Could a Louisiana liquor retailer pick up alcohol from a wholesaler's warehouse instead of receiving wholesaler delivery?

Plain-English summary

A Louisiana state representative asked whether a licensed liquor wholesaler had to deliver every sale to the retailer's premises, or whether the retailer could collect the beverages at the wholesaler's warehouse. In this 2006 opinion, the Attorney General concluded that retailer pickup and transport were not prohibited by the Alcoholic Beverage Control Law.

The opinion distinguished the wholesaler's legal duties from a requirement to operate every trip to a retailer. The quoted law required the beverages to reach the wholesaler's permitted business location, be received and warehoused there, and come to rest before delivery to a retailer. Another provision required the wholesaler to maintain delivery equipment. The AG found that neither requirement barred a retailer from buying at that warehouse and carrying its purchase to its own premises.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did a wholesaler have to drive every order to a retailer in 2006?

The AG said no provision of the Alcoholic Beverage Control Law prohibited a retailer from buying the beverages at the wholesaler's warehouse and transporting them to its retail premises.

Could the wholesaler bypass its warehouse when the retailer would handle transport?

The opinion did not approve bypassing the warehouse. It quoted R.S. 26:359's requirement that covered beverages be received and warehoused at the wholesaler's permitted place of business and come to rest there before delivery to a retailer.

Did the wholesaler's duty to maintain delivery equipment require it to make this particular delivery?

No. The opinion acknowledged the delivery-equipment requirement in R.S. 26:82, then concluded that it did not prohibit retailer pickup at the warehouse.

Did the opinion decide which retailer vehicles or routes could be used?

No. Its answer concerned whether the retailer could transport beverages after purchasing them at the wholesaler's warehouse. It did not analyze vehicle or route requirements.

Background and statutory framework

The request posed a choice between retailer pickup and mandatory wholesaler delivery. The AG quoted R.S. 26:359 on distribution through wholesalers and receipt at the wholesaler's permitted location. It also quoted R.S. 26:82 on warehouse space, stock and delivery equipment for wholesale permit holders. Its conclusion turned on the absence of a prohibition on the retailer's subsequent transport, despite those wholesaler requirements.

Citations

• R.S. 26:359 (distribution through wholesalers and warehouse receipt).
• R.S. 26:82 (wholesale permit requirements, including delivery equipment).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0411

Original opinion text

January 20, 2006
OPINION 05-0411

55-B INTOXICATING LIQUORS – Permits, Licenses, & Fees
Honorable M. P. “Pete” Schneider, III R.S. 26:359; R.S. 26:82
State Representative
No provision of the Alcoholic Beverage Control Law,
R.S. 26:1, et seq., prohibits a retailer from purchasing
P. O. Box 669
alcoholic beverages at the warehouse of a wholesaler
Slidell, LA 70459
and thereafter transporting the beverages to the
retailer’s premises.
Dear Representative Schneider:

This office is in receipt of your request for an opinion of the Attorney General regarding the following question:

Can a retailer licensed to sell alcoholic beverages purchase alcoholic beverages at the warehouse of a liquor wholesaler licensed in Louisiana and transport said beverages to its retail premises or do all alcoholic beverages sold by a licensed wholesaler in Louisiana have to be delivered to the licensed retailer’s premises by the wholesaler?

Of import are specific provisions of R.S. 26:359 and R.S. 26:82 stating in pertinent part:

§ 359. Distribution of alcoholic beverages through wholesalers only

A. Except as provided in Subsection B of this Section and R.S. 26:271.1 and 326, no alcoholic beverages as defined in R.S. 26:241(1) produced or manufactured inside or outside of this state shall be sold or offered for sale in Louisiana, or shipped or transported into or within the state, except to the holder of a wholesaler's permit. Delivery of alcoholic beverages produced or manufactured inside or outside of this state shall be made at the place of business of the wholesaler shown on the wholesaler's permit, and must be received and warehoused by the wholesaler at that place of business, where such alcoholic beverages shall come to rest before delivery is made to any retailer.
(Emphasis added).

§ 82. Issuance of wholesale permit

Page 2

Honorable M. P. “Pete” Schneider, III
OPINION 05-0411
Page 2

A. No wholesale permit shall be issued or held after issuance by any person unless at all times he meets the standards set forth as follows:
(1) Maintains warehouse space either owned or leased by the wholesaler, or dedicated to his use in a public warehouse, and:
(a) Such space shall be sufficient to store at one time a stock of liquor equal to ten percent or more of the wholesaler's annual case volume of liquor sales to retailers within this state, or (b) Maintains at all times in the warehouse a stock of liquor owned by him, not consigned, nor then sold, consisting of not less than five percent of his annual sales to retailers, and whose cost of acquisition is fifty thousand dollars or more.
(2) Maintains delivery equipment which shall be leased, owned, or dedicated to his use.

R.S. 26:359 requires that delivery of alcoholic beverages produced or manufactured inside or outside of this state shall be made at the place of business of the wholesaler shown before delivery is made to any retailer. R.S. 26:82 requires the wholesaler to maintain delivery equipment. However, neither statute, nor any other provision in the Alcoholic Beverage Control Law, R.S. 26:1, et seq., prohibits a retailer from purchasing alcoholic beverages at the warehouse of a wholesaler and thereafter transporting the beverages to the retailer’s premises.

We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: ______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 3

Honorable M. P. “Pete” Schneider, III
OPINION 05-0411
Page 3

SYLLABUS

OPINION 05-0411

55-B INTOXICATING LIQUORS – Permits, Licenses, & Fees

R.S. 26:359; R.S. 26:82

No provision of the Alcoholic Beverage Control Law, R.S. 26:1, et seq., prohibits a retailer from purchasing alcoholic beverages at the warehouse of a wholesaler and thereafter transporting the beverages to the retailer’s premises.

Representative M. P. “Pete” Schneider, III
P. O. Box 669
Slidell, LA 70459

Date Received:
Date Released: January 20, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL