Adopted

AMENDMENT NO 2 PROPOSED TO

House Bill No.  997

BY: Representative Lamar

AMEND by inserting the following language after line 242:

     "(9)  No alcoholic beverages shall be delivered to a retailer other than alcoholic beverages that have been stored or warehoused for no less than forty-eight (48) hours at a premise in this state owned, rented or leased by a wholesaler.

     (10)  (a)  No wholesaler may sell and no retailer may purchase alcoholic beverages except for cash or on terms requiring payment by the retailer in accordance with paragraph (b) of this subsection (10).  A wholesaler who accepts a check or draft as payment from a retailer for the purchase of alcoholic beverages must deposit the check or draft in the bank for payment or present the check or draft for payment within five (5) business days after it is received.

          (b)  On purchases made from the first through the fifteenth day of a month, payment must be made on or before the twenty-fifth day of that month.  On purchases made on the sixteenth day through the last day of a month, payment must be made on or before the tenth day of the following month.  An account is not delinquent if payment is received by the wholesaler not later than the fourth business day after the date payment is due under this paragraph (b).

          (c)  Each delivery of alcoholic beverages shall be accompanied by an invoice giving the date of purchase.  If a retailer becomes delinquent in the payment of an account for alcoholic beverages, the wholesaler immediately shall report that fact in writing, including by electronic mail or facsimile transmission, to the commission.  A wholesaler may not sell any alcoholic beverages to a retailer who is delinquent until the delinquent account is paid in full and cleared from the records of the commission, provided that sales to delinquent retailers can be made on a cash on delivery basis.  An account becomes delinquent if it is not paid when it is required to be paid under paragraph (b) of this subsection (10).

          (d)  The commission may not accept the voluntary cancellation or suspension of a permit or allow a permit to be renewed or transferred if the permit holder is delinquent in the payment of an account for alcoholic beverages under this subsection (10).  A person whose permit is canceled by the commission or whose permit has expired is not eligible to hold any other permit or license under this chapter until the person has cured any delinquency of the person under this section.

          (e)  It shall be unlawful for a wholesaler to accept a postdated check, a note or memorandum, or participate in a manner to assist a retailer in the violation of this subsection (10).

          (f)  Nothing in this subsection (10) shall require a wholesaler to makes sales to a retailer on a credit basis.  A wholesaler may at any time require that sales be made on a cash on delivery basis. "