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)
Parish Ordinances
Sec. 3-1. – Limitations on sales; closing hours; penalties.
(a)
Time limitations. It shall be unlawful for any person to give, trade, barter, exchange, or sell any alcoholic beverage, of low or high alcoholic content, to any person during the period from 2:00 a.m. on any weekday night to 7:00 a.m. the following morning, or between the hours of 2:00 a.m. Sunday morning and 7:00 a.m. the following Monday morning anywhere in the parish.
(b)
Closing hours. It shall be unlawful for any person or persons, firm or corporation, who is in the business of operating any business engaged principally in selling alcoholic beverages, whether of low or high alcoholic content, to be open between the hours of 2:00 a.m. on any weekday night to 7:00 a.m. the following morning, or between the hours of 2:00 a.m. Sunday morning and 7:00 a.m. the following Monday morning.
(c)
Penalties. Any person or persons violating the provisions of this section shall be subject to punishment as provided in section 1-9 of this Code, and further, any person violating the provisions of this section shall have his, her or its license suspended or revoked at the discretion of the police jury.
(d)
Time limitations for private clubs and BYOB establishments. It shall be unlawful for any person or persons, firm or corporation, to give, trade, barter, exchange or sell beer or liquor to any person or persons or allow the consumption thereof on their premises if such is defined as a private membership club or designated as a BYOB establishment during the period from 2:00 a.m. on any weekday night to 7:00 a.m. the following morning, anywhere in the Parish of Vernon, State of Louisiana.
(e)
Closing hours for private clubs and BYOB establishments. It shall be unlawful for any person or persons, firm or corporation, to give, trade, barter, exchange or sell beer or liquor to any person or persons or allow the consumption thereof on their premises if such is defined as private membership club or designated as a BYOB establishment between the hours of 2:00 a.m. Sunday morning and 7:00 a.m. the following Monday morning, anywhere in the Parish of Vernon, State of Louisiana.
(f)
Unlawful hours. It shall be unlawful for any person or persons, firm or corporation, who is in the business of operating a liquor store, bar, nightclub, saloon or any business engaged principally in selling beer or liquor or allow the consumption thereof on their premises if such is defined as a private membership club or designated as a BYOB establishment to be open between the hours set out hereinabove in subsections (d) and (e) of this section.
(g)
Penalties. Any person or persons violating subsections (d), (e), or (f) of this section shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250.00) or imprisoned for not less than ten (10) days or not more than thirty (30) days, or both, for each offense, and further, that any person or persons, firm or corporation, violating subsections (d), (e), or (f) of this section shall have his, her or its license suspended or revoked at the discretion of the Vernon Parish Police Jury.
(Code 1978, § 3-2; Ord. No. 3-1990, §§ 1—4, 10-8-90; Ord. No. 3-2007, 8-20-07)
Parish Ordinances
Sec. 4-1. Unlawful sale, display or consumption of alcoholic beverages.
(a) It shall be unlawful for any person to display, drink, or consume alcoholic or intoxicating liquors on the public streets, parks and alleys or in cafes, restaurants, pool halls, recreation halls or other public places in the town.
(b) The words alcoholic or intoxicating liquors, as used in this section and in section 4-2, shall be deemed and held to include the following: beer, porter, ale, fruit juices, wine, malt, vinous, spirituous, or other alcoholic liquors of an alcoholic content greater than 3.2 percent of alcohol by volume.
(Ord. No. 35, § I, 4-8-1971)
Sec. 4-3. General prohibition.
The business of manufacturing, producing, rectifying, distilling, blending, using, storing, distributing, and selling of beverages of low alcoholic content, containing more than 3.2 percent alcohol by weight and not more than six percent by volume is prohibited in the town.
(Ord. No. 45, § I, 2-17-1977)
Sec. 4-4. Specific prohibition.
The business of manufacturing, producing, rectifying, distilling, blending, using, storing, distributing, and selling beverages containing more than one-half of one percent alcohol by volume, but not more than 3.2 percent alcohol by weight, is prohibited in the town.
