Parish Ordinances
Sec. 5-2. – Carrying, possessing, drinking from open containers prohibited.
(a)
It shall be unlawful for any person to possess any open container, whether glass, metal, wood, plastic or other material, containing any alcoholic beverage of either high or law alcoholic content in, upon or onto any public street, roadway, thoroughfare, right-of-way, sidewalk, park, school property, public building, public land or public waterways within the parish. This prohibition includes passengers in motor vehicles and boats as well as the operator of same.
(b)
It shall also be unlawful for any person to possess any open container, whether glass, metal, wood, plastic or other material containing any alcoholic beverages of either high or low alcoholic content in, upon or onto the property of another unless that person has the property owner’s express permission to allow the consumption of alcoholic beverages upon the owner’s property or the premises consists of a business licensed to sell such alcoholic beverages.
(c)
An open container is defined as any drinking vessel or container whether it is made of glass, metal, wood, plastic or other material upon which the manufacturer’s seal has been broken after purchase such that the alcoholic beverage is readily consumable by the possessor of the drinking vessel or container. This specifically includes but is not limited to glass bottles wherein the cap or top has been opened, cans that have been opened and all manner of drinking cups, glasses, canteens, wine bags and any other container not sealed for sale by the manufacturer.
(d)
Whoever violates the provisions of this section shall be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding 30 days or both by such fine and imprisonment within the discretion of the court.
Sec. 5-4. – Prohibition on the consumption of alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. at establishments holding alcoholic beverage licenses.
(a)
It shall be unlawful for any person to possess an open container, being a container containing an alcoholic beverage of either high or low alcoholic content, or to consume such an alcoholic beverage from an open container at any establishment where alcoholic beverages of either high or low alcoholic content are licensed for sale at retail between the hours of 2:00 a.m. and 6:00 a.m. The presence of a person with an open container containing an alcoholic beverage of either high or low alcoholic content on the premises of an establishment licensed for the sale of alcoholic beverages of either high or low alcoholic content shall constitute proof of a violation of this section.
(b)
Whoever violates the provisions of this section shall be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding 30 days or both by such fine and imprisonment within the discretion of the court.
(c)
As used in this section, an open container shall consist of any container, whether glass, metal, wood, plastic or other material containing any alcoholic beverage of either high or low alcoholic content.
(Ord. No. 10-13, 3-22-10)
Sec. 5-45. – Closing hours.
(a)
No holder of any retail dealers permit for the sale of alcoholic beverages of high alcoholic content obtained pursuant to article II of this chapter and no employee, agent, servant, permittee or representative of such a permit holder shall sell or allow to be sold any alcoholic beverage whether for consumption on or off the premises between the hours of 2:00 a.m. and 6:00 a.m. Furthermore, no holder of any retail dealers permit for the sale of alcoholic beverages of high alcoholic content obtained pursuant to article II of this chapter and no employee, agent, servant, permittee or representative of such permit holder shall allow any alcoholic beverages from any source to be consumed on the premises between the hours of 2:00 a.m. and 6:00 a.m. of any day.
(b)
Excepting for the holder of a “Class A-General” retail permit for the sale of alcoholic beverages of high alcoholic content obtained pursuant to article II of this chapter and operating a retail outlet where beverage alcohol is sold on the premises for consumption on the premises by paying customers, all other permit holders, including but not limited to “Class A-Restaurant” permit holders may remain open at all times for the sale of any and all other items permitted by law excepting alcoholic beverages. However, no holder of any retail dealers permit for the sale of alcoholic beverages of high alcoholic content obtained pursuant to article II of this chapter and/or employee, agent, servant, permittee or representative of such permit holder shall allow any alcoholic beverages from any source to be consumed on the premises between the hours of 2:00 a.m. and 6:00 a.m. of any day.
(c)
During the hours that the holder of a “Class A-General” retail permit that operates a retail outlet where beverage alcohol of high alcoholic content is sold on the premises for consumption on the premises by paying customers is required to be closed, no business shall be conducted on these premises and no customers, patrons or members of the general public shall be present on the premises. Any persons located upon the premises during these hours when the said business is required to be closed, shall be persons engaged in work for the permit holder. Such workers may be present while engaged in bona fide work however no alcoholic beverages shall be consumed by any persons working on the premises.
(d)
Whoever violates the provisions of this section shall be guilty of a misdemeanor offense punishable by a term of imprisonment of up to 30 days in the parish jail or a fine of up to $500.00 or both.
(e)
The violation of the provisions of this section shall also constitute grounds for the suspension or revocation of any permit issued pursuant to article II of chapter 5 of the Tangipahoa Parish Code of Ordinances.
(Ord. No. 05-06, 3-28-05; Ord. No. 10-14A, 3-22-10)
Sec. 5-85. – Closing hours.
(a)
No holder of any retail dealers permit for the sale of alcoholic beverages of low alcoholic content obtained pursuant to article III of this chapter and no employee, agent, servant, permittee or representative of such a permit holder shall sell or allow to be sold any alcoholic beverage whether for consumption on or off the premises between the hours of 2:00 a.m. and 6:00 a.m. Furthermore, no holder of any retail dealers permit for the sale of alcoholic beverages of high alcoholic content obtained pursuant to article III of this chapter and no employee, agent, servant, permittee or representative of such permit holder shall allow alcoholic beverages from any source to be consumed on the premises between the hours of 2:00 a.m. and 6:00 a.m.
(b)
Excepting for the holder of a “Class A-General” retail permit for the sale of alcoholic beverages of low alcoholic content obtained pursuant to article III of this chapter and operating a retail outlet where beverage alcohol of low alcoholic content is sold on the premises for consumption on the premises by paying customers, all other permit holders, including but not limited to “Class A-Restaurant” permit holders may remain open at all times for the sale of any and all other items permitted by law excepting alcoholic beverages. However, no holder of any retail dealer’s permit for the sale of alcoholic beverages of low alcoholic content obtained pursuant to article III of this chapter and/or employee, agent, servant, permittee or representative of such permit holder shall allow any alcoholic beverages from any source to be consumed on the premises between the hours of 2:00 a.m. and 6:00 a.m. of any day.
(c)
During the hours that the holder of a “Class A-General” retail permit that operates a retail outlet where beverage alcohol is of low alcoholic content sold on the premises for consumption on the premises by paying customers is required to be closed, no business shall be conducted on these premises and no customers, patrons or members of the general public shall be present on the premises. Any persons located upon the premises during these hours when the said business is required to be closed, shall be persons engaged in work for the permit holder. Such workers holder may be present while engaged in bona fide work however no alcoholic beverages shall be consumed by any persons working on the premises.
(d)
Whoever violates the provisions of this section shall be guilty of a misdemeanor offense punishable by a term of imprisonment of up to 30 days in the parish jail or a fine of up to $500.00 or both.
(e)
The violation of the provisions of this section shall also constitute grounds for the suspension or revocation of any permit issued pursuant to article III of chapter 5 of the Tangipahoa Parish Code of Ordinances.
(Ord. No. 05-06, 3-28-05; Ord. No. 10-14A, 3-22-10)
State law reference— Sunday closing law, R.S. 51:191 et seq.
Sec. 5-116. – Permits required for persons who dispense alcoholic beverages; exceptions.
(a)
No person shall dispense alcoholic beverages of a low or high alcoholic content in any business within the parish for on-the-premises consumption without first having been certified to do so by the sheriff’s department in accordance with the provisions of this article.
(b)
The holder of a permit to sell alcoholic beverages at a particular establishment may dispense alcoholic beverages at that establishment without having a certification of qualification required by this article.
(c)
The provisions of this article shall apply to all persons dispensing alcoholic beverages except as provided in subsection (b) above, on and after April 15, 1975, and the certificate must be publicly displayed in the premises designated by the certificate.
(d)
For purposes of this article the term “dispense” shall mean the sale to, service of, or allowing the self-service by any person of any alcoholic beverage of high or low alcoholic content to any other person.
(Ord. No. 05-06, 3-28-05)
Sec. 5-117. – Applicants to be photographed, fingerprinted.
Each applicant seeking a certificate to dispense alcoholic beverages for on-the-premises consumption within the parish shall be photographed and fingerprinted by the sheriff’s department.
(Ord. No. 05-06, 3-28-05)
Sec. 5-119. – Qualifications of applicants.
Each applicant for a certificate to dispense alcoholic beverages shall possess the following specifications:
(1)
Is a person of good character and reputation and over 18 years of age.
(2)
Is a citizen of the United States and of this state and a resident of this state continuously for a period of not less than one year preceding the date of the filing of the application.
(3)
Has not been convicted of a felony under the laws of the United States, this state or any other state or country.
(4)
Has not been convicted in this or any other state or by 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 or illegal dealing in narcotics.
(5)
Has not had a license or permit to sell or deal in alcoholic beverages by the United States, any state or by a political subdivision of any state authorized to issue permits for licenses revoked within one year prior to application, or been notified or had a judgment of court rendered against him involving alcoholic beverages by this or any other state or by the United States for one year prior to the application.
(6)
Has not been adjudged by the board or convicted by any court of violation of the provisions of R.S. Title 26
(7)
Has not been convicted of violation of any municipal or parish ordinances adopted pursuant to the provisions of R.S. 26:493.
(8)
Has not had a certification of qualification to dispense alcoholic beverages issued by any other parish, municipality or state suspended or revoked.
(Ord. No. 05-06, 3-28-05)
State law reference— Qualification for permits, R.S. 26:80 and 26:280.
Sec. 5-201. – Consumption of alcoholic beverages at a place of public entertainment between 2:00 a.m. and 6:00 a.m. prohibited.
(a)
It shall be unlawful for any place of public entertainment as defined in this article, to permit the consumption of alcoholic beverages at his/her/its/their establishment or place of business in the rural and unincorporated areas of Tangipahoa Parish between the hours of 2:00 a.m. and 6:00 a.m.
(b)
It shall be unlawful for any person to consume alcoholic beverages at any place of public entertainment between 2:00 a.m. and 6:00 a.m. of each day in the rural and unincorporated areas of Tangipahoa Parish.
(Ord. No. 10-20, 4-12-10)
Parish Ordinances
Sec. 6-4. Sales prohibited certain days and hours.
(a) No holder of a retail liquor dealer’s permit issued under this chapter and no servant,
agent or employee of such permittee shall sell any alcoholic beverages or liquors between the
hours of 1:00 a.m. Sunday and 6:00 a.m. Monday following.
(b) All outlets where any person draws or removes any alcoholic beverages from its
container for consumption on the premises shall be closed at 1:00 a.m. Sunday and shall be
closed continuously until 6:00 a.m. Mondays following; however, as an exception to the
requirements of this section, the permit holder and his bona fide employees may remain within
the licensed premises from 1:00 a.m. until 2:00 a.m. Sunday for the sole purpose of cleaning the
licensed premises; but no alcoholic beverages shall be sold or consumed on the premises during
that hour. The term “closed” as used in this section or elsewhere in this article shall mean that
the entire licensed premises for the sale of liquor at retail shall be locked with no one inside
the premises.
(Ord. No. 330, § 3-13, 5-14-1981)
Sec. 6-7. Possession of open drinking containers.
It shall be unlawful for any person to possess any open drinking container containing
alcoholic beverages in or upon licensed premises, including the parking lot of such licensed
premises.
(Ord. No. 396, § 8-97, 9-8-1988)
Sec. 6-8. Removal of open drinking container from licensed premises.
For the purpose of discouraging public drinking, it shall be unlawful for any person to
remove an open drinking container containing alcoholic beverages from any business, lounge,
restaurant or other establishment licensed under the provisions of this chapter.
(Ord. No. 396, § 8-98, 9-8-1988)
Parish Ordinances
Sec. 4-2. – Sales prohibited certain days and hours.
(a)
All stores, shops, saloons, barrooms, nightclubs, lounges or any other places of business, premises, or establishments licensed under this chapter to sell and/or serve alcoholic beverages in, on, or within the place of business, premises, or establishment, even if purchased elsewhere for consumption on said premises, shall be closed at 2:00 a.m. continuously until 7:00 a.m. the same day and shall be closed at 2:00 a.m. Sunday and shall be closed continuously until 7:00 a.m. Monday following, except as provided in subsection (b) of this section. All such establishments shall terminate the sale and service of alcoholic beverages and liquors at closing time. No person shall be allowed on the premises of these establishments except salaried employees and the owner thereof whose presence there is required for routine maintenance and/or cleanup of the premises.
(b)
All grocery stores, convenience stores, supermarkets and drugstores which realize at least 60 percent of their monthly revenue from the sale of merchandise and products other than alcoholic beverages are exempted relative to closing hours; however, no such grocery stores, convenience stores, supermarkets and drugstores are permitted to sell and/or serve alcoholic beverages of high alcoholic content as defined in section 4-25
(Code 1976, § 10-2013; Ord. No. 1-2006, 3-2-2006)
Parish Ordinances
Sec. 5-2. Closing hours.
All stores, shops, saloons, bars, barrooms, nightclubs, lounges, or any other place of business, premises, or establishment licensed under this chapter to sell and/or serve alcoholic beverages in, on, or within the place of business, premises, or establishment, even if purchased elsewhere for consumption on said premises, shall be closed at o’clock 2:00 a.m. continuously until 8:00 o’clock a.m. the same day and shall be closed at 2:00 o’clock a.m. Sunday and shall be closed continuously until 8:00 o’clock a.m. Monday following, except as provided below. All such establishments shall terminate the sale and services of alcoholic beverages and liquors at closing time. No person shall be allowed on the premises of these establishments beyond 2:15 o’clock a.m. except salaried employees and the owner thereof whose presence therein is required for routine maintenance and/or cleanup of the premises.
(1) There is exempted from this section a licensed restaurant business, as hereinafter defined, actually in the restaurant business and holding an alcohol permit, which may sell and allow consumption of alcoholic beverages between the hours of 11:00 o’clock a.m. Sunday and midnight Sunday, provided that all provisions of this section pertaining to restaurants are met, and further provided that no bar or lounge be open to the general public during the same period which would be contrary to the reasonable purpose and intent of this provision which is to allow licensed and duly authorized restaurant businesses to sell and/or serve alcoholic beverages on Sunday.
(2) For purposes of this section, “restaurant business” shall be defined as an establishment which:
- Operates a place of business whose purpose is primarily to prepare food and food items for consumption and to serve meals and meal items to the general public.
- Must service food on all days of operation.
- Must file a copy of the applicant’s meal together with the application, both new and renewal.
- Must furnish an affidavit from the local health department showing compliance with all applicable health and sanitary requirements with new application.
- Must gross sixty (60) percent of its monthly revenue from the sale of food, food items and non-alcoholic beverages.
- Must maintain separate sales figures for alcoholic beverages.
- All applications, whether new or renewal, shall be in writing, sworn to in front of a notary public, and shall contain the full name of the applicant along with a complete description and correct address of the premises in which the restaurant is located.
- Operates a bona fide restaurant by having a fully equipped kitchen facility and dining room manned and operated at all times that alcoholic beverages are sold on Sunday.
- Maintains a written record of the name, address and telephone number of all vendors and supplies of food, food item and non-alcoholic beverages and alcoholic beverages; and maintains, for a minimum period of twelve (12) consecutive months previous to application for renewals, all records of purchases and delivery of food, food items and non-alcoholic beverages and alcoholic beverages to the permittee’s place of business, including, without limitation, all billings, invoices, statements of account, delivery tickets and receipts evidencing the permittee’s purchase and receipt of food, food items and non-alcoholic beverages and alcoholic beverages.
- For new businesses without prior business experience on which to base a determination of percentage of food, food item and non-alcoholic beverages sales, a temporary permit may be issued by the collector for ninety (90) days after which time evidence of all purchases and sales, as may be deemed necessary by the collector, will be required to make the permit permanent.
(3) For purposes of verifying that the permittee meets the requirements for a restaurant business, the permittee shall, annually, as determined by the city, cause to be delivered to the permit office a CPA audit statement, at the cost of permittee, verifying that the required monthly income of the permitted business is from non-alcohol sales. Furthermore, any permittee, upon applying for an initial permit herein, specifically agrees to deliver to the administration of the city and/or any representative so designated by the mayor, within one hundred and twenty (120) days of the issuance of said permit a CPA audit of the ratio of alcohol and non-alcohol sales for the three-month period immediately following the effective date of the permit. On written demand, all records required to be maintained by this section on any matter and/or which would tend to establish the ratio of alcohol to non-alcohol sales by permittee shall be delivered to the city within twenty (20) days of receipt of written demand by the city.
(4) The permit issued under this chapter to restaurant businesses shall be subject to revocation by the city council at any time following a hearing as provided for all of the licenses and/or permits issued under this section and a determination that the permittee fails to meet the criteria set forth in this section.
(5) Reserved.
(6) Grocery stores, supermarkets, and drug stores which realize at least sixty (60) percent of their monthly revenue from the sale of merchandise other than alcoholic beverages are also exempted from this section relative to the closing hours.
(7) Notwithstanding the preceding, any permitted business referred to herein which is prohibited from operating on Sunday as described herein may apply for one (1) single-day variance per calendar year by making written application no less than thirty (30) calendar days prior to the date of said variance. Said application shall be provided upon request by the City of Hammond Permit Office.
(8) Said applicant shall cause to be published in the official journal of the City of Hammond a public notice containing the name and address of the business, along with the statement that said business is applying for a variance from the Sunday closing law, and the date for which said variance is requested. Said public notice shall be published no less than twenty-one (21) calendar days prior to the date for which said variance is requested.
(9) Any request shall be placed upon the agenda of the city council meeting closest in proximity to the date for which said variance is requested. Members of the public shall be given an opportunity to be heard, and the variance shall be granted only upon positive vote of the council, and either by resolution or ordinance.
(10) There is exempted from this section any place of business, premises or establishment licensed under this chapter who desires to sell or serve alcoholic beverages on the day of the National Football League Super Bowl and on such other days, including Sundays, as may be approved by variance on the affirmative vote of the council, which action may be by resolution or ordinance.
(Ord. No. 510, C.S., § 7, Art. 41, 9-5-67; Ord. No. 604, C.S., § 1, 8-17-71; Ord. No. 923, C.S., § 1, 9-1-81; Ord. No. 2099, C.S., § 1, 10-21-86; Ord. No. 2169, C.S., 5-2-89; Ord. No. 2315, C.S., 10-13-93; Ord. No. 2397, C.S., 9-5-95; Ord. No. 2491, C.S., 8-19-97; Ord. No. 2687, C.S., 5-2-00; Ord. No. 2762, C.S., 3-6-01; Ord. No. 3957, C.S., 2-1-05; Ord. No. 13-5348, C.S., § 1, 9-3-13)
Sec. 5-45. Prohibition against open containers of alcoholic beverages.
(a) It shall be unlawful for any person to possess and/or drink from an open container of alcoholic beverages in any public place.
(b) It shall be unlawful for any person to drive, operate, occupy or ride in or upon a motor vehicle upon a public street, highway, alley or driveway, while in possession of any open container or other receptacle containing an alcoholic beverage as defined herein.
(c) “Public place” means any area generally visible to public view and includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transit stations, shelters, automobiles, and buildings, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(d) An “open container or alcoholic beverages or other receptacle containing an alcoholic beverage” shall mean, for the purpose of this section, any bottle, can, jar, cup or any drinking, or pouring vessel containing an alcoholic beverage for which:
(1) The brewery’s, distiller’s or manufacturer’s seal has been broken, including pull-tabs and bottle caps; or
(2) Said container or receptacle does not have placed thereon a closure apparatus such as a full lid or cover which prevents consumption of contents without removal and/or puncture of said closure apparatus.
(e) “Motor vehicle” means every vehicle which is self-propelled including, but not limited to automobiles, trucks, vans and motorcycles.
(f) Persons who violate any subsection of this section shall be subject to punishment under section 1-8 of the Code of Ordinances for the City of Hammond.
(g) An intent to possess an open container of alcoholic beverage is essential and may be inferred when any of the contents of said containers or receptacle has been partially removed.
There shall be a presumption that there is no intent to possess an open container of alcoholic beverage when said container or other receptacle is located in any portion of the motor vehicle other than the driver and passenger compartment of the vehicle.
(h) The provisions of this section shall not apply to:
(1) Persons driving, operating or occupying a motor vehicle and 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.
(2) Occupants, other than the drivers, of a hired bus, limousine or other duly permitted for hire motor vehicle.
(3) Establishments, including those which serve food or drink or provide entertainment, which have on-premises areas designated for use by patrons, whether said area be a courtyard, patio or other area designated for patron use.
(4) Persons and/or invited guests who are engaged in private parties and/or outings on property which they own and/or over which they have leased rights and/or persons consuming alcohol on private property which they own or over which they have leasehold rights.
(i) Any organization or other association, whether nonprofit, charitable, may apply for a variance from the provisions of this section through the city council for a specific event and, upon the granting of the variance, this section shall not apply to the specific event only.
(Ord. No. 2687, C.S., 5-2-00)
Parish Ordinances
CHAPTER 2. – ALCOHOLIC BEVERAGE CONTROL
Section 10-2001. – Time of sale restricted.
(a) It shall be unlawful for any person, firm or corporation to allow any saloon, bar room, bar or cocktail lounge to remain open between the hours of 2:00 a.m. and 6:00 a.m. on any day of the week or to remain open between the hours of 2:00 a.m. on Sundays and 6:00 a.m. on Mondays.
(b) Whosoever shall violate the provisions of this section by allowing any saloon, bar room, bar or cocktail lounge to remain open between the hours of 2:00 a.m. and 6:00 a.m. on any day of the week or between the hours of 2:00 a.m. on Sundays and 6:00 a.m. on Mondays, whether the person bet the owner, partner, manager, bartender, helper, employee or agent of the saloon, bar room, bar or cocktail lounge shall for each offense be deemed guilty of a misdemeanor and upon trial and conviction thereof shall be punished as provided in Section 1-1008
(c) Nothing in this section is to be construed to prevent any person from entering a saloon, bar room, bar or cocktail lounge between the hours of 2:00 a.m. and 6:00 a.m. or the hours from 2:00 a.m. Sundays until 6:00 a.m. Mondays for the purpose of cleaning or repairing the premises or for any emergency.
(d) It shall be unlawful for any person, firm or corporation to sell, barter or trade any spirituous, vinous, or malt liquors containing more than one-half of one percent (½%) of alcohol between the hours of 2:00 a.m. and 6:00 a.m. on any day in the town and it shall be unlawful for any person, firm, or corporation to sell, barter, or trade any spirituous, vinous or malt liquors, except beer and wine coolers, or any other beverage containing six percent (6%) or more of alcohol between the hours of 2:00 a.m. on Sundays and 6:00 a.m. on Mondays in the town.
(Ord. No. 392, 2-9-51; Ord. No. 6-2004, 5-4-04; Ord. No. 8-2004, 6-14-04; Ord. No. 2-2011, 1-4-11)
