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)
Parish Ordinances
Sec. 6-33. Compliance with zoning laws—Location of bar/saloon business limited.
No permit shall be granted to operate any bar/saloon (class A general liquor and/or beer) without full compliance with all of the zoning laws of the Town of Lutcher.
In addition to the zoning and other legal requirements, no permit to operate any bar/saloon (class A general liquor and/or beer) shall be granted for any premises situated within 300 feet or less of a public playground or of a building used exclusively as a church or synagogue, public library, school, full-time day care center as defined in R.S. 17:405(A)(4), or a correctional facility housing inmates, including, but not limited to, a halfway house.
(1) The measurement of the 300-foot limitation is by measuring in a straight line from the nearest point of the property line of the church or synagogue, public library, school, or full-time day care center to the nearest point of the premises to be licensed.
(2) The prohibitions in this section do not apply to any premises which are maintained as a bona fide hotel, or fraternal organization, nor to any premises which have been licensed to deal in alcoholic beverages and continuously operated for a period of one year prior to the adoption of this section.
(3) For the purposes of this section, “public library” shall mean a public library, which is located in a permanent structure and is open to the public for three or more days per week.
(4) This section is adopted as per Louisiana R.S. 26:81.
(Ord. No. 87-14, § 1(10-2003), 12-1-87; Ord. No. 88-10, § 1, 10-7-88; Ord. No. 11-01, 3-1-11)
Cross reference— Zoning, ch. 102.
State law reference— Municipal zoning regulations, R.S. 33:4721 et seq.
Sec. 6-67. Establishments where sale of alcoholic beverages is main business.
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 town are as follows:
(1) No person holding a retail dealers 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 mayor.
(Ord. of 11-2-83(1), § 1; Ord. No. 95-5, 8-4-95; Ord. No. 06-01, 4-3-06
Parish Ordinances
Sec. 6-1. – Open containers.
(a)
It shall be unlawful for any person to possess, carry or drink any alcoholic beverages from any opened glass, paper, plastic, metal or other container in or on any public streets, alleys, sidewalks, parks, public gatherings or on grounds where a public gathering is being held within the town.
(b)
The recreation board may suspend this section for the public park for special events as it deems appropriate by a two-thirds vote. Notice of the suspension of this section must be conveyed to the chief of police at least 24 hours in advance of the effective time and date of any suspension.
(c)
It shall be unlawful for owner of any establishment who sells beverages in glass or metal containers in the town to knowingly allow any person to leave the premises of the establishment carrying an opened glass or metal container containing alcohol.
(Code 1969, § 10-22(a)—(c))
Sec. 6-62. – Businesses with retail dealer’s permit.
(a)
Generally. 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 town is as provided in this section.
(b)
Prohibited acts. 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 on or about the licensed premises:
(1)
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.
(2)
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.
(3)
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 income).
(Code 1969, § 3-1; Ord. No. 589-07, 3-12-07)
Parish Ordinances
Sec. 14-1. – Carrying, drinking from open containers on public streets, roads, rights of ways, park or sidewalk, etc. prohibited.
A.
It shall be unlawful for any person to carry any open container, whether glass, metal, wood, plastic or other material, containing any alcoholic beverage of high or low content in, upon or onto any public street, roadway, thoroughfare, right of way, sidewalk, park, school property, public building or public lands.
B.
It shall be unlawful for any person to carry any open container, whether glass, metal, wood, plastic or other material, containing any alcoholic beverages of high or low content in, upon or onto the property of another unless the person has that property owner’s express permission to allow the consumption of alcoholic beverages upon the owner’s property.
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 seal is broken or from which an alcoholic beverage can be consumed without breaking a manufacturer’s seal.
D.
Whoever violates this section shall be punished by a fine not exceeding $500.00 or imprisonment for a term not exceeding 30 days or by both such fine and imprisonment within the discretion of the court.
(Ord. No. 236, 4-20-2004)
Sec. 14-45. – Closing hours.
A.
No holder of a retail dealers permit issued hereunder and no servant, agent or employee or such permittee shall sell any of the beverages described herein between the hours of 1:00 a.m. and 10:00 a.m.
B.
All stores, shops, salons, night clubs, bars or any other places of business licensed under the provisions of this article shall be closed at 2:00 a.m. and shall remain closed continuously until 10:00 a.m. of the same day; and provided, however, that an exception to the requirement of this subsection, is that the permit holder and his bona fide employee or employees may remain within the licensed premises.
C.
Restaurants, grocery stores, drug stores or other businesses may remain open for the sale of other items permitted by law but any sale of alcoholic beverages of such places of business during the prohibited hours or periods set forth hereinabove is expressly prohibited.
(Ord. No. 236, 4-20-2004)
Sec. 14-82. – Closing hours.
A.
No holder of a retail dealers permit issued hereunder and no servant, agent or employee or such permittee shall sell any of the beverages described herein between the hours of 1:00 a.m. and 10:00 a.m.
B.
All stores, shops, night clubs, bars, salons or any other place of business licensed under the provisions of this article shall be closed at 2:00 a.m. and shall remain closed continuously until 10:00 a.m. of the same day; and provided, however, that an exception to the requirement of this subsection, is that the permit holder and his bona fide employee or employees may remain within the licensed premises.
C.
Restaurants, grocery stores, drug stores or other business may remain open for the sale of other items permitted by law but any sale of alcoholic beverages of such places of business during the prohibited periods set forth hereinabove is expressly prohibited.
(Ord. No. 236, 4-20-2004)