(Ord. No. 45, § II, 2-17-1977)
Parish Ordinances
Sec. 50-16. Sales of beverages outside of licensed premises prohibited.
It shall be unlawful for any person, firm or corporation to serve spirituous, vinous or malt liquors containing more than six percent alcohol by volume outside of the place or premises for which a permit has been granted; provided, that nothing in this Section shall prevent the delivery of such liquor in unbroken or unopened packages or containers.
(Ord. No. 234, § 5, 11-14-35)
Sec. 50-17. Licensed premises, closing hours.
(a) It shall be unlawful for any retail or wholesale dealer to sell or otherwise dispense alcoholic beverages or to permit or admit any member of the public into an establishment or part thereof, where alcoholic beverages are the principal commodity between the hours of 2:00 a.m. and 8:00 a.m., Tuesday through Saturday, and between the hours of 2:00 a.m. on Sunday until 8:00 a.m. the following Monday.
(b) In any establishment or part thereof where alcoholic beverages are the principal commodities sold or handled the alcoholic beverage permit holder shall remove all patrons and members of the public from the premises by 2:00 a.m., Tuesday through Saturday, and lights in the premises shall be extinguished including outside lights until the premises opens for business as provided in subsection (a) of this section, except that the permit holder and his employees or agents may enter the closed premises for purposes of cleaning, taking stock or other work in the establishment.
(c) It shall be unlawful for any person to purchase or solicit any other person to sell beverages of high or low alcoholic content within the city limits at such times and places when and where such sales are prohibited.
(d) (1) Notwithstanding the prohibition contained herein, religious, fraternal or social clubs whose parish, state, or national chapters or organizations have been granted tax exempt status under Section 501 of the Internal Revenue Code or its successor may sell beverages of high or low alcoholic content to their members and the guests of their members, by the drink, on club premises, for consumption on club premises, between the hours of 1:00 p.m. and 9:00 p.m. on Sundays.
(2) Any club wishing to sell alcoholic beverages on Sundays in accordance with the foregoing section and which does not already hold a license and permit from the city to sell alcoholic beverages must apply for and obtain the appropriate license and permit, prior to making any sales.
(3) For the purpose of satisfying the requirements for the issuance of the license and permit mentioned above, all the members of the local governing board or the members holding local club offices and the person or persons who will conduct the sales or manage the premises which alcohol is sold must satisfy the conditions set out in section 50-6(a) of the Leesville Municipal Code subsections (1) through (9).
(Ord. No. 234, § 6, 11-14-35; Ord. No. 85, 7-22-85; Ord. No. 16/89, 11-13-89; Ord. No. 19/89, 11-27-89; Ord. No. 8/07, § 1, 5-24-07)
Sec. 50-19. Sales of alcoholic beverages on election days prohibited.
It shall be unlawful for any person, firm, or corporation to sell or otherwise dispose of any intoxicating liquors within the corporate limits of the City of Leesville, Louisiana, on election days and establishments conducting such business shall be closed for such purpose from 12:00 midnight of the day preceding the election until 8:00 a.m. of the day following the election.
(Ord. No. 234, § 1, 11-14-35)
Sec. 50-25. Required.
Every alcoholic beverage handling employee shall obtain an alcoholic beverage handling card prior to entering into employment on an alcoholic beverage permit holder’s premises.
(Ord. No. 85, 7-22-85)
Sec. 50-26. Qualifications and conditions.
(a) Each applicant for an alcoholic beverage handling employee card shall meet the following qualifications and conditions:
(1) Applicant must be a person of good character and reputation and 18 years of age or older.
(2) Applicant must not have been convicted of a felony under the laws of the United States, this state or any other state or country.
(3) Must not have committed prostitution, soliciting for prostitution, pandering, letting premises for prostitution, B-drinking, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place, illegally dealing in narcotics or any violation of the controlled dangerous substances statute. A conviction is not required.
(4) Applicant must not have been convicted of violation any provisions of this chapter.
(5) Applicant must not have had his alcoholic beverage handling employee card revoked within two years next preceding this application.
(6) Applicant must not have been convicted of violating any municipal or parish ordinance relating to alcoholic beverages. In such case, the granting or denial of a card is within the discretion of the mayor or his designee.
