Parish Ordinances
Sec. 3-1.1. Public drinking and possession of open drinking containers prohibited; special permits; exception; penalty.
(a)
Except as specifically authorized by a permit issued pursuant to this section, it is unlawful for any person to drink from or possess any opened drinking container in or on any public street, sidewalk, right-of-way, park, playground or other public place within the municipality. This is intended to include any and all vehicular traffic or stationary vehicles using or located on any public street, sidewalk, right-of-way, park, playground or other public place within the municipality.
(b)
For purposes of this section, an “opened drinking container” shall mean any container containing a beverage of low alcoholic content or a beverage of high alcoholic content in which the container is open in any manner that would permit the contents to be consumed or poured, or any container of a beverage of low alcoholic content or of a beverage of high alcoholic content upon which the seal has been broken or the contents exposed to the air.
(c)
For purposes of this section “public place” shall mean any place open to the public, except in those public places of business for which a permit has been issued pursuant to this chapter 3 of the Addis Code of Ordinances, but including the parking lot or other property which is part of or adjacent to any place of business for which a permit has been issued under this chapter 3 of the Addis Code of Ordinances. It is specifically intended that this section shall pertain to the porches, sidewalks and parking lots of all such licensed premises. “Porches” are deemed to be a portion of the permitted premises that are not totally enclosed with opaque walls.
(d)
Special permits authorizing drinking from or possessing any open container containing alcoholic beverages for limited times and occasions may be obtained from the Town of Addis. Said permit shall allow the drinking from or possessing of any open container containing alcoholic beverages in public places for specific, special occasions and shall be limited to the well-defined premises stated in said permit.
All permits shall be approved by the mayor and the board of aldermen or their duly authorized representative.
The length and duration of the specific, special function together with the “public place” to be utilized shall be stated in the application for said permit.
A fee, the amount of which shall be set from time to time by a vote of the town council meeting in regular or special session, may be charged for issuance for such permit. No permit may be issued for specific, special functions, unless said functions commence after 6:00 a.m. and conclude before 1:30 a.m.
(e)
Specifically held exempt from this section is that day designated by the mayor and the board of aldermen of the Town of Addis, for the Addis Ladies Auxiliary Fireman’s Carnival Parade. On this particular day only, drinking from or possessing any open drinking container containing alcoholic beverages in or on any public street, sidewalk, right-of-way, park, playground or other public place within the municipality shall be permitted. No special permit is required for this day.
(f)
Whoever violates this section shall be fined not more than five hundred dollars ($500.00) or shall be confined for not more than thirty (30) days, or both.
(Ord. No. 84-6, 12-5-84; Ord. No. 2010-2, 4-7-10)
Parish Ordinances
Sec. 4-2. – Closing hours in unincorporated areas.
(a)
It shall be unlawful for any person, firm or corporation, holding a permit from the Webster Parish Police Jury to sell and deal in alcoholic beverages, or any employee thereof, to sell, barter, exchange, give away, serve, dispense, deliver or otherwise dispose of, or to permit to be consumed on the licensed premises, any alcoholic beverages as hereinafter defined, within the Parish of Webster, State of Louisiana, between the hours of 12:00 a.m. on Saturdays and 6:00 a.m. the following Mondays, or between the hours of 1:00 a.m. and 6:00 a.m. on any other day of the week.
(b)
All taverns, houses of public entertainment and shops for the retailing of liquor or alcoholic beverages shall be closed between the hours of 12:00 a.m. on Saturdays through 6:00 a.m. on the following Mondays and between the hours of 1:00 a.m. and 6:00 a.m. on all other days of the week.
(c)
The owner, the manager, and any employee in charge of the establishment, shall be held liable for the closing of the establishment, and for keeping the establishment closed as provided in subsection (b) of this section.
(d)
The terms “alcoholic beverages” and “liquor”, as used herein, shall mean any fluid or any solid capable of being converted into fluid, suitable for human consumption, and containing more than one-half of one per cent alcohol by volume, including malt, vinous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider or wine.
(e)
This section shall apply only to that area of Webster Parish which is outside of legally incorporated cities, towns and villages.
(f)
Whosoever shall violate any of the provisions of this section shall, upon conviction, be sentenced to pay a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100.00), and to be imprisoned for not less than five (5) days nor more than thirty (30) days.
(g)
Violation of this section in any manner or to any degree shall constitute grounds for the withholding, denial, suspension or revocation of any permit or license for the manufacture, selling, serving or otherwise handling of alcoholic beverages of any alcoholic content as set forth hereinabove.
