Parish Ordinances
Sec. 10-26. – Sale, consumption of alcoholic beverages and liquor in public prohibited; exemption.
(a) Sale of alcoholic beverages and liquor on streets and sidewalks or in public prohibited. No person shall sell alcoholic beverages or liquor on the streets, sidewalks or other public rights-of-way of the city; nor shall a person sell such alcoholic beverages or liquors from a window, door or other aperture facing a street or sidewalk or other public right-of-way within the city limits.
(b) Consumption of alcoholic beverages and liquor in public prohibited. No person shall consume an alcoholic beverage or liquor, or have in possession any alcoholic beverages or liquor in an open container while standing, walking, sitting or riding on the public streets or sidewalks of the city, or on public property of the state or any of its political subdivisions, including, but not limited to, public property of the parish and the parish school board, or on private property held out and devoted or dedicated in use by the public such as, but not limited to, shopping center parking lots and business establishment parking lots; exempted from this section shall be the Lake End Park, a publicly owned recreational area.
(c) Violations; penalty. Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than six months, or both; in addition, the judge may order community service.
(d) Exemption. There shall be exempted from this section the immediate area of any special event such as a fair and/or festival when sponsored by a nonprofit organization and when a permit has been granted by the city. Such permit shall specifically delineate the boundaries of the immediate area and the time period for which the special event is authorized to be held. A signed copy of each permit shall be furnished to the chief of police. The fine shall be not more than $500.00 or six months or both; in addition, the judge may order community service.
Sec. 10-27. – Open containers.
(a) It shall be unlawful to sell, disburse or permit the sale or disbursement of alcoholic beverages or liquor, including beer, in an open container for consumption off the licensed premises or to furnish open containers to patrons for the intent and purpose of removal and consumption of alcoholic beverages and liquors, including beer, off the licensed premises.
(b) For the purpose of this section, the term “open container” shall mean any container not sealed by the distillery of the alcoholic beverage or liquor, including beer; and the term “open container” includes, but is not limited to, paper or plastic containers regardless of whether the container has a top affixed to it.
(c) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than six months or both; in addition, the judge may order community service. In addition to any other penalty which may be imposed for violation of this section, violation of this section may subject the violator to a revocation of the liquor license and permit for a period of one year.
Sec. 10-43. – Bar dispensers and servers—Certification required; penalty.
(a) In order to further carry out the regulation of businesses dealing in alcoholic beverages as authorized by R.S. 26 and under the express authority granted in R.S. 26:493 and in order to further protect the health, safety and morals of the citizens of the city, no one shall dispense or serve alcoholic beverages of either low or high alcoholic content from the bar of any business licensed under this article for on-the-premises consumption, except a person duly certified by the chief administrative officer as qualified to dispense or serve alcoholic beverages.
(b) The dispensing or serving of any such alcoholic beverages at any place of business by anyone other than a person duly certified by the chief administrative officer shall subject the holder of the alcoholic beverage permit or license for that place of business to having his permit suspended or revoked.
(c) The chief administrative officer may elect to issue a provisional certification that is valid for a period of 21 days, unless documentation is provided that provisions of this article for a dispenser or server permit cannot be met; then the provisional certification will be revoked immediately. A provisional certification will be issued only one time prior to an initial application for a nonrefundable fee of $10.00. Once the provisions of this article for a dispenser or server permit are met, permanent certification will be issued.
(Code 1961, § 3-20; Ord. No. 08-6, § 1, 8-26-2008)
Sec. 10-44. – Same—Qualifications for certification; exceptions; appeal.
(a) Each applicant for a certificate of qualification to dispense alcoholic beverages from behind the bar or to serve alcoholic beverages in a place licensed for on-the-premises consumption shall present to the chief administrative officer a photograph of himself the size designated by the chief administrative officer and shall be fingerprinted by the police department.
(b) Each applicant shall pay to the director of finance, at the time of receiving his license, a fee of $25.00 to cover the cost of issuing such certificate. This permit shall be renewed annually, on December 1, with the approval of the chief of police upon his certification that all requirements of the provision of this article for a dispenser’s or server’s permit are met, and a renewal fee of .00 has been paid.
(c) Each applicant for a certificate of qualification to dispense alcoholic beverages from behind a bar or to serve alcoholic beverages shall possess the following qualifications:
(1) Is a person of good character and reputation and over 18 years of age.
(2) Is a citizen of the United States and this state continuously for a period of not less than two years next 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 in any other state by the United States or any other country of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of a juvenile, keeping a disorderly place, or illegally dealing in narcotics.
(5) Has not had a license or permit to sell or deal in alcoholic beverages, issued by the United States, any state, or by any political subdivision of a state authorized to issue permits or licenses revoked within one year prior to the application, or has been convicted 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 a court of violating any of the provisions of R.S. 26
(7) Has not been convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of R.S. 26:493.
(8) Has not had a certificate of qualification to dispense alcoholic beverages from the bar or to serve alcoholic beverages issued by any other parish, municipality or state suspended or revoked.
(d) The application for a certificate of qualification shall be in writing and sworn to and shall contain the full name and correct address of the applicant and shall include a sworn statement that he possesses the qualifications set forth in subsection (c) of this section.
(e) The chief administrative officer may refuse to issue a certificate of qualification to dispense alcoholic beverages from the bar or to serve alcoholic beverages to any person who lacks any of the qualifications set forth in subsection (c) or in the interest of the public health, safety and morals.
(f) Any act or failure to act by any person certified to be qualified to dispense or to serve alcoholic beverages under the provision of this section which is a violation of this article shall subject such person to having his certificate to dispense alcoholic beverages from behind a bar or to serve alcoholic beverages suspended or revoked by the mayor and council.
(g) Any person convicted of dispensing alcoholic beverages from a bar or serving without having a certificate of qualification to do so shall be subject to the penalty provided in section 1-13
(h) The holder of a permit to sell alcoholic beverages at a particular establishment may dispense alcoholic beverages from behind the bar at that establishment without having the certification of qualification required by this section.
(i) New employees hired to dispense or serve alcoholic beverages shall be required to secure a certificate of qualification prior to the beginning of their employment.
(j) Any person aggrieved by the decision of the chief administrative officer to refuse to issue, or to suspend or revoke, a certificate of qualification may take a devolutive appeal therefrom to the council within 15 days of written notification of the decision. The appeal must be taken by submitting a written request to the chief administrative officer. The mayor and council shall hear the appeal within 20 days of receipt of the notice of appeal by the chief administrative officer. The decision of the chief administrative officer shall be final unless appealed within the time and in the manner set forth.
Sec. 10-134. – Bar dispensers and servers—Certification required; penalty.
(a) In order to further carry out the regulation of businesses dealing in alcoholic beverages as authorized by R.S. 26 and under the expressed authority granted in R.S. 26:493, and in order to further protect the health, safety and morals of the citizens of the city, no one shall dispense or serve alcoholic beverages of either low or high alcoholic content from the bar of any business licensed under this article for on-the-premises consumption, except a person duly certified by the chief administrative officer as qualified to dispense or serve alcoholic beverages.
(b) The dispensing or serving of any such alcoholic beverage at any such place of business by anyone other than a person duly certified by the chief administrative officer shall subject the holder of the alcoholic beverage permit or license for that place of business to having his permit suspended or revoked.
(c) The chief administrative officer may elect to issue a provisional certification that is valid for a period of 21 days, unless documentation is provided that provisions of this article for a dispenser or server permit cannot be met; then the provisional certification will be revoked immediately. A provisional certification will be issued only one time prior to an initial application for a nonrefundable fee of $10.00. Once the provisions of this article for a dispenser or server permit are met, permanent certification will be issued.
(Code 1961, § 3-45; Ord. No. 08-7, § 1, 8-26-2008)
Sec. 10-135. – Same—Qualification for certification; exceptions; appeal.
(a) Each applicant for a certificate of qualification to dispense alcoholic beverages from behind the bar or to serve alcoholic beverages in a place licensed for on-the-premises consumption shall present to the chief administrative officer a photograph of himself of the size designated by the chief administrative officer and shall be fingerprinted by the police department.
(b) Each applicant shall pay to the director of finance, at the time of receiving his license, a fee of $25.00 to cover the cost of issuing such certificate. The permit shall be renewed annually on December 1, with the approval of the chief of police, upon his certification that all requirements of the provisions of this article for a bar dispenser’s or server’s permit are met and a renewal fee of .00 has been paid.
(c) Each applicant for a certificate of qualification to dispense alcoholic beverages from behind a bar or to serve alcoholic beverages shall possess the following qualifications:
(1) Is a person of good character and reputation.
