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.
Parish Ordinances
Sec. 4-21. – Hours of operation.
(a) The operating house regulating the sale of alcoholic beverages and the operating hours regulating businesses whose main business is derived from the sale of alcoholic beverages in the parish are as follows:
(1) No person holding a retail dealer’s permit and no associate, representative, servant, agent or employee of the permittee shall do or permit any of the following acts to be done on or about the licensed premises:
- Sell, offer for sale, serve or give alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. on all days.
- Allow the possession or consumption of alcoholic beverages on the premises between the hours of 2:00 a.m. and 6:00 a.m. on all days.
- Allow anyone except employees to be or remain on the premises between 2:00 a.m. and 6:00 a.m. when the sale or handling of alcoholic beverages constitutes the main business.
(2) This section exempts the following days from the curfew hours:
- Christmas Eve;
- Christmas Day;
- New Year’s Eve;
- New Year’s Day;
- Fourth of July; and
- Any other days exempted by vote of the council or by proclamation of the parish president.
(b) Grocery stores, drugstores or other establishments whose main business is not the sale of low and/or high content alcoholic beverages may remain open for the sale of other items permitted by law, but any sale of consumption of alcoholic beverages in such places of business during the prohibited hours above set forth is expressly prohibited.
(c) Any person convicted of violating any provision of this section shall:
(1) On the first offense, the offender shall be fined not more than $100.00 or imprisoned for not more than ten days or both.
(2) On the second conviction, the offender shall be fined not less than $250.00 or more than $500.00 or imprisoned for not more than 30 days or both.
(3) On the third or subsequent conviction, the offender shall be fined $500.00 or imprisoned for not more than 30 days or both, and the offender’s license may be suspended for not more than ten days.
(Code 1988, § 15:4; Ord. No. 02-80, 1-28-2003)
Parish Ordinances
Sec. 6-12. Hours of operation; penalties.
(a) The operating hours regulating the sale of alcoholic beverages and the operating hours regulating businesses whose main business is derived from the sale of alcoholic beverages in the parish are as follows:
(1) No person holding a retail dealer’s permit and no associate, representative, servant, agent or employee of the permittee shall do or permit any of the following acts to be done on or about the licensed premises:
- Sell, offer for sale, serve or give alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. on all days except Saturday and Sunday, when the morning hours shall be 2:30 a.m. and 6:00 a.m.
- Allow the possession or consumption of alcoholic beverages on the premises between the hours of 2:30 a.m. and 6:00 a.m. on all days except Saturday and Sunday, when the morning hours shall be 3:00 a.m. and 6:00 a.m.
- Allow anyone except employees to be or remain on the premises between 3:00 a.m. and 6:00 a.m. when the sale or handling of alcoholic beverages constitutes the main business (60 percent of income).
(2) This section exempts the following days from the curfew hours:
- Christmas Eve;
- Christmas Day;
- New Year’s Eve;
- New Year’s Day;
- Fourth of July; and
- Any other days exempted by vote of the council or by proclamation of the parish president.
(b) Grocery stores, drugstores or other establishments whose main business is not the sale of alcoholic beverages of high or low alcoholic content may remain open for the sale of other items permitted by law, but any sale or consumption of alcoholic beverages in such places of business during the prohibited hours above set forth is expressly prohibited.
(c) Any person convicted of violating any provision of this section shall:
(1) On the first offense, be fined not more than $100.00 or imprisoned for not more than ten days or both.
(2) On the second conviction, the offender shall be fined not less than $250.00 nor more than $500.00 or imprisoned for not more than 30 days or both.
(3) On the third or subsequent conviction, the offender shall be fined $500.00 or imprisoned for not more than 30 days or both, and the offender’s license may be suspended for not more than ten days.
(Code 1990, § 14:12)
