Sec. 6-11. – Public nuisances in the City of Lafayette; factors to be considered; procedure to abate; penalty and revocation.

(a)   It shall be unlawful for any permittee’s establishment, place of business, and/or premises to become a public nuisance and against the public good and welfare of the community. Any combination of the following activities that total to 12 points within any 12 consecutive month period shall be considered a public nuisance. The following points shall be assigned to each specified activity:

(1)   High violent crime activity: Arrests wherein any person sustained a physical injury on the premises of the establishment; or wherein any person sustained a physical injury from activities arising out of the premises of the establishment. Four points.

(2)   Drug-related activity: Arrests for any violation of any provision of the Louisiana Uniform Controlled Dangerous Substance Act, La. R.S. 40:961, et seq., on the premises of the establishment; or for activities arising out of the premises of the establishment. Four points.

(3)   Prostitution-related activity: Arrests for prostitution or solicitation for prostitution or any related provisions of the Louisiana Criminal Code, La. R.S. 14:82, et seq., or any corresponding city or parish ordinance on the premises of the establishment; or for activities arising out of the premises of the establishment. Four points.

(4)   Nudity-related activity: Any violation of Section 6-73 of this chapter. Four points.

(5)   Disturbance-related activity:

1. Arrests and/or citations arising out of disturbances from the premises of the establishment. Two points.
2. Arrests and/or citations arising out of disturbances from the premises of the establishment to residents of normal sensitivities living in any neighborhood adjacent to the premises of the establishment. Three points.
3. In evaluating the points assessed against a permittee for a violation of subsections 6-11(a)(5)a or b, the director may, in his sole discretion, reduce points by up to one-half of the prescribed points if the permittee demonstrates, to the satisfaction of the director, that the permittee maintained security at the premises by a commissioned law enforcement officer at the time of the incident giving rise to the assignment of points.

(b)   Whenever any evidence is presented to the director indicating that a permitted establishment may have become a public nuisance, the director shall investigate the police records of the appropriate law enforcement agency or agencies. If this investigation shows that the permitted business has more likely than not become a public nuisance after considering the foregoing factors, the director shall initiate an informal hearing as described in section 6-4

(c)   The director shall, in accordance with this chapter, revoke the permit issued to any permitted establishment that has become a public nuisance. Any permit that has been revoked in accordance with this chapter shall not be re-issued or renewed for a period of 24 months.

(d)   Before any permit is revoked pursuant to this section, the permittee shall be entitled to the hearing procedure specified in section 6-4

(e)   Upon surrender of a permit covering an establishment, place of business or premises that has accumulated a total of six points within a 12-month period, no permit covering that same establishment, place of business or premises shall be issued for a period for six months from the date of surrender.

(f)    In addition to all other requirements in this chapter, no person who has held a permit which is revoked pursuant to this chapter may apply for another permit for the same or a different premises for a period of 24 months from the date of revocation unless, at the time of such application, such person meets all of the qualifications and conditions prescribed in La. R.S. 26:80 and La. R.S. 26:280, as currently written or revised in the future.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-12. – Sales by manufacturers or wholesalers to unpermitted retail dealers.

It shall be unlawful for any manufacturer or wholesale dealer to sell or offer for sale any alcoholic beverages to any retail dealer, or any other person, for the purpose of retail sales, when the retail dealer does not have the permits required by this chapter.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-14. – Prohibition of removal of open alcoholic beverage containers from premises and public possession and/or consumption of alcoholic beverages in the Downtown District and the Simcoe-Surrey Street Corridor, and in the McKinley Street Area.

(a)   For purposes of this section only, the term, “Downtown District and Simcoe-Surrey Street Corridor,” shall mean the geographical area described, as follows:

Beginning at the point of the northeastern right-of-way line of East Simcoe Street and the southeastern right-of-way line of 12th Street; thence southwest along said southern right-of-way line of 12th Street to the point of its intersection with the southern right-of-way of Surrey Street; thence northwest along said southern right-of-way line of Surrey Street to the point of its intersection with the southern right-of-way line of Louisiana Avenue; thence southwest along said southern right-of-way line of Louisiana Avenue to the point of its intersection with the southern right-of-way line of Johnston Street; thence southwest along said southern right-of-way line of Johnston Street to the point of its intersection with the western right-of-way line of Garfield Street; thence southeast along said western right-of-way line of Garfield Street to the point of its intersection with the southern right-of-way of Gordon Street; thence southwest along said southern right-of-way of Gordon Street to the point of its intersection with the eastern right-of way line of East University Avenue; thence northerly along said eastern right-of-way line of East University Avenue to the point of its intersection with the northern right-of-way of Johnston Street; thence southwest along said northern right-of-way line of Johnston Street to the point of its intersection with the northerly right-of-way line of Brashear Street; thence northwest along said northerly right-of-way line of Brashear Street to the point of its intersection with the northern right-of-way line of St. Landry Street; thence southwest along said northern right-of-way line of St. Landry Street to the point of its intersection with the centerline of West St. Mary Boulevard; thence proceeding northern on West St. Mary Boulevard with the centerline of Parkside Drive; thence north along said centerline Parkside Drive to the point of its intersection with the centerline of Iris Lane; thence northwest along said centerline of Iris Lane to the point of its intersection with the centerline of Souvenir Gate, thence southwest along said centerline of Souvenir Gate to the point of its intersection with the centerline of Jasmine Street; thence northwest along said centerline of Jasmine Street to the point of its intersection with the northern right-of-way of West Congress Street; thence east along said northern right-of-way line of West Congress Street to the point of its intersection with the western high bank of St. John Coulee; thence north along said western high bank of St. John Coulee to the point of its intersection with the northern right-of-way line of West Simcoe Street to the point of its intersection with the northern right-of-way line of East Simcoe Street; thence easterly along the northern right-of-way line of East Simcoe Street to the point of intersection with the southeastern right-of-way line of 12th Street to the point of beginning.

(b)   “McKinley Street Area” shall mean the geographical area in the City of Lafayette described as being bounded by Jefferson Street, Lamar Street, General Mouton Avenue and Roosevelt Street, inclusive of Cleveland Street and McKinley Street within such described area.

(c)   No person, whether patron, customer or employee, whether knowingly or unknowingly, shall remove any open alcoholic beverage container of any type from the premises of a permittee in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, except as provided herein. Violators of this subsection shall be subject to a fine and/or imprisonment as set forth in section 1-9 of the Code.

(d)   All permittees of any premises located in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area shall post a conspicuous notice inside the premises as well as by each public exit stating that it is illegal to remove any open alcoholic beverage container of any type from its premises. The notice sign shall not be less than 36-point type and shall read “CITY-PARISH ORDINANCE PROHIBITS THE REMOVAL OF ANY OPEN ALCOHOLIC BEVERAGE CONTAINER OF ANY TYPE FROM THIS PREMISES.”

(e)   No person shall engage in the public possession of any open alcoholic beverage container in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, except as provided herein. Violators of this subsection shall be subject to a fine and/or imprisonment as set forth in section 1-9 of the Code.

(f)    No person shall engage in the consumption of any alcoholic beverage sold or dispensed from any premises in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, except within such premises or as provided herein. Violators of this subsection shall be subject to a fine and/or imprisonment as set forth in section 1-9 of the Code.

(g)   Any participant or patron who is participating in special events, as defined herein, that take place in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, is exempt from the provisions of this section during such event. For the purpose of this provision, special events shall mean organized community events and festivals sponsored and/or produced by governmental or non-profit organizations that are of general public interest and are open to public attendance, including, but not limited to Mardi Gras Parades, Festival International, the Downtown Alive and Artwalk series, Festivals Acadiens et Creole, and Symphony Concerts. The Lafayette City-Parish President or his designee shall be authorized to grant a special exemption from the provisions of this section for a specified event or activity not listed herein upon application of the promoter or sponsor of such event on a form prescribed by the city-parish president, provided that the promoter or sponsor shall bear any costs or expenses associated with the public dissemination of the granting of such special exemption. Exemption under this section shall begin at the start of the event and terminate at the end of the event.

(h)   Any person who holds a restaurant sidewalk café permit pursuant to chapter 78, article VII of this Code, shall be permitted to serve alcoholic beverages in an open alcoholic beverage container, provided that such alcoholic beverages may only be consumed on the premises of such permittee and may not be removed from such premises.

(Ord. No. O-240-2010, § 2, 11-2-10)

Sec. 6-36. – Location restrictions; non-conforming status.

(a)   City of Lafayette. This subsection applies only in the city.

(1)   No permit to sell, serve, and/or dispense alcoholic beverages shall be issued for any establishment located within a distance of 300 feet of any school, public library or public playgrounds except business colleges, business schools, or the University of Louisiana, at Lafayette. Such distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the public library, public playground, or applicable school, to the nearest point of the building or the part of the building to be licensed. No permit to sell alcoholic beverages shall be issued for any establishment located within a distance of 175 feet of any church or synagogue; such distances shall be measured in the same manner as is provided for schools.