(2) Is a citizen of the United States and of the state and a resident of the state continuously for a period of not less than two years next 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 in any other state or by the United States or any other country of soliciting prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, or illegally dealing in narcotics.
(5) Has not had a license or permit to sell or deal in alcoholic beverages, issued by the United States, any state, or by any political subdivision of a state authorized to issue permits or licenses, revoked within one year prior to the application, or has been convicted 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 a court of violating any of the provisions of R.S. 26
(7) Has not been convicted of violating 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 or to serve alcoholic beverages from the bar issued by any other parish, municipality or state suspended or revoked.
(d) The application for a certificate of qualification shall be in writing and sworn to and shall contain the full name and correct address of the applicant and shall include a sworn statement that he possesses the qualifications set forth in subsection (c) of this section.
(e) The chief administrative officer may refuse to issue a certificate of qualification to dispense alcoholic beverages from the bar to any person who lacks any of the qualifications set forth in subsection (b) of this section or in the interest of the public health, safety and morals.
(f) Any act or failure to act by any person certified to be qualified to dispense alcoholic beverages under the provisions of this section which is a violation of this article shall subject such person to having his certificate to dispense alcoholic beverages from behind a bar suspended or revoked by the mayor and council.
(g) Any person convicted of dispensing alcoholic beverages from a bar or serving without having a certificate of qualification to do so shall be subject to the penalty provided in section 10-137
(h) The holder of a permit to sell alcoholic beverages at a particular establishment may dispense or serve alcoholic beverages from the bar at that establishment without having the certificate of qualification required by this section.
(i) New employees hired to dispense alcoholic beverages or to serve shall be required to secure a certificate of qualification prior to the beginning of their employment.
(j) Any person aggrieved by the decision of the chief administrative officer to refuse to issue, or to suspend or revoke, a certificate of qualifications may take a devolutive appeal therefrom to the council within 15 days of written notification of the decision. The appeal must be taken by submitting a written request to the chief administrative officer. The council shall hear the appeal within 20 days of receipt of the notice of appeal by the chief administrative officer. The decision of the chief administrative officer shall be final unless appealed within the time and in the manner set forth.
(Code 1961, § 3-46)
Sec. 10-231. – No sales between certain hours; bars, saloons to close; other stores may remain open.
(a) No holder of a retail dealer’s license and permit issued in accordance with this chapter, and no servant, agent or employee of such licensee and permittee, shall sell or permit the consumption of any alcoholic beverages or the presence of open containers or the playing of video poker between the hours of 2:00 a.m. and 6:00 a.m. on each day of the week, Sunday through Saturday.
(b) All bars, saloons, nightclubs or any other place of business licensed under the provisions of this chapter shall be closed at 2:00 a.m. continuously until 6:00 a.m. on each day of the week, Sunday through Saturday.
(c) Restaurants, grocery stores, convenience stores and other similar stores may remain open for the sale of other items and merchandise permitted by law; but the sale or consumption of alcoholic beverages in and on such places of business between the hours of 2:00 a.m. and 6:00 a.m. on each day of the week from Sunday through Saturday is expressly prohibited.
(d) All holders of a retail dealer’s license and permit issued in accordance with this chapter, any and all servants, employees, or agents of the licensees and permittees shall be permitted to remain in the bar, saloon or nightclub or other place of business licensed under these provisions for the provisions for the purposes of accounting, repair, maintenance, cleaning, preparation or other reasonable and lawful purposes between 2:00 a.m. and 6:00 a.m.
(Code 1961, § 3-51; Ord. No. 02-19, § 1, 9-24-2002)
Sec. 10-232. – Exceptions.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Alcoholic beverages is as defined in section 10-21.
Closed, as it pertains to bars, lounges, saloons, etc., shall mean that the entire licensed building shall be locked and that no one shall be inside of the premises except as provided for herein.
(b) Applications. The following exceptions shall apply to limitations on sales and to the closing provisions of this article:
(1) The holders of a retail dealer’s license and permit issued in accordance with this chapter, servants, employees or agents of the licensees of permittees may be in or upon the licensed premises at any time and during the period mandated to be closed by this article, provided that each person bears some written form of proof establishing that they are the holders of a retail dealer’s license and permit issued in accordance with this chapter, an employee, a servant or an agent of the licensee or permittee. Under no circumstances shall more than four persons be allowed in or upon the licensed premises in accordance with this section. If the persons are not holders of retail dealer’s license and permit issued or in accordance with this chapter or an actual employee, they must provide proof of employment or contract for services and their names to the chief of police before being present in any bar, saloon, or nightclub as covered in this section, after 2:00 a.m.
