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)
Parish Ordinances
Sec. 3-4. Consumption in public buildings prohibited.
(a) It shall be unlawful for any person to either possess any alcoholic beverage or consume any alcoholic beverage while in any fire station or in any publicly owned, rented or leased building such as, but not limited to, the parish courthouse, or its annex, office or department building, board or agency office, library, hospital, senior center or other such facility within the parish unless the parish council has received official written notification that alcoholic beverages will be served and/or consumed on the publicly owned, rented or leased premises for an event, activity or program to be held in said facility within the parish and the official written notification is received by the parish council five (5) days prior to the scheduled event, activity or program.
(b) Official written notification may be waived for fire stations in the event that inclement weather or extenuating circumstances has required the immediate use of the fire stations facilities for a specific event.
(c) Any person violating the provisions of this section shall be punished by a fine of not more than two hundred fifty dollars ($250.00) or imprisonment in the parish jail for not more than thirty (30) days, or both, at the discretion of the court.
Editor’s note—
Ord. No. 91-5.14, adopted, May 6, 1991, amended this chapter by adding provisions designated by the editor as § 3-4
Sec. 3-6. Consumption of alcoholic beverages in parking lots prohibited.
(a) Prohibited: It shall be unlawful for any person engaged in the operation of any gasoline service station, grocery store, convenience store, gaming establishment, and/or barroom, or any other alcoholic beverage retail establishment providing parking for customers and selling alcoholic beverages at retail to permit or allow consumption of alcoholic beverages on the parking or driveway area or other outdoor area of the establishment.
(b) Penalty: Any person violating the provisions of section 3-6(a) shall be punished by a fine for a first and second offense of not more than two hundred fifty dollars ($250.00) or imprisoned in the parish jail for not more than thirty (30) days, or both, at the discretion of the court. A third offense shall result in the revocation of the alcoholic beverage license.
(c) Prohibited: It shall be unlawful for any person to consume alcoholic beverages in the parking lot or outdoor area or any parking lot contiguous to any gasoline service station, grocery store, convenience store, gaming establishment, and/or barroom or any other alcoholic beverage retail establishment.
(d) Penalty: Any person violating the provisions of section 3-6(c) shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment in the parish jail for not more than thirty (30) days, or both, at the discretion of the court.
(e) Exception; permitting of outdoor areas surrounding barrooms or restaurants for alcoholic beverage consumption; approval process. The applicant shall file a no-fee permit application for said use with the director of planning and zoning. The department of planning and zoning shall post the applicant’s property with notice of the permit request for a period of five (5) days. If no negative commentary is received on the application from any property owner within five hundred (500) feet of the applicant’s affected property, the director may approve the application, with stated reasons. Should negative comment be received from eligible property owners, the permit application shall be forwarded to the council secretary for timely consideration (ordinance) by the parish council. Also, should the director disapprove the application in the absence of negative comment, the applicant may appeal the negative decision for consideration by the council. Barrooms which are immediately adjacent to residentially zoned properties shall not be eligible for application.
(f) Exclusions: The prohibitions contained in this section shall not apply to country clubs.
(Ord. No. 94-7-5, § I, 7-5-94; Ord. No. 94-10-1, 10-3-94; Ord. No. 97-8-1, §§ I, II, 8-5-97)
Parish Ordinances
Sec. 3-26.1. Sale, delivery, dispensing, possession and consumption of alcoholic beverages.
(a) Supremacy . All provisions of this section shall supersede, though not repeal, any provision of the St. Bernard Code of Ordinances that may be in conflict with this section; may impose a limitation or restriction upon this section; may serve to limit, prohibit, or reduce the penalties that are imposed by this section; or may appear to require that administrative procedures be exhausted or followed before a prosecution may be brought under this section.
(b) Venue. The Courts of the 34th Judicial District shall have Jurisdiction over prosecutions for any violation of this section.
(c) Sale, delivery, or dispensing of alcoholic beverages for on premises consumption. Limitations on sales, hours of operation, closing time, possession and consumption.
(1) All businesses, establishments, persons, firms or corporations who are licensed by the parish to sell, deliver, or dispense alcoholic beverages pursuant to a permit for the retail sale of alcoholic beverages for consumption on the premises, shall close their doors to entry at 4:00 a.m. daily and shall remain closed until 6:00 a.m. daily.
(2) No holder of a permit for the retail sale of alcoholic beverages for on premises consumption, nor any employee of a permit holder, shall sell, deliver, or dispense nor allow the sale, delivery to a customer, or dispensing of any alcoholic beverage upon the licensed premises between the hours of 4:00 a.m. and 6:00 a.m. daily.
(3) No person shall request or solicit the holder, nor any employee of a holder, of a permit for the retail sale of alcoholic beverages for on premises consumption, to sell, deliver, or dispense any alcoholic beverage upon the licensed premises in violation of this section.
(4) All persons on the premises at the time of closing designated herein and who are not the permit holder or an employee of the permit holder, shall be required to leave the premises by 4:15 a.m. and may not leave the premises in possession of any alcoholic beverage.
(5) No person, whether patron, customer, employee or otherwise, shall at any time, while on the outside of the building of the premises and/or the parking area of a holder of a permit for the retail sale of alcoholic beverages for on premises consumption, possess any alcoholic beverage in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless said container is unopened and sealed.
