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The mayor and board of aldermen of the City of Westwego shall not issue any new liquor licenses to any applicant for the purpose of operating a bar or lounge within two thousand (2,000) feet of any existing bar or lounge, except that liquor licenses shall be issued to new applicants where there existed a liquor license issued the previous year to said bar or lounge. This section shall not apply to existing establishments for which a license has been previously issued.

(Ord. No. 662, § 1, 2-14-66; Mo. of 4-11-66)

Sec. 14:50. – Bartender, barmaid registration required.

It shall be unlawful for any person to work as a bartender or barmaid in any barroom, tavern, club, or other establishment where alcoholic beverages are sold and consumed on the premises without first registering with the chief of police of the City of Westwego.

(Ord. No. 656, § 1, 11-18-65)

Cross reference— Additional regulations governing employees of alcoholic beverage businesses, § 10:200 et seq.

Sec. 14:51. – Registration of bartenders, barmaids.

Registration as a bartender or barmaid shall be made on forms furnished by the city and filed with the chief of police. A fee of two dollars ($2.00) shall be charged.

(Ord. No. 656, §§ 1, 2, 11-18-65)

Sec. 14:75. – Alcoholic beverage licensees exempted from general state Sunday closing laws.

Any and all businesses, persons or firms licensed to and selling, serving or dispensing alcoholic beverages are exempt from complying with the provisions of R.S. 51:191 and 51:192, relative to selling alcoholic beverages on Sunday; and said establishments may sell alcoholic beverages at any time not specifically prohibited by law.

(Ord. No. 803, § 1, 11-8-76)

State law reference— General state Sunday closing laws, R.S. 51:191, 51:192.

Sec. 14:78. – Prohibition on selling, purchasing or consuming alcoholic beverages near a church and/or place of worship, school or playground.

(a)

Definitions.

Church/place of worship shall mean any structure utilized or attached to a structure utilized in religious worship.

Person shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

(a)    Required.

(1)    Every alcoholic beverage handling employee shall obtain a certificate of qualifications or ABO employee card prior to entering into employment on an alcoholic beverage permit holder’s premises.

(2)    The provisions of this section shall not apply to persons selling beverages of low alcoholic content on a volunteer basis without pay on the premises of a city council approved fair or festival when a portion of the proceeds are retained by a nonprofit organization; however, each site or facility from which alcoholic beverages are dispensed shall be under the direct supervision during all hours of operation by a manager holding a current alcoholic beverage handling employee card.

(3)    Violation of this section is punishable as provided in section 1-9 of this Code.

(b)   Responsibility of alcoholic beverage permittees.

(1)    It shall be unlawful for any alcoholic beverage permit holder to allow any alcoholic beverage handling employee, including, but not limited to, servers, bartenders, managers, dancers, maintenance persons and floorwalkers to be present on the premises when alcoholic beverages or containers thereof are handled, dispensed or consumed on the premises, unless such alcoholic beverages handling employee is in possession of an alcoholic beverage handling employee card issued under authority of this article.

(c)    Qualifications of applicants. An applicant for an ABO employee card shall meet the following qualifications and conditions:

(1)    He must be a person of good character and reputation and eighteen (18) years of age or older.

(2)    He must not have been convicted of a felony under the laws of the United States, the state or any other state or country.

(3)    The applicant shall not have been convicted of prostitution, soliciting for prostitution, pandering, letting premises for prostitution, employing or permitting the presence of B drinkers, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place, illegally dealing in controlled dangerous substances or any violation of the Uniform Controlled Dangerous Substances Law (R.S. 40:961 et seq.), or as such offenses may now or hereafter be otherwise named.

(4)    He must not have been convicted of violating the provisions of this chapter.

(5)    He must not have had his alcoholic beverage handling employee card revoked within two years next preceding the application.

(6)    He must not have been convicted of violating any municipal or parish ordinance relating to alcoholic beverages. In such case, the granting or denial of a card is within the discretion of the mayor or his designee.

(7)    The applicant shall not have been convicted of any obscene, lewd or immoral act on any premises licensed under this chapter.

(8)    The applicant must truthfully answer all questions on the application. A material misstatement or suppression of fact in the application or accompanying affidavit is grounds for denial of a permit to handle alcoholic beverages. Violation of this subpart is punishable as provided in section 1-9 of this Code.

(9)    The applicant may submit either a background check or a notarized affidavit supplied by the Department of Inspection and Code Enforcement attesting to his/her character and fitness required under subpart (c) of this section.