(2) A watchman or watchmen employed by the permitee may be in or upon the licensed premises at any time and during the period mandated to be closed by this article, provided that the name and hours of employment of the watchman shall be provided in advance to the chief of police prior to his employment.
(3) An exemption from the provisions of this article may be granted for any special event such as a fair and/or festival when a specific permit has been secured from the mayor and council. Such a permit may be granted only under the following circumstances, and a copy shall be furnished in advance to the chief of police:
- The special event must be sponsored by a recognized nonprofit organization.
- There must be a compelling sequence of events that justifies the sale and consumption of alcoholic beverages after 2:00 a.m.
- The permit shall be for one time only and shall not be a blanket permit covering more than one early-morning occasion.
- The permit shall be for one specific address and location.
(Code 1961, § 3-52; Ord. No. 02-19, § 1, 9-24-2002)
Parish Ordinances
Sec. 3-24. Prohibited acts by retail dealers generally; hours of operation.
(a) No holder of a retail dealer’s license and permit issued hereunder, and no servant, agent or employee of such licensee and permittee shall:
(1) Commit or do on the licensed premises, any of the acts and things prohibited by the provisions of Louisiana Revised Statutes, Title 26, Section 88, or by an other applicable law of Louisiana, and Town of Berwick, all of which are made a part hereof by reference for all purposes as fully as if written herein in extenso; or
(2) Sell any of the beverages aforedescribed between the hours of 2:00 a.m. and 6:00 a.m. on each day of the week from Sunday through Saturday.
(b) Restaurants, grocery stores, convenience food stores, or other such similar stores, may remain open for sale of other items permitted by law, but any sale or consumption of alcoholic beverages in said places of business during the prohibited periods above set forth is expressly prohibited.
(c) All bars, saloons, shops, stores or any other place of business licensed under the provisions of this chapter excepting restaurants, grocery stores, convenience food stores, etc., as aforementioned, shall be closed at 2:30 a.m. continuously until 6:00 a.m. the same day Sunday through Saturday of each week.
(d) The term “closed”, as used in this section or elsewhere in this chapter shall mean that “the entire licensed building shall be locked, that all lights shall be out and that no one shall be inside of said premises.
(e) The following exceptions and no others shall apply to the closing provisions of this section:
(1) One watchman employed by the permittee may be in or upon licensed premises at any time, provided that his name, description and hours of employment shall be furnished to the police department prior to his employment; and provided further that no sale or consumption of alcoholic beverages shall be permitted upon the licensed premises. A current list of all such watchmen shall be forwarded monthly to the police department for the Town of Berwick.
(Ord. No. 240, 7-8-80; Ord. No. 275, 4-26-83)
Sec. 3-29. Sale, consumption of alcoholic beverages and liquor on streets, sidewalks or in public.
(a) Definitions. For purposes of this section, definitions are as follows:
(1) “Alcoholic beverages” means any fluid or any solid capable of being converted into fluid, suitable for human consumption, and containing more than one-half (frax;1;2;) of one per cent alcohol or intoxicating liquors, beer, porter, ale, stout, fruit juices or wine.
(2) “Liquor” means all distilled or rectified alcoholic spirits, brandy, whiskey, rum, gin and all similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing such as liquors, cordials and similar compounds.
(b) Sale of alcoholic beverages and liquor on streets and sidewalks or in public prohibited. No person shall sell alcoholic beverages or liquor on the streets, sidewalks or other public rights-of-way of the town, nor shall a person sell such alcoholic beverages or liquors from a window, door or other aperture facing a street or sidewalk or other public right-of-way within the city limits of the town.
(c) Consumption of alcoholic beverages and liquor in public prohibited. No person shall consume an alcoholic beverage or liquor while standing, walking, sitting or riding on the streets, sidewalks, roads or other public rights-of-way located within the town. There is specifically included within the areas covered by this section all property located within the rights-of-way of the Louisiana Highway 182 and U.S. Highway 90 bridges and all approaches and exits from these bridges.
(d) Exemption. There shall be exempted from this section the immediate area of any special event such as a fair and/or festival when sponsored by a nonprofit organization and when a permit has been granted by the town. Such permit shall specifically delineate the boundaries of the immediate area and the time period for which the special event is authorized to be held. A signed copy of each permit shall be furnished to the chief of police.
(Ord. No. 240, 7-8-80; Ord. No. 410, 3-14-95)
Sec. 3-32. Private nightclubs, private dance clubs or for pay parties—Definition, closing hours.
(a) “Private nightclubs”, “private dance clubs”, or “for pay party establishments” shall be defined as:
(1) Any commercial establishment where alcohol or non-alcoholic beverages are consumed on the premises and an admittance fee, or any other form of payment is required for entry to the establishment; or
(2) Any establishment that does not charge an admittance fee or other form of payment for entry but which provides music or other audio or visual entertainment to patrons and the owner, operator and/or their servants, their agents, or their employees engage in the retail sale of food or beverages for consumption on the premises.
(b) Private nightclubs, private dance clubs or for pay party establishments as defined herein shall be subject to closing as required in section 3-24 and owners, operators, and/or their servants, their agents, or their employees shall not permit the consumption of any alcoholic beverages on the premises between the hours of 2:00 a.m. and 6:00 a.m. on each day of the week, Sunday through Saturday. Private nightclubs, private dance clubs or for pay party establishments shall be closed from 2:30 a.m. continuously until 6:00 a.m. on each day of the week, Sunday through Saturday.
(c) Private nightclubs, private dance clubs or for pay party establishments shall not be permitted any exceptions to closing hours.
(d) It shall be unlawful and a crime to violate the provisions of this section. Violations of this section shall be punished in accordance with section 1-8 of the Code of Ordinances.
(e) This section shall not be applicable to retail businesses such as convenience stores, grocery stores, all night discount or department stores, and restaurants (as long as the restaurant derives seventy-five (75) per cent of its revenues from the sales of food prepared for consumption on the premises or for take out).
(Ord. No. 527, 9-9-03)
Sec. 3-18. Bar dispensers—Certification required; penalty.
(a) In order to further carry out the regulation of businesses dealing in alcoholic beverages as authorized by Title 26 of the Louisiana Revised Statutes and under the express authority granted in R.S. 26:494 and in order to further protect the health, safety and morals of the citizens of the town, no one shall dispense alcoholic beverages of either low or high alcoholic content from the bar of any business licensed under this chapter for on-the-premises consumption, except a person duly certified by the town clerk as qualified to dispense alcoholic beverages.
(b) The dispensing of any such alcoholic beverages at any place of business by any one other than a person duly certified by the town clerk shall subject the holder of the alcoholic beverage permit or license for that place of business to having his permit suspended or revoked.
(Ord. No. 230, 9-11-79)
Sec. 3-19. Same—Qualifications, etc., for certification; exceptions; appeal.
(a) Each applicant for a certificate of qualification to dispense alcoholic beverages from behind the bar in a place licensed for on-the-premises consumption shall present to the police chief a photograph of himself of the size designated by the police chief and shall be fingerprinted by the police department.
(b) Each applicant shall pay to the police chief, at the time of receiving his license, a fee of twenty-five dollars ($25.00) to cover the cost of issuing such certificate, plus any fee levied by the State of Louisiana.
(c) Each applicant shall be required to keep on his person, at all times while dispensing alcoholic beverages from behind a bar, the permit issued.
(d) The permit shall be renewed each year on December 31st upon the approval of the chief of police, upon his certification that all requirements of the provisions of this section for bar dispensing permit have been met and a renewal fee of fifteen dollars ($15.00) plus any fee levied by the State of Louisiana has been paid.
(e) A fee of twenty-five dollars ($25.00) plus any fee levied by the State of Louisiana shall be charged for a duplicate of a valid permit.
(f) A fee of twenty-five dollars ($25.00) plus any fee levied by the State of Louisiana shall be charged for a duplicate/renewal permit.
(g) Each applicant for a certificate of qualification to dispense alcoholic beverages from behind a bar shall possess the following qualifications:
(1) Is a person of good character and reputation and over eighteen (18) years of age.
(2) Is a citizen of the United States and of the State of Louisiana and a resident of the State of Louisiana continuously for a period of not less than two (2) years next preceding the date of the filing of the application.
(3) Has not been convicted of a felony under the laws of the United States, the State of Louisiana, or any other state or country.
(4) Has not been convicted in this or in 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 illegally dealing in narcotics.
(5) Has not had a license or permit to sell or deal in alcoholic beverages, issued by the United States, any state, or by any political subdivision of a state authorized to issue permits or licenses, revoked within one year prior to the application, or been convicted 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 a court of violating any of the provisions of Title 26 of the Louisiana Revised Statutes.
(7) Has not been convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of R.S. 26:494.
(8) Has not had a certificate of qualification to dispense alcoholic beverages from the bar issued by any other parish, municipality, or state, suspended or revoked.
(h) The application for certificate of qualification shall be in writing and sworn to and shall contain the full name and correct address of the applicant and shall include a sworn statement that he possesses the qualifications set forth in subsection (g) of this section.
(i) The police chief may refuse to issue a certificate of qualification to dispense alcoholic beverages from the bar to any person who lacks any of the qualifications set forth above or in the interest of the public health, safety and morals.
(j) Any act, or failure to act, by any person certified to be qualified to dispense alcoholic beverages under the provisions of this section, which is a violation of this chapter, shall subject such person to having his certificate to dispense alcoholic beverages from behind a bar suspended or revoked by the mayor and council.
(k) Any person convicted of dispensing alcoholic beverages from a bar without having a certificate of qualification to do so shall be subject to the penalty provided in section 1-8 of this Code.
(l) However, the holder of a permit to sell alcoholic beverages at a particular establishment may dispense alcoholic beverages from behind the bar at that establishment without having the certification of qualification required by this section.
(m) New employees hired to dispense alcoholic beverages shall be required to secure a certificate of qualification prior to the beginning of their employment.
(n) Any person aggrieved by the decision of the police chief or town clerk to refuse to issue, or to suspend or revoke, a certificate of qualification, may take a devolutive appeal therefrom to the council within fifteen (15) days of written request therefor to the town clerk. The mayor and council shall hear said appeal within forty-five (45) days of receipt of said notice of appeal by the town clerk. The decision of the town clerk and or police chief shall be final unless appealed within the time, and in the manner, set forth above.
(Ord. No. 230, 9-11-79; Ord. No. 381, 4-13-93)
Parish Ordinances
Sec. 3-40. – Licensed premises, hours of operation.
(a)
No person holding an alcoholic beverage permit and no servant, agent or employee of the permittee shall sell or offer for sale at retail, or to give away, in or upon any licensed premises, any alcoholic beverage between the hours of 12:05 a.m. and 6:00 a.m. on any Monday; nor between the hours of 2:00 a.m. and 6:00 a.m. of any Tuesday, Wednesday or Thursday; nor between the hours of 2:00 a.m. and 5:00 a.m. of any Friday or Saturday; nor between the hours of 2:00 a.m. and 6:00 a.m. on any Sunday.
(b)
It shall be unlawful to keep open for business or to admit the public to or permit the public to remain within, or to permit the consumption of alcoholic beverages in or upon any premises in which alcoholic beverages are sold at retail during the hours within which the sale of such beverages is prohibited; provided that in case of restaurants, hotels and other retail businesses where the sale of alcoholic beverages is not the primary source of revenue (less than 40 percent of income), such establishments may be kept open for business during such hours, but no alcoholic beverages may be sold to, or consumed by, the public during such hours.
(Code 1975, § 14-17; Ord. No. 2092, 10-14-1997)
Cross reference— Operating hours of alcoholic beverage establishments during the crawfish festival, § 4-59.
Sec. 3-41. – Public nuisance cause for suspension, revocation, or nonrenewal of permit.
(a)
In addition to any other causes enumerated in this article, the board of aldermen, on the recommendation of the mayor, the city prosecutor or the chief of police, may suspend, revoke, or refuse to renew an alcoholic beverage permit on the grounds that a business establishment selling alcoholic beverages is a public nuisance.
(b)
“Public nuisance” is defined as follows:
(1)
Any business establishment where there occurs three felony crimes in one year.
(2)
Any business establishment where there occurs three drug arrests in one year.
(3)
Any business establishment which is the subject of six disturbance complaints to the police department in one year.
(4)
Any business establishment where, on its premises during its usual hours of operation, there are six instances of loitering, as defined by the criminal code of the city.
(5)
Any business establishment, which sells alcoholic beverages after midnight on Friday, Saturday or Sunday, whether or not such alcoholic beverages are sold for consumption on the business premises, which fails to provide qualified security personnel. “Qualified security personnel” shall be any person duly commissioned by a public law enforcement agency within the state.