(6) Unopened and sealed container shall be defined as a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or other receptacle which has not been opened, or on which a seal or stamp has not been broken, or from which a straw does not protrude.
(d) Sale, delivery, or dispensing of alcoholic beverages for off premises consumption. Limitations on sales, possession, and consumption.
(1) All businesses, establishments, persons, firms or corporations who are licensed by the Parish of St. Bernard to sell alcoholic beverages at retail for off premises consumption, and their employees, shall be prohibited from selling, delivering, or dispensing alcoholic beverages between the hours of 4:00 a.m. and 6:00 a.m. daily.
(2) No person, whether patron, customer, employee or otherwise, shall at any time, consume any alcoholic beverage on the premises of a holder of a permit for the retail sale of alcoholic beverages for off premises consumption.
(3) No holder of a permit for the retail sale of alcoholic beverages for off premises consumption, nor their employees, shall knowingly permit any individual, whether patron, customer, employee or otherwise, to consume any alcoholic beverage on the premises.
(4) No person, whether patron, customer, employee or otherwise, shall at any time, while on the premises of a holder of a permit for the retail sale of alcoholic beverages for off premises consumption, possess any alcoholic beverage in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless said container is unopened and sealed.
(5) No holder of a permit for the retail sale of alcoholic beverages for off premises consumption, nor their employees, shall knowingly permit any individual, whether patron, customer, employee or otherwise, to remove any alcoholic beverage from the premises in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise, unless said container is unopened and sealed.
(6) Unopened and sealed container shall be defined as a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or other receptacle which has not been opened, or on which a seal or stamp has not been broken, or from which a straw does not protrude.
(7) Paragraphs (d)(1), (d)(2), (d)(3), (d)(4), and (d)(5) herein constitute separate offenses within the context of this section.
(8) Unopened and sealed container shall be defined as a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or other receptacle which has not been opened, or on which a seal or stamp has not been broken, or from which a straw does not protrude.
(e) Required notices.
(1) All holders of permits for the sale of alcoholic beverages shall post a conspicuous notice inside their premises, not less than eleven (11) inches by seventeen (17) inches in size, as well as by each exit, stating that it is illegal to sell, deliver, dispense, or remove any alcoholic beverages from the premises between the hours of 4:00 a.m. and 6:00 a.m. and that said violators shall be subject to fine and/or imprisonment as provided in parish ordinances.
(2) All holders of permits for the sale of alcoholic beverages for off premises consumption shall, in addition to the foregoing notice, post a conspicuous notice inside their premises, not less than eleven (11) inches by seventeen (17) inches in size, as well as by each exit, stating that it is illegal at any time to open or consume any alcoholic beverage on the premises and that said violators shall be subject to fine and/or imprisonment as provided in parish ordinances. This notice may be stated as part of the same notice required in (e)(1).
(f) Exceptions.
(1) The provisions of this section shall not apply on the following days: January 1; the Saturday, Sunday, and Monday preceding Mardi Gras Day; and Mardi Gras Day itself, but said days shall be counted as calendar days for the purposes of the imposition of penalties hereunder.
(2) Restaurants and cafeterias, which derive sixty (60) percent or more of their total business from the sale of food items, shall be exempt from the closure provisions of this section provided however, that such restaurants or cafeterias shall be prohibited from selling or dispensing alcoholic beverages between the hours of 4:00 a.m. and 6:00 a.m. daily.
(3) All businesses, establishments, persons, firms or corporations who are licensed by the Parish of St. Bernard only to sell alcoholic beverages at retail for off-premise consumption, shall be exempt from the closure provisions but not the prohibition of alcoholic beverage sales.
(g) Penalties: Any person, permit holder, or employee of any permit holder who violates any of the provisions of this section shall be sentenced as follows:
(1) For the first offense, a fine of not more than two hundred dollars ($200.00), and/or imprisonment for not more than five (5) days in jail, plus costs of the court;
(2) For the second offense occurring within any period of time consisting of seven hundred thirty (730) consecutive calendar days from the commission of the first offense, a fine of not more than five hundred dollars (0.00) and/or imprisonment for not more than ten (10) days in jail, plus costs of the court; and/or if applicable, the judicial suspension for up thirty (30) days of the permit to sell or dispense alcoholic beverages;
(3) For the third offense occurring within any period of time consisting of seven hundred thirty (730) consecutive calendar days from the commission of first offense, a fine of not more than five hundred dollars ($500.00) and imprisonment for not less than five (5) nor more than fifteen (15) days in jail, plus costs of the court; and if applicable, the judicial suspension for not less than thirty (30) days nor more than one hundred eighty-five (185) days of the permit to sell or dispense alcoholic beverages; For the fourth offense occurring within any period of time consisting of seven hundred thirty (730) consecutive calendar days from the commission of the first offense, a fine of not more than five hundred dollars ($500.00) and imprisonment for not less than fifteen (15) nor more than thirty (30) days in jail, plus costs of the court; and, if applicable, the judicial revocation of the permit to sell or dispense alcoholic beverages for a period of two (2) years.
(h) Notication . The clerk of court shall forward to the chief administrative officer (CAO) and clerk of council a copy of the final disposition by the 34th Judicial District Court of any charges brought hereunder.
(Ord. No. SBPC-648-04-06, § 1, 4-7-06; Ord. No. SBPC-698-01-07, § 1, 1-4-07)
