Sec. 3-38. – Disturbances, obscenity, etc.

No person holding a retail dealer’s permit issued pursuant to this chapter and no servant, agent, or employee of the permittee shall permit any disturbance of the peace or obscenity, or any lewd, immoral or improper entertainment, conduct, or practices on the licensed premises.

Sec. 3-42. – Closing hours.

No retail dealer, nor his servant, agent or employee shall sell, offer to sell, dispense or give away, beverages of either low or high alcoholic content within the corporate limits between the hours of 12:00 midnight and 6:00 a.m. Monday through Saturday and/or between the hours of 12:00 midnight on Saturday night and 6:00 a.m. on the following Monday morning.

City and local ordinances may limit the actions of an alcoholic beverage server/seller or may provide additional rules that govern this type of transaction.  Please check with your local authorities or government bodies to ensure that you are following the local laws and are in compliance with any requirements that they have set forth.  Generally, local laws and ordinances are in line with the state’s rules but may further restrict the sale of alcoholic beverages to certain days and/or hours. They may also limit the location and other variables such as seller’s age, package contents, etc. Also remember that their laws are not limited to the sale of alcoholic beverage products.  Tobacco products, including CBD, may also be covered in the local ordinances.  The list of local ordinances provided by ABSEC is based upon the ordinances published by the individual parishes, cities and towns, and may not be current.  It is recommended that you verify the accuracy of the information presented on this website prior to the sale of any alcohol or tobacco/CBD product.

If you have any questions about an issue or situation, please do not hesitate to reach out to your local authority and/or the Louisiana ATC for further clarification.  

ABSEC LLC is also available should you have any additional questions or simply wish to get some guidance on a particular scenario or situation.  We have assembled a team of subject matter experts in this area and have experience in a large majority of the situations in which you may have questions.  lease use our contact us page to submit a message.  A response can be expected within one business day.  

No person holding a retail dealer’s permit issued pursuant to this chapter and no servant, agent or employee of the permittee shall permit any disturbance of the peace or obscenity, or any lewd, immoral or improper entertainment, conduct or practices on the licensed premises.

(Ord. of 3-12-73, § VII)

State law reference— Similar provisions, R.S. 26:88(5), 26:288(5).

Sec. 3-42. – Sales prohibited during certain hours.

(a)

It shall be unlawful for persons having permits (permitees) to sell or serve alcoholic beverages within the corporate limits of the City of Ville Platte, Louisiana between the hours of 1:00 a.m. and 6:00 a.m. on any Sunday, Monday, Tuesday, Wednesday, and Thursday of the week, and between the hours of 2:00 a.m. and 6:00 a.m. on any Friday and Saturday of the week.

(b)

It shall be unlawful for persons to consume alcoholic beverages on the licensed premises or on any parking lot or open or closed space within or contiguous to the licensed premises nor shall permitees allow same between the hours set forth in this section.

(c)

It shall also be unlawful for persons to consume alcoholic beverages on all public places during the hours set forth in this section.

(Ord. of 8-13-80; Ord. No. 5-14-96, 5-14-96)

Editor’s note—

An ordinance of Aug. 13, 1980, did not specifically amend the Code; therefore; inclusion as § 3-42 was at the discretion of the editor.

Sec. 3-43. – Exceptions to sales prohibited during certain hours.

The provisions of section 3-42 shall have no application on the eve of the following holidays (i.e. Christmas, New Year’s, Mardi Gras, July 4 and Thanksgiving), and during the following festivals (i.e. Cotton, Viande Bouchanee and Gumbo), or on any other holidays or festivals designated by the mayor and board of aldermen of the City of Vilie Platte, when the prohibition shall be between the hours of 3:00 a.m. and 6:00 a.m. on the eve of any holiday, and between the hours of 3:00 a.m. and 6:00 a.m. on any festival day falling on a Friday and Saturday.

(Ord. No. 5-14-96, 5-14-96; Ord. of 10-9-01)

Sec. 3-44. – Vacation of premises.