(c)
The city, upon receiving a recommendation that a business establishment is a public nuisance, shall provide written notice of such recommendation, at least seven days prior to the proposed hearing, which hearing shall be held at a public meeting of the board of aldermen. Such notice may be made by certified mail, or personal service as in civil suits, and shall include the purpose of the hearing, the date and time of the scheduled hearing, the nature of the violation and the possible penalties.
(d)
After the hearing, and upon finding that grounds exist to declare a business establishment a public nuisance, the board of aldermen may suspend, revoke or refuse to renew the subject alcoholic beverage permit. In the alternative, the board of aldermen may set a fine of not less than $250.00 nor more than $500.00. In any event, the penalty shall be mandatory, and each separate occurrence shall be deemed a separate violation.
(e)
A business establishment found to be a public nuisance after a hearing before the board of aldermen shall be entitled to file an appeal to the 16th Judicial District Court for St. Martin Parish, Louisiana, within seven days from the completion of the hearing, however, such appeal shall not suspend imposition of the penalty.
(f)
Upon any subsequent finding within two years that a business establishment is a public nuisance, after a hearing by the board of aldermen, the penalty shall be revocation of the alcoholic beverage permit. Any owner of a business establishment which has had its alcoholic beverage permit revoked on the grounds of being found a public nuisance on a subsequent occasion shall be prohibited from holding an alcoholic beverage permit issued by the city for a period of five years.
(Ord. No. 1037-A, 6-27-1995)
Parish Ordinances
Sec. 4-48. Operating hours.
(a) No person, firm, or entity holding an alcoholic beverage permit and/or retailer’s dealer permit, and no agent, associate, employee, representative, or servant thereof, shall do or permit any of the following acts on any premises which the said person, firm, or entity may own, lease, or otherwise be in possession:
(1) Sell, offer for sale, serve, or distribute alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. on Tuesdays through Sundays and between the hours of 12:01 a.m. and 6:00 a.m. on Mondays.
(2) Allow the possession or consumption of alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. Tuesdays through Sundays and between the hours of 12:01 a.m. through 6:00 a.m. on Mondays.
(3) Allow anyone, except employees, to be or remain on the premises between 2:00 a.m. and 6:00 a.m. on Tuesdays through Sundays and between the hours of 12:01 a.m. and 6:00 a.m. on Mondays.
(b) This section shall not be applicable on Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day, and any other day which the parish council deems fit to exempt by two-thirds vote.
(c) The provisions of subsection (a)(3) of this section shall not apply to any restaurant, hotel/motel, and any other retail business where the sale of alcoholic beverages comprises less than 25 percent of the business’s gross revenue. Nevertheless, any such business shall not sell, serve, or allow to be consumed by the public any alcoholic beverages between the said hours of 12:01 a.m. and 6:00 a.m. on Mondays.
(d) Whoever violates the provisions of this section shall be fined not less than $100.00, nor more than $500.00, imprisoned for not more than 30 days, or both.
(Code 1979, § 3-29; Ord. of 10-5-1982, § 1; Ord. No. 05-11-0615-OR, § 3-29, 11-1-2005)
Parish Ordinances
Sec. 4-1. – Hours of sale—Restricted.
(a)
It shall be unlawful for anyone to sell or to serve alcoholic beverages or beer in any business establishment within St. Landry Parish, Louisiana, between the hours of 2:00 a.m. and 6:00 a.m. daily;
(b)
It shall be unlawful to enter any place of business or establishment where alcoholic beverages or beer are being sold after the hour of 2:00 a.m. and before the hour of 6:00 a.m. daily; and it shall be unlawful for the owner, manager, operator, agent or employees of any establishment where alcoholic beverages or beer are being sold to permit anyone to enter therein between the hours of 2:00 a.m. and 6:00 a.m. daily;
(c)
Any person in the place of business or upon the premises where alcoholic beverages are sold shall promptly absent himself therefrom at 2:00 a.m. daily; and the owner, manager, operator, agent or employees of such place of business shall cause the premises where such alcoholic beverages are being sold to be vacated by all persons, except the owner, manager, operator, agent or their employees, promptly at the hour of 2:00 a.m. daily;
(d)
It shall be unlawful for anyone to consume any alcoholic beverages or beer in a public place within the Parish of St. Landry, Louisiana between the hours of 2:00 a.m. and 6:00 a.m. on any day.
(Ord. No. 2010-005, 8-18-10; Ord. of 1-19-11(1))
State law reference— La. R.S. 26:493.