(d)   Issuance or denial. The mayor or his designee is hereby authorized to issue, without delay, an ABO employee card, in his discretion, he finds the applicant to be qualified or may deny the application.

(e)    Hearing and appeal when application for permit is denied. The applicant may appeal within ten (10) days of such denial to the Council for a hearing on such denial for the city council to determine if such denial is justified in the exercise of its reasonable and sound discretion.

(f)    Term. All ABO employee cards shall be issued for a term of two (2) years and shall expire on the anniversary of the date issued. All applications for renewal may be made within thirty (30) days of the expiration of the old card.

(g)   Valid on premises of any permit holder, exception. An ABO card shall be good and valid for use on the premises of any alcoholic beverage permit holder’s premises in the City of Kenner. Each alcoholic beverage permit holder shall maintain a current written list of all ABO employees with their addresses on forms made available by the Department of Inspection and Code Enforcement; and shall make the list available for inspection when requested by an authorized individual.

(Ord. No. 10,211, § 5, 3-3-11; Ord. No. 10,232, § 2, 5-19-11)

Jefferson Parish, Louisiana, was established in 1825 and named after President Thomas Jefferson. The parish was originally settled by French and Spanish settlers, and the area was a hub for sugar and cotton production in the 19th century. During the Civil War, Jefferson Parish was occupied by Union forces and played a significant role in the defense of New Orleans. In the 20th century, Jefferson Parish experienced significant growth and development, particularly in the suburban areas surrounding New Orleans. Today, Jefferson Parish is a diverse and thriving community, known for its strong economy, excellent schools, and rich cultural heritage.

Sec. 4-18. Limitations on location.

(a)    No permit shall be granted under this article for any premises situated within three hundred (300) feet or less distance of a building occupied exclusively as a church or synagogue or public library or public playground or school, except school for business education conducted as a business college or school. The limitations of this subsection shall not apply to any premises which are maintained as a bona fide hotel, motel, railroad car or fraternal organization, or restaurants not maintaining a service bar and selling beer only for consumption on the premises; there is further excepted from the provisions of this subsection booster clubs selling beverages of low alcoholic content in accordance with the provisions of section 4-2.5, as amended; however, the sale of alcoholic beverages in packages only, to be taken off the premises, shall be permitted from premises located within three hundred (300) feet or less of a building occupied exclusively as a church or synagogue or public library or public playground or school; provided, however, that in no event shall the permittee allow the consumption of the alcoholic beverages in, on or about the premises wherein the packaged alcoholic beverages are sold. For permits for beverages of high alcoholic content, the measurement of this distance shall be made from the nearest point of the property line of the church, synagogue, library, playground or school to the nearest point of the property line of the premises to be licensed; for permits for beverages of low alcoholic content, 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 to be licensed.

(b)   The place of business shall not be in a zoned area designating boundaries provided by parish ordinance and adopted pursuant to the zoning laws of this state.

(c)    No premises or portion thereof which becomes or remains vacant for a continuous period of six (6) months or which has an interruption of the continuity of business for a period in excess of six (6) months shall reopen for business or again be used as a premises to be licensed except in conformity with the restrictions and requirements of distance set forth above.

(Code 1961, § 3-10; Ord. No. 16603, § 1, 9-11-85; Ord. No. 17016, § I, 9-10-86; Ord. No. 17419, § I, 1-13-88)

State law reference— Similar provisions, R.S. 26:81, R.S. 26:281.

ARTICLE III. CERTIFICATE TO DISPENSE BEVERAGES

Sec. 4-46. Required.

Sec. 4-47. Exemptions.

Sec. 4-48. Qualifications.

Sec. 4-49. Application.

Sec. 4-50. Photographs and fingerprints.

Sec. 4-51. Temporary certificate.

Sec. 4-52. Issuance upon failure of council to act.

Sec. 4-53. Denial.

Sec. 4-54. Issuance.

Sec. 4-55. Authority of certificate holder.

Sec. 4-56. Display.

Sec. 4-57. Expirations, renewal.

Sec. 4-58. Violations; time to correct.

Sec. 4-59. Denial, suspension or revocation.

Sec. 4-60. Fees.

Sec. 4-46. Required.

(a)    No person shall dispense alcoholic beverages of low or high alcoholic content in any business licensed under the ordinances of the parish for on the premises consumption, without having been certified or qualified to do so by the parish council, and without having complied with the provisions of this article.

(b)   However, the holder of a permit to sell alcoholic beverages at a particular establishment may dispense alcoholic beverages at that establishment without having a certificate of qualification required by this article.

(c)    Employees hired to dispense alcoholic beverages shall be required to secure a certificate of qualification immediately prior to their employment as such.