1. Waiver of distance requirements for restaurant establishments. For purposes of this section, a restaurant establishment shall be defined as an establishment:
2. Which operates a place of business whose purpose and primary function is to take orders for and serve food and food items;
3. Which serves alcoholic beverages in conjunction with meals;
4. Which serves food on all days of operations;
5. Which maintains separate sales figures for alcoholic beverages; and
6. Which operates a fully equipped kitchen used for the preparation of uncooked food for service and consumption of such food on the premises. With reference to a restaurant establishment, not withstanding the provisions of subsection (a), where the organization operating a church, synagogue, public library, school or playground, agrees in writing to waive opposition to the issuance of a permit for an applicant whose restaurant establishment if located within the distances set forth in subsection (a) from the church, synagogue, public library, school or playground, such distance requirements may be waived by resolution of the council.
7. Any permit issued under this section wherein the distance requirements have been waived by a resolution of the council is not assignable or transferable in any fashion. In the event that the restaurant establishment and/or its ownership is transferred or in the event that the restaurant establishment is closed, any permit issued under this section is deemed voided and will no longer be of any force or effect. However, in the event of a dissolution of a partnership by the death of a partner, the surviving partners may operate under the partnership permit.

(2)   Any premises which has been permitted and/or licensed to deal in alcoholic beverages prior to the establishment of a school, public library, public playground church, or synagogue within the distance prohibited by subsection (a)(1) above, shall have nonconforming use status and may maintain its permit and have new or renewal permits issued. However if any such premises closes, as defined in section 6-1, or fails to maintain a valid permit for a period in excess of 180 consecutive days, said premises shall not be entitled to the nonconforming use status and shall not be issued new or renewal permits.

(3)   The prohibitions in this section do not apply to any premises which are maintained as a bona fide hotel.

(4)   Subject expressly to the last paragraph hereof, the prohibitions in this section shall not apply to premises which are maintained as a bona fide restaurant establishment [as defined in subsection (a)(1) hereof] enfronting Jefferson Street and located in the Central Business Zoning District (CBD) in the City of Lafayette, applying for a Class A Restaurant (AR) permit issued only to restaurant establishments as defined by the Lafayette Comprehensive Zoning Ordinance and issued in conjunction with the Class “R” restaurant permit in an area which was zoned commercial or industrial for a period of one year or longer prior to the location of the restaurant and on which a commercial enterprise has operated.

In order to avail itself of the exemption specified in this subsection (a)(4), a person must make application for a waiver of the distance requirements set forth in subsection (a)(1) hereof to the council in which application it is affirmatively shown that notice of such application for waiver is or has been provided to any organization operating a church, synagogue, public library, school or playground described in subsection (a)(1) hereof. The council may grant the waiver by resolution only if all of the following conditions are met by the applicant, to-wit:

1. No sale or other dispensing of alcohol may occur on the premises of the restaurant establishment between 11:00 p.m. and 10:00 a.m.;
2. No live entertainment may be held on the premises of the restaurant establishment;
3. No alcohol allowed out of premises of the restaurant establishment; and/or
4. The restaurant establishment shall gross not less than 60 percent of its average monthly sales from the retail sale of food or food items that are prepared for service and consumption on the premises of the restaurant establishment.

(b)   Unincorporated areas. The following provisions apply only in unincorporated areas of the parish:

(1)   Beverages of high alcoholic content. Except as otherwise provided by state law, no permit required by the provisions of this article for beverages of high alcoholic content shall be granted for any business located within 500 feet of a church, synagogue, public library, school or playground. The measurement of this distance shall be made as a person walks using the sidewalk from the nearest point of the property line of the church or synagogue, library, playground or school to the nearest point of the premises for which the license is sought.

(2)   Beverages of low alcoholic content. Except as otherwise provided by state law, no permit required by the provisions of this article for beverages of low alcoholic content shall be granted for any business located within 300 feet of a public playground or 500 feet of a building used exclusively as a church or synagogue, public library or school, except a school for business education conducted as a business college or school. In undeveloped rural areas the distance shall be measured in a straight line from the nearest point to the nearest point of the respective premises. This distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the church or synagogue, library, playground or school to the nearest point of the premises for which the license is sought.

(3)   Waivers. Notwithstanding the provisions of subsections (b)(1) and (2) of this section, where the organization operating a church, synagogue, public library, school or playground agrees in writing to waive opposition to the issuance of a permit to an applicant whose business is located within the distances set forth in subsections (b)(1) and (2) from the church, synagogue, public library, school or playground, such distance requirements may be waived by resolution of the council.

(Ord. No. O-180-2005, § 2, 7-26-05; Ord. No. O-196-2007, § 1, 9-4-2007)

Sec. 6-92. – Sales generally.

The sale of alcoholic beverages, whether of more or less than six percent of alcohol by volume, is permitted every day except as provided, restricted or prohibited in this division.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-93. – Exception when holiday falls on Sunday.

