Sec. 4-3. Hours of operation; penalties.
The hours of operation of all Class A, B or R license holders shall be from 6:00 a.m. daily until 3:00 a.m. the following day, Monday through Sunday. It shall be a criminal offense and as well a violation of this article for any holder of such detailed dealers license permit issued under this article, for a servant, agent or employee of same to dispense, in any manner, beverages described in section 4-1 of this chapter between the hours of 3:00 a.m. and 6:00 a.m.
Whoever violates the provisions of this section shall be fined not more than five hundred dollars ($500.00) nor imprisoned for more than sixty (60) days, or both.
(Ord. No. 49-2008, § 1, 2-26-2008)
Sec. 4-9. Employees in general.
Classified employee shall also mean any person employed or used in a Class A or R licensed retail business who, as a function of their duties, dispenses, sells or serves any alcoholic beverages as described in section 4-1 of this chapter. Persons required to hold permits under this section shall be referred to as classified employees and that classification, as used in this section, shall include, but not be restricted to mean bartenders, barmaids, waiters, waitresses, exotic dancers, bouncers, disc jockeys, cocktail waiters and cocktail waitresses, except that this subsection shall not apply to persons holding a dealer’s permit, or to a person holding a waiter/waitress alcoholic beverage permit as described in this chapter.
Retail clerk means any person employed or used in a Class B licensed retail business who, as a function of their duties, dispenses, sells or serves any alcoholic beverages as described in section 4-1 of this chapter. Persons required to hold permits under this section shall be referred to as retail clerks and that classification, as used in this section, shall include, but not be restricted to mean sales clerks, retail clerks, and check-out counter clerks.
Waiter/waitress means any person employed or used in a Class A, R, or Class A caterer licensed retail business whose primary function is to take orders for and serve food and food items and who also takes orders for and serves alcoholic beverages in conjunction with the serving of those meals. Persons required to hold permits, under this classification shall be referred to as waiter/waitress.
(Ord. No. 49-2008, § 2, 2-26-08)
Sec. 4-39. Zoning.
(a) All zoning requirements as required by the zoning ordinance of the city must be met prior to the time an application for an alcoholic beverage license is filed with the tax administrator or the city.
(b) It shall be unlawful for any person to sell or have in possession for sale or offer for sale any alcoholic beverage except in the commercial districts, and the industrial districts known as zoning districts “CBD”, “C-2”, “I-1” and “I-2” respectively, as defined and outlined in chapter 28 except by a special exception provided by ordinance of the city council. Such amendment shall be limited to the present tenant/owner and present use of structure. These special exceptions shall expire immediately upon change of tenant/owner or use.
(c) Where any zone “CBD”, “C-2”, “I-1” or “I-2” border upon a district designated in chapter 28 as “SF-1”, “SF-2” or “SF-3”, no sale of such beverage shall be allowed within three hundred (300) feet of any residence unless a special exception has been recommended by the Alcohol Beverage and Drug Abuse Control Commission and approved by ordinance of the City Council permitting the sale of alcoholic beverages within three hundred (300) feet of any residence, provided that this restriction shall not apply to Class B or C permits.
(d) No person operating a business which is presently classified as a nonconforming commercial use, as defined in the zoning ordinance of the city may apply for or be issued a Class A license or permit without first obtaining a petition of fifty-one (51) percent of the property owners within a three-hundred-foot radius of such business.
(Ord. Sec. 4-40. Public nuisances in the City of Alexandria; factors to be considered; procedure to abate; penalty and revocation.
(a) It shall be unlawful for any licensee/permittee’s establishment, place of business, and/or premises to become a public nuisance and against the public good and welfare of the community. In addition to other penalties provided in this chapter, any combination of the following activities that total to twelve (12) points within any twelve (12) consecutive month period shall be considered a public nuisance. Incidences or complaints may be considered by the mayor on recommendation of the chief of police. The following points shall be assigned to each specified activity:
(1) High violent crime activity: Arrests wherein any person sustained a physical injury on the premises of the establishment; or wherein any person sustained a physical injury from activities arising out of the premises of the establishment. Four (4) points.
(2) Drug-related activity: Arrests for any violation of any provision of the Louisiana Uniform Controlled Dangerous Substance Act, R.S. 40:961 et seq., on the premises of the establishment; or for activities arising out of the premises of the establishment. Four (4) points.
(3) Prostitution-related activity: Arrests for prostitution or solicitation for prostitution or any related provisions of the Louisiana Criminal Code, R.S. 14:82 et seq., or any corresponding city or parish ordinance on the premises of the establishment; or for activities arising out of the premises of the establishment. Four (4) points.
(4) Sale of alcohol beverages to minors. Three (3) points.
(5) Sale of tobacco or tobacco products to minors. Three (3) points.
(6) Sale, exhibition or distribution of materials harmful to minors. Three (3) points.
(7) Disturbance-related activity:
- Arrests and/or citations arising out of disturbances from the premises of the establishment. Two (2) points.
- Arrests and/or citations arising out of disturbances from the premises of the establishment to residents of normal sensitivities living in any neighborhood adjacent to the premises of the establishment. Three (3) points.
- In evaluating the points assessed against a licensee/permittee for a violation of subsections 4-40(a)(7)a. or b., the mayor may, in his sole discretion, reduce points by up to one-half (½) of the prescribed points if the licensee/permittee demonstrates, to the satisfaction of the mayor, that the licensee/permittee maintained security at the premises by a commissioned law enforcement officer at the time of the incident giving rise to the assignment of points.
(b) Whenever any evidence is presented to the mayor indicating that a permitted establishment shall have become a public nuisance, the mayor shall investigate the police records of the appropriate law enforcement agency or agencies. If this investigation shows that the permitted business has more likely than not become a public nuisance after considering the foregoing factors, the mayor shall initiate a hearing and shall make a recommendation of revocation to the alcohol beverage and drug abuse control commission.
(c) The mayor shall, in accordance with this chapter, and after a hearing before the alcohol beverage and drug abuse control commission and upon a finding of revocation, authorize the tax administrator to revoke the permit issued to any permitted establishment that has become a public nuisance. Any permit that has been revoked in accordance with this chapter shall not be re-issued or renewed for a period of twenty-four (24) months.
(d) Before any permit is revoked pursuant to this section, the licensee/permittee shall be entitled to a hearing before the alcohol beverage control commission. A permit may be revoked pending any appeal to any court of competent jurisdiction, unless in the ruling of the alcohol beverage control commission a stay of revocation is entered and a cash bond in favor of the city in an amount set by the alcohol beverage control commission is posted with the mayor.
(e) Upon surrender of a permit covering an establishment, place of business or premises that has accumulated a total of six (6) points within a twelve-month period, no permit covering that same establishment, place of business or premises shall be issued for a period for six (6) months from the date of surrender.
(f) The procedures for revocation set out in this section are in addition to other sanctions and powers of the mayor and the alcohol beverage control commission set out in this chapter, and do not supersede or replace other enforcement or penalty provisions of this Code.
(Ord. No. 49-2008, § 4, 2-26-08)
No. 49-2008, § 3, 2-26-08)