(d)   No person holding a permit to sell alcoholic beverages for on the premises consumption, and no agent, associate, employee or representative of any such holder of a permit, shall employ or retail anyone who has failed or refused to obtain a certificate of qualification as required by this article.

(Code 1961, § 3-21.2(a), (g), (l))

Sec. 4-47. Exemptions.

Notwithstanding anything contained in this section to the contrary, there is hereby expressly excluded from this article those persons who are employed in places of business whose main or principal business activity is that of serving food, which shall include both restaurants and cafeterias; this provision shall not apply to barmaids, bartenders, cocktail waitresses for those persons whose main business activity is that of serving alcoholic beverages.

(Code 1961, § 3-21.2(r))

Sec. 4-48. Qualifications.

Each applicant for a certificate of qualification to dispense alcoholic beverages shall possess the qualifications as contained in sections 4-17 and 4-18.

(Code 1961, § 3-21.2(d))

Sec. 4-49. Application.

(a)    The application for a certificate of qualification shall be in writing and shall contain the following information:

(1)    The full name, sex, date and place of birth, and the marital status of applicant, social security number and driver’s license number if any;

(2)    The correct address of applicant;

(3)    The name of the place of business of present employment, the name of employer and the correct address of the place of employment;

(4)    Name, correct address and the period of employment of the last two (2) places of employment.

(b)   The application shall also include a statement that the applicant possesses the qualifications set forth in sections 4-17 and 4-18

(Code 1961, § 3-21.2(e))

Sec. 4-50. Photographs and fingerprints.

Each applicant having a certificate of qualification to dispense alcoholic beverages in a place licensed for on the premises consumption shall be photographed and fingerprinted by the sheriff’s office.

(Code 1961, § 3-21.2(b))

Sec. 4-51. Temporary certificate.

The sheriff shall issue a temporary certificate of qualification immediately upon receipt of any application for a certificate of qualification properly executed upon payment of the fee, provided however, that the certificate shall be probationary only and subject to final action by the parish council.

(Code 1961, § 3-21.2(h))

Sec. 4-52. Issuance upon failure of council to act.

If the parish council fails to act upon any application for a certificate of qualification within sixty (60) days from date of filing the application, properly executed, the applicant shall be entitled to a certificate of qualification, which shall be valid for a period of tune as herein set forth, subject to suspension or revocation for any of the causes as herein set forth.

(Code 1961, § 3-21.2(i))

Sec. 4-53. Denial.

The parish council may refuse-to issue a certificate of qualification to dispense alcoholic beverages to any person who lacks any of the qualifications set forth in sections 4-17 and 4-18 or in the interest of the public health, safety and morals.

(Code 1961, § 3-21.2(n)

Sec. 4-54. Issuance.

The sheriff shall issue a certificate of qualification to each applicant whose application has been approved by the parish council, upon payment of the fee provided in section 4-60 below.

(Code 1961, § 3-21.2(c); Ord. No. 16140, § 2, 8-8-84)

Sec. 4-55. Authority of certificate holder.

(a)    Any person over the age of eighteen (18) years legally possessing a certificate of qualification may be designated as a manager of any alcoholic beverage outlet.

(b)   Any person legally possessing a certificate of qualification may dispense alcoholic beverages at any alcoholic beverage outlet located within the unincorporated areas of the parish.

(Code 1961, § 3-21.2(m), (n))

Sec. 4-56. Display.

All persons possessing a certification of qualification to dispense alcoholic beverages in a place licensed for on the premises consumption shall have his certification of qualification in his immediate possession at all times while employed and engaged in the dispensing of alcoholic beverages, and shall display it upon demand of any officer or agent of the state board of alcoholic beverages control or any police officer of the state or parish.

(Code 1961, § 3-21.2(j))

Sec. 4-57. Expirations, renewal.

Every certificate of qualification shall expire on the anniversary of the birthday of the applicant which is nearest to a date two (2) years subsequent to the issuing of the certificate of qualification unless revoked or suspended; the sheriff shall issue a renewal certificate of qualification to each applicant whose renewal application has been approved by the parish council, upon payment of the fee provided in section 4-60 below.

(Code 1961, § 3-21.2(k); Ord. No. 16140, § 3, 8-8-84)

Sec. 4-58. Violations; time to correct.

Notwithstanding anything contained in this article to the contrary, any person subject to the provisions of this article shall be given seventy-two (72) hours within which to apply for his initial certificate of qualification, or renewal thereof, from the date of employment or date of expiration of his certificate of qualification, and before an actual arrest or charge can be made for violation of any of the provisions of this article, such person shall be given seventy-two (72) hours warning notice to correct the violation: failure to correct the violation and to make the correction within such period of time, the person shall be subject to be charged with a violation of this article.

