to LAC Title 55, Part VII.

            Acts 2022, No. 467, §1.