(h)
It shall be lawful for any operators of a grocery store to retail package liquor or package alcoholic beverages from 6:00 a.m. to 12:00 p.m. on each day of the week.
(Ord. No. 289, §§ 1—3, 9-2-41; Ord. No. 697, §§ 1—7, 7-3-73; Res. of 8-3-82; Amend. of 3-30-95)
Sec. 4-15. – Prohibition of business of selling.
The business of selling alcoholic and intoxicating liquors or either of them in wards one (1), three (3), four (4) or five (5) of Webster Parish, Louisiana [as of October 3, 1939 described as follows], is hereby prohibited, otherwise than when prescribed by a licensed physician as a medicine, said prohibition being hereby made pursuant to authority of special elections held in said [areas] and duly promulgated:
(1)
(Ward One.) Commencing at a point which is the intersection of the center line of Bayou Dorcheat and the Arkansas line, which line is the north boundary line of Webster Parish, continue south along the center line of said Bayou Dorcheat to the intersection of the township line between Township 21 North and Township 20 North; thence in an easterly direction along said township line to the east boundary line of Webster Parish; thence in a northerly direction along said east boundary line of Webster Parish to the Arkansas line which is the north boundary line of Webster Parish; thence in a westerly direction along said north boundary line of Webster Parish to the place of beginning.
(2)
(Ward Three.) Commencing at a point which is the intersection of the center line of Bayou Dorcheat and the line between Township 21 North and Township 20 North and following in a southerly direction along center line of Bayou Dorcheat and the center line of Lake Bistineau to the southern boundary line of Webster Parish; thence in a westerly direction along said southern boundary line of Webster Parish to the Bossier Parish line; thence in a northerly direction along the boundary line between Bossier and Webster Parishes to the line between Township 21 North and Township 20 North; thence in an easterly direction along said line between Township 21 North and Township 20 North to the point of beginning.
(3)
(Ward Four.) Commencing at a point which is the intersection of the center line of Bayou Dorcheat and the line between Township 21 North and Township 20 North, continue in a southerly direction along said center line of Bayou Dorcheat to the intersection of Bayou Dorcheat and Brushy Creek; thence in a northeasterly direction along the center line of said Brushy Creek to the intersection of the line between Township 19 North and Township 18 North; thence in an easterly direction along said line between Township 19 North and Township 18 North to its intersection with the east boundary line of Webster Parish; thence in a northerly direction along the east boundary line of Webster Parish to its intersection with the line between Township 21 North and Township 20 North; thence in a westerly direction to the point of beginning.
(4)
(Ward Five.) Commencing at a point which is the intersection of the center line of Brushy Creek and the center line of Bayou Dorcheat, continue in a southerly direction along the said line of Bayou Dorcheat and the center line of Lake Bistineau to the southern boundary line of Webster Parish; thence in an easterly direction along said southern boundary line of Webster Parish to the east boundary line of Webster Parish; thence in a northerly direction along the eastern boundary line of Webster Parish to the intersection of the line between Township 19 North and Township 18 North; thence in a westerly direction along said line between Township 19 North and Township 18 North to its intersection with Brushy Creek; thence in a southwesterly direction along the center line of Brushy Creek to its intersection with the center line of Bayou Dorcheat which is the point of beginning.
(Ord. No. 200, § 1, 1-3-39; Ord. No. 222, § 1, 10-3-39)
Sec. 4-30. – Prohibition of sale.
The sale or possessing for sale of alcoholic beverages is hereby prohibited in that portion of ward two of Webster Parish, as is now constituted lying east of Dorcheat Bayou, which formerly constituted the old ward one of Webster Parish, more particularly described as follows: Begin at a point on the Louisiana-Arkansas state line at the center of Dorcheat Bayou, and run east along the Louisiana-Arkansas state line to the eastern boundary of Webster Parish, Louisiana; thence run south along the eastern boundary of Webster Parish, Louisiana, to a point where the township line between Townships 20 and 21 intersects with the eastern boundary of Webster Parish; thence run west along said township line between Townships 20 and 21 to the center of Bayou Dorcheat; thence run north along the center of Bayou Dorcheat to the Louisiana-Arkansas state line to the point of beginning, outside municipalities.
Low Content
Sec. 4-64. – Hours of sale.
No person holding a permit under this article shall sell any beverage to which a permit applies between the hours of 12:00 midnight and 6:00 a.m. on weekdays, or between the hours of 12:00 midnight on Saturday and 6:00 a.m. on Monday next following.
(Ord. No. 710, § 14, 5-7-74)
Parish Ordinances
Sec. 6-67. – Hours of sales.
(a)
All establishments and premises licensed for the sale of alcoholic beverages and/or beer, located in the city, shall be closed for business at 12:00 midnight, and shall not be reopened until 6:00 a.m. the following morning and shall be closed all day Sunday, which means that period from 12:00 midnight at the close of Saturday to 12:00 midnight at the close of Sunday. However, the premises of a licensee where the licensed beverage is not the principal commodity sold may remain open for business on Sunday, provided the alcoholic beverages located in the premises, the sale of which is authorized by the license, shall be securely locked in a separate compartment, provided for this purpose, obscured from the public view from 12:00 midnight Saturday until 6:00 a.m. the following Monday. No alcoholic beverage, the sale of which is permitted under the license, shall be sold or otherwise disposed of during that period from 12:00 midnight at the close of Saturday until 6:00 a.m. the following Monday.
(b)
No person may be admitted to or be found in the licensed premises except as provided in this section after 12:00 midnight of any day or on Sunday, and all customers and patrons must be out of the premises by 12:15 a.m. The premises must be vacated and the lights turned off by 12:30 a.m.
(c)
The door to the premises may be opened after 12:00 midnight or on Sunday only for the purpose of permitting persons to leave the premises or for the admission of police officers, or in case of an emergency.
(d)
The provisions of subsections (b) and (c) of this section do not apply to licensed premises where the principal commodities sold are groceries or sundries.
(Code 1977, § 10-2002; Code 1995, § 6-57)
Sec. 6-71. – Sunday sales.
(a)
No person may sell, or permit or suffer to be sold on premises under his control, any beverage containing more than one-half of one percent alcohol by volume in the city on Sunday.
(b)
The consumption of alcoholic beverages in the city on Sunday on any premises holding a class A alcoholic beverage license is prohibited.
(Code 1977, § 10-2013; Code 1995, § 6-61; Ord. No. 342, 3-14-1994)
Sec. 6-72. – Employees to be registered and certified.
Each person holding a license to sell alcoholic beverages issued by the city, or who should have a license but has failed to procure it, shall, immediately upon the hiring of any person to sell or dispense alcoholic beverages, file with the city clerk the name of the person, with an accompanying affidavit signed by both the employer and the employee, wherein the employee certifies that he meets all the requirements of R.S. 26:241 et seq., and the employer certifies that to the best of his knowledge, information and belief, the employee meets all the requirements.
(Code 1977, § 10-2008; Code 1995, § 6-62)
Parish Ordinances
Sec. 6-6. – Closing hours.
Between the hours of 12:00 midnight on Saturday till 12:00 p.m. on Sunday, from 12:00 midnight on Sunday till 6:00 a.m. on Monday, and on all other days of the week between the hours of 12:00 midnight and 6:00 a.m. the following morning, it shall be unlawful for any retail dealer to sell, offer to sell, dispense or give away any beverages of either low or high alcoholic content beverage within the city.
(Ord. No. 901, § 1, 1-5-04; Ord. No. 906, 7-6-04)
Sec. 6-8. – Drinking in public places.
(a) It shall be unlawful for any person to consume alcoholic beverages of high or low alcoholic content on any public streets, parks, or highways, on any parking lots, streets, sidewalks, alleys, buildings, including any public school building, school grounds, football stadium, gymnasium or any place of amusement holding a retail occupational license form the city, including skating rinks, bowling alleys, theaters, dance-halls, pool-halls, amusement centers, places of business where the public is invited, and other public places as defined herein, in the city.
(b) It shall be unlawful for any person conducting a business in the city, his employees or agents, including all holders of city occupational retail licenses, all places of amusement, including skating rinks, bowling alleys, theaters, dance-halls, amusement centers, places of business where the public is invited, such as washaterias, and other public places as defined herein, in the city, to knowingly permit patrons or anyone to possess or consume alcoholic beverages or have “open containers” on the premises.
(Ord. No. 901, § 1, 1-5-04)
Sec. 6-71. – Alcoholic beverage handling employee card; required application.
(a) It shall be unlawful for any alcoholic beverage permit holder to allow any employee to handle, sell or serve alcoholic beverages of high or low alcoholic content for consumption on the premises of any restaurant, unless such employee is in possession of an alcoholic beverage handling employee card issued under the authority of this chapter. Before employing a person to handle, sell or serve alcoholic beverages, the permit holder shall notify the city clerk of the intended employment and shall have such person obtain an alcoholic beverage handling employee card prior to handling, selling or serving alcoholic beverages for consumption on the premises of any restaurant for which a permit is required by this chapter. The permit holder shall also notify the police department upon termination of any alcoholic beverage handling employee.
(b) It shall be unlawful for any employee to handle, sell or serve alcoholic beverages for consumption on the premises of any restaurant for which a permit is required by this chapter unless such employee has in his or her possession a current valid alcoholic beverage handling employee card and displays it upon demand of any law enforcement officer or agent.
(c) For the purpose of this section, the term “possession” shall mean the employee shall have the card on his or her person. The employer shall also maintain on file a copy of the current card for all current employees. In the event the employee does not have the card on his or her person, but the employer has the card on file, it shall not be considered a violation of this section by the employer.
(Ord. No. 901, § 1, 1-5-04)
Sec. 6-72. – Qualifications of applicant.
(a) Each applicant for a Class AR-B or AR-B&L alcoholic beverage handling employee card shall meet the following qualifications and conditions:
(1) They must be a person of good character and reputation and 18 years of age or older.
(2) If the person has been convicted of a felony under the laws of the United States, the State of Louisiana, or any other state or country, they will not be eligible until the expiration of the sentence, including probation and parole. This provision shall not apply to a conviction for which the applicant has received a first offense pardon under the laws of this state, the United States, or any other state.
(3) They have not been convicted in the last two years in this or in any other state, or the United States or any other country of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, illegally dealing in controlled dangerous substances or any violation of the controlled dangerous substance statute.
(4) They must not have been convicted of an offense within the last two years or of two or more violations of the provisions of any municipal or parish ordinance, state law, or the United States law relating to alcoholic beverages.
(5) He must not have had a dealer’s permit revoked in the last three years which was issued in his name or in the name of a partnership of which he was a partner or in the name of a corporation in which he was a stockholder.
(6) He must not have had his alcoholic beverage handling employee card revoked within the last two years.
(7) An applicant must certify in writing on a form approved by the city clerk that prior to issuance of an ABO card, he or she has read and is familiar with and will comply with the requirements of this article and of this chapter.
(b) Each applicant for an alcoholic beverage handling employee card shall meet all of the qualifications set forth in subsection (a) of this section, provided, however, that the requirements of subsections (a)(4), (5), and (6) may be waived the city clerk for good cause and a site-specific ABO card may be issued with written approval of the owner/manager of the business.
(Ord. No. 901, § 1, 1-5-04)
Sec. 6-73. – Issuance or denial.
(a) The city clerk is hereby authorized to issue, without delay, an alcoholic beverage handling employee card when, in his discretion, he finds the applicant to be qualified. If the city clerk disapproves such application, he shall notify the applicant in writing and state the reasons for such disapproval. Any applicant aggrieved by the decision of the city clerk may, within ten days from the date such decision is rendered, appeal to the city council by filing a written request with the clerk for review by the council of such decision. The temporary alcoholic beverage handling card issued shall be valid until such time the appeal is heard by the city council.
(b) The city council shall give the applicant and the city clerk or his designee an opportunity to be heard in accordance with the provisions of this chapter and shall thereafter affirm, modify, or reverse the decision of the city clerk. For good cause shown, the city council may waive one or more of the qualifications, and grant the issuance of the card.
(c) Any person denied an alcoholic beverage handling employee card will not be allowed to reapply for at least six months from the date of denial.
(Ord. No. 901, § 1, 1-5-04)
Sec. 6-74. – Contents.
A card issued pursuant to this division shall contain the picture and fingerprints of the person to whom it is issued.
(Ord. No. 901, § 1, 1-5-04)
Sec. 6-75. – Fees and terms.
(a) Alcoholic beverage handling employee cards shall expire two years from the date of issuance.
(b) A processing fee of .00 will be charged for a new alcoholic beverage handling employee card application.
(c) A processing fee of .00 will be charged for a renewal application of an existing alcoholic beverage handling employee card.
(d) In the event a card is denied, the fee will not be refunded.
(Ord. No. 901, § 1, 1-5-04)
Sec. 6-76. – Valid on premises of any permit holder; exception.
Unless otherwise provided by the city clerk or the city council, a card for an alcoholic beverage employee shall be good and valid for use on the premises of any alcoholic beverage permit holder, provided that the permit holder has notified the police department of the name and address of the alcoholic beverage handling employee card holder prior to the employee’s employment
Parish Ordinances
Sec. 4-5. – Hours sales prohibited.
(a) Except as provided in (d) below, it shall be unlawful for any person, licensed under this chapter or any agent or employee of such person to sell, give, serve or permit to be sold, given or served, spirituous, vinous or malt liquors of an alcoholic content of more than one-half of one percent by volume between the hours of 1:00 a.m. and 6:00 a.m. on any day, and except as provided in (d) below, it shall be unlawful for any such licensee or any agent or employee of such licensee under the provisions of this chapter to sell, give, serve or permit to be sold, given or served, any such liquors between the hours of 1:00 a.m. each Sunday and 6:00 a.m. the following Monday.