(7) Must not have committed any obscene, lewd or immoral act on any premises for which a permit has been issued under this chapter. A conviction is not required.
(b) If the applicant for a card does not possess the required qualifications, the permit shall be denied.
Sec. 50-33. Unlawful to dispense alcoholic beverages without card.
It shall be unlawful for any alcoholic beverage permit holder to allow any alcoholic beverage handling employee including, but not limited to waiters, waitresses, barmaids, bartenders, manager, dancers, maintenance mean and floormen to be present on the premises when alcoholic beverages or containers thereof are handled, dispensed or consumed on the premises unless such alcoholic beverage handling employee is in possession of an alcoholic [beverage] handling employee card issued under the authority of this division. Immediately after employment of any alcoholic beverage handling employee, the permit holder shall notify the city police department of such employment and such alcoholic beverage handling employee.
(Ord. No. 85, 7-22-85)
(Ord. No. 85, 7-22-85)
Sec. 50-55. Licensed premises, closing hours.
(a) It shall be unlawful for any person, persons, or corporation to sell or otherwise distribute, within the city, any beverage which may tend to intoxicate, including beer, with any alcoholic content on Sundays, except between the hours of noon 12:00 p.m. and midnight 12:00 a.m. and except as otherwise provided by section 50-17
(b) (1) Notwithstanding the prohibition contained herein, religious, fraternal or social clubs whose parish, state, or national chapters or organizations have been granted tax exempt status under Section 501 of the Internal Revenue Code or its successor may sell beverages of high or low alcoholic content to their members and the guests of their members, by the drink, on club premises, for consumption on club premises, between the hours of 1:00 p.m. and 9:00 p.m. on Sundays.
(2) Any club wishing to sell alcoholic beverages on Sundays in accordance with the foregoing section and which does not already hold a license and permit from the city to sell alcoholic beverages must apply for and obtain the appropriate license and permit, prior to making any sales.
(3) For the purpose of satisfying the requirements for the issuance of the license and permit mentioned above, all the members of the local governing board or the members holding local club offices and the person or persons who will conduct the sales or manage the premises which alcohol is sold must satisfy the conditions set out in section 50-54 of the Leesville Municipal Code subsections (1) through (10).
(Ord. No. 494, 9-11-56; Ord. No. 16/89, 11-13-89; Ord. No. 19/89, 11-27-89; Ord. No. 8/07, § 2, 5-24-07)
Sec. 50-63. Drinking in public places.
(a) It shall be unlawful for any person to consume alcoholic beverages of high and low alcoholic content on any public street, sidewalk, park, building, including any public school building, school grounds, football stadium, gymnasium, or any place of amusement holding a retail occupation license from the city including skating rinks, bowling alleys, theaters, pool halls, dance halls, and amusement centers.
(b) It shall be unlawful for a holder of a city occupational retail license, his employees or agents, whose principal business is that of amusement, including skating rinks, bowling alleys, theaters, dance halls and amusement centers, to permit patrons of his establishment to consume or possess alcoholic beverages.
(c) This section shall not apply to persons who have alcoholic beverage permits for the city; provided, however, that this exception applies only to alcoholic beverages covered by the holder’s permit.
(Ord. No. 85, 7-22-85)
Sec. 50-76. Closing hours for private clubs and BYOB establishments.
(a) It shall be unlawful for any person or persons, firm or corporation, to give, trade, barter, exchange or sell beer or liquor to any person or persons or allow the consumption thereof on their premises if such is defined as private membership club or designated as a BYOB establishments between the hours of 12:00 o’clock midnight on Saturday and 7:00 o’clock a.m. the following Monday morning, anywhere in the City of Leesville, State of Louisiana.
(b) Time limitation for private clubs and BYOB establishment. It shall be unlawful for any person or persons, firm or corporation, to give, trade, barter, exchange or sell beer or liquor to any person or person or allow the consumption thereof on their premises if such is defined as a private membership club or designated as a BYOB establishment during the period from 2:00 a.m. on any weekday night to 7:00 a.m. the following morning, anywhere in the city.
(c) Unlawful hours. It shall be unlawful for any person or persons, firm or corporation, who is in the business of operating a liquor store, bar, nightclub, saloon or any business engaged principally in selling beer or liquor to allow the consumption thereof on their premises if such is defined as a private membership club or designated as a BYOB establishment to be open between the hours set out hereinabove in subsections (a) and (b) of this section.
(d) Penalties. Any person or persons violating subsections (a), (b) and (c), of this section shall be fined not less than $25.00 nor more than $250.00 or imprisoned for not less than one day or not more than 30 days, or both, for each offense and further, that any person or persons, firm or corporation, violating subsections (a), (b), and (c) of this section shall have his, her or its license suspended or revoked at the discretion of the city council.
(Ord. No. 19/02, 12-20-02)
Sec. 50-150. Drinking of alcoholic beverages on streets, sidewalks or other public properties prohibited.
It shall be unlawful for any person or persons to drink any whiskey, wine, beer, or any other intoxicating liquor upon the streets or sidewalks, publicly owned property, or in publicly owned buildings within the corporate limits of the city.
(Ord. No. 250, § 1, 6-8-37)
Sec. 50-152. Open container law.
(a) Title. This section shall be known as the open container law and shall be in addition to all other laws now in effect in the city, the city council taking cognizance of the fact that this section is deemed to be regulatory in nature, and is passed to meet a public need and emergency affecting life, health, property and public safety.
(b) Definitions. For the purpose of this section, the following terms shall have the respective meanings ascribed to them in this section, unless a different meaning clearly appears from the context:
Alcoholic beverages means and includes all beverages of high and low alcoholic content as defined in this Code.
Motor vehicles means any motorized vehicle including automobiles, trucks, vans, campers, motorcycles or recreational vehicles.
Open container means any of the following:
(1) Any container or receptacle wherein the seal or stamp has been broken; or
(2) Any container, bottle or can that has been opened subsequent to the filling of such container by the manufacturer, brewery, or distillery of such alcoholic beverages; or
(3) Alcoholic beverages contained in drinking glasses, cups, including plastic glasses and styrofoam cups, without lids or seals, or with lids or seals, but with straws protruding therefrom, or with only partial lids or seals; or
(4) Alcoholic beverages contained in other containers regardless of whether such container has a top affixed thereto.
Public street means any public streets, public highways, alley, sidewalk, or public parking lots.
(c) It shall be unlawful for any person to drink, consume or possess alcoholic beverages in an open container in any motor vehicle when such vehicle is upon the public streets, as defined above, within the city limits of the city.
(d) It shall be unlawful for the operator of any motor vehicle to keep or allow to be kept in a private motor vehicle, when such is upon the public streets in the city as defined above, any alcoholic beverages in an open container. This provision shall not apply to alcoholic beverages possessed in the trunk of a motor vehicle when such vehicle is equipped with a trunk, and shall not apply to alcoholic beverages possessed in vehicles that are not equipped with a trunk such as station wagons, campers, recreational vehicles and blazers provided that the alcoholic beverages are kept in some other area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment shall not be deemed to be within the area occupied by the driver of passengers, if locked.
(e) The provisions of subsections (c) and (d) shall not apply to the following:
(1) Paid fare passengers on a common or contract carrier vehicle, as defined in R.S. 45:162.
(2) Paid fare passengers on a public carrier vehicle, as defined in R.S. 45:200.2.
(3) Persons operating or occupying a motor vehicle who, as a condition of their employment and while acting in the course and scope of such employment, are required to carry open alcoholic beverage containers, provided that said operator or passengers do not consume said alcoholic beverages.
(4) A designated driver being defined as an appropriately licensed driver under the laws of the state or any other state who has a blood alcohol content of less than 0.05g percent during the time that he is performing as a designated driver.
(f) Any person convicted of violating any provisions of this section shall be guilty of a misdemeanor, and, upon conviction for, shall be fined not less than $100.00 nor more than $300.00, or imprisoned for not more than six months, or both, at the discretion of the court.
(Ord. No. 23/95, 7-24-95)