(Code 1961, § 3-21.2(g))

Sec. 4-59. Denial, suspension or revocation.

(a)    Any misrepresentation, misstatement or suppression of fact in any application or accompanying affidavit and/or any violation of any provision of this chapter and any violation of the state statutes relating to gambling, prostitution, pandering and narcotics shall be sufficient grounds for denial, refusal, suspension or revocation of the certificate.

(b)   Any person who alters, defaces or transfers to another his certificate of qualification shall have it suspended or revoked by the parish council.

(Code 1961, § 3-21.2(o), (p))

Sec. 4-60. Fees.

Each applicant for a certificate of qualification, whether original application or application for renewal, shall pay to the sheriff a fee of ten dollars ($10.00) to cover all costs of processing such application, including photographing and fingerprinting of applicants as required in section 4-50 above.

(Ord. No. 16140, § 1, 8-8-84)

Sec. 6-4. – Employment permits.

(a)

A person holding a retail dealer’s permit issued under this article and each agent, associate, employee, representative or servant thereof shall, before engaging in the sale of alcoholic beverages appear at the police department for the purpose of having a photograph made, being fingerprinted, and showing proof of correct name, address, and date of birth. A fee of $10.00 shall be paid to the city for each application for such a permit. In addition, each applicant shall pay a fee of $10.00 to the state.

(b)

Subsection (a) of this section does not apply to employees of private clubs where alcoholic beverages are sold only to members and invited guest of same.

(c)

The police department shall investigate all parties engaged in the retail dealer sales of alcoholic beverages and their findings are to become part of the record of the permittee as well as the records of the police department.

(d)

All persons engaged in retail dealer sales of alcoholic beverages shall also have all other permits required by city ordinances and state law.

(Code 1990, § 3-4; Ord. No. 614, § XVII, 12-3-1970; Ord. No. 617, 2-9-1971)

Sec. 6-73. – Location restrictions.

(a)

No permit required by this division shall be granted under this article in contravention to the zoning laws of the city.

(b)

No permit shall be granted under this article for any premises situated within 300 feet or less distance of a building occupied exclusively as a church or synagogue or public library or public playground or school, except for business education conducted as a business college or school. This distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of a church or synagogue or public library or public playground or school to the nearest point of the premises to be licensed, except that this subsection shall not apply to any premises which are maintained as a bona fide hotel, motel, fraternal organization, or restaurant not maintaining a service bar and selling beer only for consumption on the premises. There is further excepted from the provisions of this subsection, booster clubs selling beverages of low alcoholic content in accordance with the provisions of city Ordinance Numbers 938 and 614, as amended; however, the sale of beverages of low alcoholic content in packages only, to be taken off the premises, shall be permitted from premises located within 300 feet or less of a building occupied exclusively as a church or synagogue or public library or public playground or school; provided, however, that in no event shall the permittee allow the consumption of the alcoholic beverages in, on, or about the premises wherein the packaged alcoholic beverages are sold.

(c)

This section does not apply to any premises which have been issued a permit to deal in alcoholic beverages for a period of one year or longer prior to December 3, 1970 and held by the original applicant.

(Code 1990, § 3-52; Ord. No. 614, § XI, 12-3-1970; Ord. No. 934, § 1, 1-8-1987; Ord. No. 938, § 1, 2-19-1987; Ord. No. 1598, § 1, 11-15-2007)

State law reference—Similar provisions, R.S. 26:281.

Sec. 6-105. – Obscenity, lewd conduct, etc.

No person holding a retail dealer’s permit issued under this article and no servant, agent or employee of the permittee shall, upon the premises for which such permit was issued, permit any disturbance of the peace or obscenity, or any lewd, immoral, or improper entertainment, conduct, or practices, including those conditions set forth in R.S. 26:90.

(Code 1990, § 3-78; Ord. No. 614, § XVI(e), 12-3-1970)

Sec. 6-117. – Consumption of alcohol outside licensed premises prohibited.

No person holding an alcoholic beverage outlet dealers permit of any type, including but not limited to, packaged, retail and wholesale dealer permits issued under this article and no servant, agent or employee of the permittee shall permit the consumption of alcoholic beverages in or on the outside area of the premises in which the alcoholic beverages are sold.

(Code 1990, § 3-90; Ord. No. 1006, § 2, 9-5-1991; Ord. No. 1065, § 1, 5-5-1994)