(b) It shall also be unlawful for any person to consume any alcoholic beverage in any licensed premises serving alcoholic beverages as herein defined during the hours prohibited in (a) above.
(c) The presence of any drink or beverage which has been poured from or is in an open original container within the licensed premises other than in the usual and customary place of storing it during the closing hours prescribed in (a) above shall be prima facie evidence of a violation of this chapter.
(d) Bona fide fraternal, religious, charitable, benevolent and private organizations that have received a letter of determination from the United States Internal Revenue Service acknowledging that they are classified as a nonprofit organization are exempt from the provisions of this section regarding closing hours.
(e) It shall be lawful for bona fide restaurants to serve alcoholic beverages between the hours of 6:00 a.m. until 11:00 p.m. on Sunday provided that the alcoholic beverage is sold and served with an order for food. A bona fide restaurant is defined as an establishment:
(1) Which operates a place of business whose purpose and primary function is to take orders for and serve food and food items.
(2) Which serves alcoholic beverages in conjunction with meals.
(3) Which serves food on all days of operation.
(4) Which maintains separate sales figures for alcoholic beverages.
(5) Which operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.
(6) Which has a public habitable floor area of no less than five hundred (500) square feet.
(7) Makes all sales records available to the city’s licensing department. If the licensing department determines that the establishment does not meet the definitions above, then that license owner will be subject to the prohibited hours of sale in subsection (a).
(Code 1955, § 4-7; Ord. No. 919, § 1, 4-3-79; Ord. No. 962, 12-18-79; Ord. No. 970, § 1, 2-5-80; Ord. No. 2149, 12-1-2009)
Sec. 4-81. – Permit required, penalty.
(a) No person shall dispense alcoholic beverages of a low or high alcoholic content in any business permitted or licensed under the ordinances and/or laws of the city for on the premises consumption without obtaining a permit from the police department.
(b) Any person convicted of dispensing alcoholic beverages of a low or high alcoholic content without a permit shall be fined not more than three hundred dollars ($300.00) and the cost of court, or ninety (90) days in jail, or both, at the discretion of the court.
(Code 1955, §§ 4-24, 4-25)
Sec. 4-82. – Qualifications.
Each applicant for a permit to dispense alcoholic beverages shall possess the following qualifications:
(1) Is a person of good character and reputation and over the age of eighteen (18) years.
(2) Is a citizen of the United States of America and of the state and a resident of the state continuously, for a period of not less than one (1) year preceding the date of filing for such permit.
(3) Must not have been convicted of any felony under the laws of this state, any other state, the United States or any other country.
(4) Must not have been convicted in this or any other state or by the United States or any other country of any of the following:
- Soliciting for prostitution.
- Pandering.
- Letting premises for prostitution.
- Contributing to the delinquency of a juvenile.
- Keeping a disorderly place.
- Any law that deals with illegal dealings in narcotics or central nervous system stimulants or depressants.
- Violation of the laws concerning closing hours.
(5) Must not have ever had a license or permit to sell or deal in alcoholic beverages revoked by this or any other city or state, the United States or any other country.
(6) Must not have had any criminal conviction for a period of three (3) years prior to the application of the permit.
(7) Must not have been convicted of any violation of municipal or state ordinances relative to the rules and regulations of the dispensing of beverages of a high or low alcoholic content.
(8) Must not have been convicted of any violation of any portion of Title 26 of the Louisiana Revised Statutes.
(9) Must wear an identification pin while on duty and/or during working hours at any establishment where so employed.
(Code 1955, § 4-26)
Sec. 4-112. – Open containers—Prohibited.
(a) It shall be unlawful for any person to possess in public any open container or other receptacle containing an alcoholic beverage as defined in this article, when the container has been opened, or the seal broken, or contents of which have been partially removed.
(b) It shall be unlawful for any person to drive, operate or occupy or ride in or upon a motor vehicle upon a public street, highway, alley or driveway, while in possession in public of any open container or other receptacle containing an alcoholic beverage as defined in this article, when the container has been opened, or the seal broken, or contents of which have been partially removed.
(c) It shall be unlawful for the owner of any establishment which sells alcoholic beverages as defined in this article to knowingly allow any person to leave the premises of such establishment carrying any open container or other receptacle containing an alcoholic beverage as defined in this article, when the container has been opened, or the seal broken, or contents of which have been partially removed.
(Ord. No. 1534, 10-20-92)
