ACADIA PARISH

ARTICLE III. – HOURS OF SALE AND CONSUMPTION, AND CLOSING OF CERTAIN ESTABLISHMENTS [4]

Sec. 3-52. – Sales generally.

Sec. 3-53. – Sales of beverage of high alcoholic content limited.

Sec. 3-54. – Sales of beverage of low alcoholic content limited.

Sec. 3-55. – Consumption of beverage of high and/or low alcoholic content limited.

Sec. 3-56. – Sales by certain establishments limited closing required; exceptions.

Sec. 3-57. – Violations and penalties.

Sec. 3-52. – Sales generally.

The sale of any intoxicating, spirituous, alcoholic, vinous or malt liquors, whether of more or less than six (6) percent of alcohol by volume, is permitted every day except as hereinafter provided, restricted or prohibited.

(Ord. No. 682, § 1, 5-1-96; Ord. No. 689, § 1, 7-3-96)

Sec. 3-53. – Sales of beverage of high alcoholic content limited.

The sale of intoxicating, spirituous, alcoholic, vinous or malt liquors of an alcoholic content of more than six (6) percent by volume between the hours of 2:00 a.m. and 6:00 a.m. is prohibited.

(Ord. No. 682, § 2, 5-1-96; Ord. No. 689, § 2, 7-3-96)

Sec. 3-54. – Sales of beverage of low alcoholic content limited.

The sale of intoxicating spirituous, alcoholic, vinous and malt liquors of an alcoholic content of less than six (6) percent by volume between the hours of 2:00 a.m. and 6:00 a.m. is prohibited.

(Ord. No. 682, § 3, 5-1-96; Ord. No. 689, § 3, 7-3-96)

Sec. 3-55. – Consumption of beverage of high and/or low alcoholic content limited.

(a)    The consumption of intoxicating, spirituous, alcoholic, vinous or malt liquors, whether of more or less than six (6) percent of alcohol by volume, in any public establishment, between the hours of 2:30 a.m. and 6:00 a.m. is prohibited.

(b)   It shall be unlawful for any house of public entertainment, as provided in R.S. 33:1236(6), or the holder of an occupational retail license, his employees or agents, to permit consumption of alcoholic beverages at their establishment or place of business in the Parish of Acadia (outside the corporate limits of incorporated villages, towns and cities) between the hours of 2:30 a.m. and 6:00 a.m. on any day.

(Ord. No. 682, § 4, 5-1-96; Ord. No. 689, § 4, 7-3-96)

Sec. 3-56. – Sales by certain establishments limited closing required; exceptions.

Any establishment where intoxicating, spirituous, alcoholic, vinous or malt liquors, whether of more or less than six (6) percent of alcohol by volume, are the principal commodities sold or handled shall close and remain closed continuously between the hours of 2:30 a.m. and 6:00 a.m. This section includes, but is not limited to, the bar or cocktail lounge portion of any hotel and/or motel and/or restaurant.

(Ord. No. 682, § 5, 5-1-96; Ord. No. 689, § 5, 7-3-96)

Sec. 3-57. – Violations and penalties.

(a)    Upon the first conviction of violating any of the provisions of sections 3-52 through 3-56 inclusive, the violator’s permits required for the sale of beverages of high and/or low alcoholic content shall be suspended for a period of fifteen (15) days commencing the day following the final judgment of said conviction.

(b)   Upon the second conviction of violating any of the provisions of sections 3-52 through 3-56 inclusive, the violator’s permits required for the sale of beverages of high and/or low alcoholic content, shall be suspended for a period of thirty (30) days commencing the day following the final judgment of said conviction.

(c)    Upon the third or subsequent conviction of violating any of the provisions of sections 3-52 through 3-56 inclusive, the violator’s permits required for the sale of beverages of high and/or low alcoholic content, shall be revoked effective the day following the final judgment of said conviction.

(d)   Upon the first conviction of violating any of the provisions of sections 3-51 through 3-55 inclusive, the violator’s occupational retail license shall be suspended for a period of fifteen (15) days commencing the day following the final judgment of said conviction.

(e)    Upon the second conviction of violating any of the provisions of sections 3-52 through 3-56 inclusive, the violator’s occupational retail license shall be suspended for a period of thirty (30) days commencing the day following the final judgment of said conviction.

(f)    Upon the third or subsequent conviction of violating any of the provisions of sections 3-52 through 3-56 inclusive, the violator’s occupational retail license shall be revoked effective the day following the final judgment of said conviction.

(g)   In addition to the penalties described above, upon conviction of violating any of the provisions of sections 3-52 through 3-56, inclusive, a violator shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than six (6) months, or both.

(Ord. No. 682, § 6, 5-1-96; Ord. No. 689, § 6, 7-3-96)

Sec. 3-39. – Disturbing the peace, disorderly conduct.

No person holding a retail dealer’s permit and no servant, agent, or employee of the permittee shall, upon the licensed premises, permit any disturbance of the peace or obscenity, or any lewd, immoral or improper entertainment, conduct, or practices on the licensed premises.

(Ord. No. 251, § VI, 2-8-49; Ord. No. 252, § VI, 2-8-49)

State law reference— Similar provisions, R.S. 26:88(5), 26:285(5).

Sec. 3-3. – Permits required.

(a)    No person shall engage in the business of selling, either at retail or at wholesale, any beverages of high alcoholic content or any beverages of low alcoholic content without permits authorizing such sales issued by the parish and the state.

(b)   The exposing of any such beverages in any quantity or the advertising of same for sale or distribution, in any place of business within the parish shall be deemed sufficient evidence of an intention to engage in the business of selling the same.

(Ord. No. 251, §§ I, III, 2-8-49; Ord. No. 252, §§ I, III, 2-8-49)

State law reference— Power of parish to require permits from dealers of beverages of high alcoholic content, R.S. 26:73; power of parish to require permits from dealers of beverages of low alcoholic content, R.S. 26:273.

Sec. 3-12. – Location restrictions.

No permit required herein shall be granted for any premises situated within five hundred (500) feet or less distance of a building occupied exclusively as a church or synagogue, public library, public playground or school, except a school for business education conducted as a business college or school. The measurement to be taken shall be as a person walks using the sidewalk from the nearest point of property line of the church or synagogue, public library, public playgrounds or school, to the nearest point of the premises to be licensed as described in the application; provided, however, that these restrictions shall not apply to any premises which are maintained as a bona fide hotel, railway car, or bona fide fraternal organization. In undeveloped rural areas, the distance shall be measured in a straight line from the nearest point to the nearest point of the respective premises or grounds. The restrictions contained in this section do not apply to premises which are maintained as a bona fide hotel, railroad car, or fraternal organization, nor to any premises licensed to deal in alcoholic beverages for a period of one year prior to February 8, 1949.