If a holiday, as defined in this section, falls on Sunday, the Sunday and Monday prohibitions established in sections 6-94 and 6-95 shall apply, except that the selling or dispensing of beverages with high and/or low alcoholic content for on-the-premises or off-the-premises consumption is only prohibited after 2:00 a.m. on the Monday immediately following the holiday. The consumption of any alcohol on the premises is prohibited after 2:30 a.m. on the Monday immediately following the holiday. No one shall remain on the premises after 2:30 a.m. on the Monday immediately following the holiday, except permit holders, paid employees and contractual service workers. For purposes of this section, the term “holiday” shall be defined as New Year’s Eve (December 31) and the Fourth of July (July 4).

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-94. – Sale, consumption and closing hours at establishments licensed for on-premises consumption.

(a)   It is hereby prohibited for outlets to sell or dispense beverages with high and/or low alcoholic content for on-the-premises consumption between the hours of 2:00 a.m. and 11:00 a.m. on Sundays, between the hours of 12:00 midnight and 6:00 a.m. on Mondays, and between the hours of 2:00 a.m. and 6:00 a.m. on Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays. The consumption of any alcohol on such premises is prohibited after 12:30 a.m. on Mondays and after 2:30 a.m. on all other days of the week.

(b)   No person shall be allowed to remain on the premises after 12:30 a.m. Monday and 2:30 a.m. on all the other days of the week except permit holders, paid employees and contractual service workers. Any and all individuals must leave such premises and remain off such premises continuously. The prohibitions contained in this subsection do not apply to bowling alleys or bowling lanes.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-95. – Sale for off-premises consumption.

(a)   Beverages of high alcoholic content. It is prohibited for package houses to sell or dispense beverages with high alcoholic content for off-the-premises consumption between the hours of 2:00 a.m. and 11:00 a.m. on Sundays, between the hours of 12:00 midnight and 6:00 a.m. on Mondays, and between the hours of 2:00 a.m. and 6:00 a.m. on Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays.

(b)   Beverages of low alcoholic content. It is prohibited for package houses to sell or dispense beverages with low alcoholic content for off-the-premises consumption between the hours of 12:00 midnight and 6:00 a.m. on Mondays and between the hours of 2:00 a.m. and 6:00 a.m. on Tuesdays, Wednesdays, Thursdays, Fridays, Saturdays and Sundays.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-96. – Re-opening hours.

Any outlet where alcoholic beverages are the principal commodities sold or handled shall be allowed to re-open to the public at 6:00 a.m. all days of the week. At no time shall any alcoholic beverage be allowed to be sold, dispensed or consumed outside of the hours prescribed in section 6-94.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-112. – Sales generally; exception for New Year’s Eve.

The sale of any alcoholic beverages, whether of more or less than six percent of alcohol by volume, is permitted every day except as provided, restricted or prohibited in this division. The prohibitions, exceptions and restrictions set out in this division shall have no application to those days upon which falls New Year’s Eve from 6:00 p.m. thereof to 2:00 a.m. of the following day.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-112. – Sales generally; exception for New Year’s Eve.

The sale of any alcoholic beverages, whether of more or less than six percent of alcohol by volume, is permitted every day except as provided, restricted or prohibited in this division. The prohibitions, exceptions and restrictions set out in this division shall have no application to those days upon which falls New Year’s Eve from 6:00 p.m. thereof to 2:00 a.m. of the following day.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-117. – Sale of beverages of low alcoholic content for off-premises consumption.

It is prohibited for package houses and supermarkets to sell or dispense beverages of low alcoholic content for off-the-premises consumption between the hours of 12:00 midnight and 6:00 a.m. on Mondays, and between the hours of 2:00 a.m. and 6:00 a.m. on Tuesdays, Wednesdays, Thursdays, Fridays, Saturdays and Sundays.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-118. – Consumption at public establishments or places of public entertainment.

The consumption of alcoholic beverages, in any public establishment, between the hours of 2:30 a.m. and 6:00 a.m., is prohibited. It shall be unlawful for any house of public entertainment, as provided in La. R.S. 33:1236(6), or the holder of an occupational retail license, or his employees or agents, to permit consumption of alcoholic beverages at their establishment or place of business between the hours of 2:30 a.m. and 6:00 a.m. on any day.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-119. – Closing hours.

Any establishment where alcoholic beverages are the principal commodities sold or handled shall close and remain closed continuously between the hours of 2:30 a.m. Sunday and 6:00 a.m. Monday, and between the hours of 2:30 a.m. and 6:00 a.m. on Tuesday, Wednesday, Thursday, Friday and Saturday. This section includes, but is not limited to, the bar or cocktail lounge portion of any hotel and/or motel and/or restaurant.

(Ord. No. O-180-2005, § 2, 7-26-05)