Any person in the place of business or upon the premises wherein or whereat alcoholic beverages are sold shall promptly absent themselves therefrom within the times set forth in sections 3-42 and 3-43, and the owner, manager, operator, agent, or their employees shall cause all the music to be disconnected and the premises to be vacated by all person therein or thereon, except the owner, operator, manager, or their employees.

(Ord. No. 5-14-96, 5-14-96)

Sec. 3-47. – Sale and consumption prohibited in public streets and outside business buildings.

(a)

Definitions.

(1)

Alcoholic beverages. Any fluid or solid capable of being converted into fluid suitable for human consumption and containing more than one-half of one percent alcohol by volume, including malt, vinous, spiritus, alcoholic or intoxicating liquors; beer, porter, ale, stout, fruit juices or wine.

(2)

Liquor. All distilled or rectified alcohol, sprits, brandy, whiskey, rum, gin and all similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing, such as liquor, cordials and similar compounds.

(b)

[Certain sales prohibited.] Sale of alcoholic beverages and liquor on the streets and sidewalks or in public is prohibited; no person shall sell alcoholic beverages or liquor on the streets, sidewalks or other public right-of-way of the City of Ville Platte.

(c)

[Public consumption prohibited.] Consumption of alcoholic beverages and liquor in public is prohibited. No person shall consume alcoholic beverages or liquor while standing, walking, or sitting on the public streets or sidewalks of the City of Ville Platte, or on the grounds outside of any business or building, nor shall any person carry an opened bottle, cup, glass or other open container containing alcoholic beverage or liquor while standing or walking the public streets of the City of Ville Platte or the grounds of any business place.

(d)

There shall be exempt from this section the immediate area of any special event, such as a fair or festival, when sponsored by a nonprofit organization and when a permit has been granted by the City of Ville Platte. Such permit shall specifically delineate the boundaries of the immediate area and the period for which the special event is authorized to be held. A signed copy of each permit shall be furnished to the chief of police. There shall also be exempt from this section the regular gatherings of chartered nonprofit organizations, individuals and families when they are at a place or facility or their residence which is under their control.

(e)

Any person who violates the provisions of this section shall be fined not more than $200.00 and/or sentenced to not more than 30 days in jail.

(Ord. No. 8-22-89; 8-22-89)

Sec. 3-51. – Required.

It shall be unlawful for any person to engage in the dispensing of alcoholic beverages in a saloon or behind a bar, or to be in any way employed in connection with the dispensing of alcoholic beverages in what is commonly known as a beer parlor without a certificate of qualification issued by the chief of police.

(Ord. of 4-9-68, § 1)

Sec. 3-52. – Application.

A person desiring the certificate of qualification required herein shall apply to the chief of police upon forms furnished by the chief giving the information required on the form. In addition such a person shall allow himself to be fingerprinted and photographed by the police department.

(Ord. of 4-9-68, § 2)

Sec. 3-53. – Restrictions on issuance.

A certificate of qualification shall not be issued to:

(a)

Any person who is not a citizen of the United States and of the state, and who has not continuously resided within the state for a period of 30 days preceding the date of the filing of the application.

(b)

Any person who is under 21 years of age, provided however, that a married person under 21 years and over the age of 18 years may be licensed if otherwise duly qualified.

(Ord. of 4-9-68, § 4)

5.08.080. – Prohibited hours for sale or service of alcoholic beverages.

It is unlawful for any person to sell or serve alcoholic beverages within the corporate limits of the Town between the hours of 1:00 a.m. and 7:00 a.m. on any date other than Sunday, and between the hours of 1:00 a.m. and 12:01 p.m. on Sunday.

(Ord. 1-1996 § A: prior code § 5.20.070)

5.08.090. – Prohibited hours for persons to enter business.

It is unlawful for any person to enter any place of business or establishment wherein and whereat alcoholic beverages are sold after the hour of 1:00 a.m. and before the hour of 7:00 a.m. on any date other than Sunday, and after the hour of 1:00 a.m. and before the hour of 12:01 p.m. on Sunday.

(Ord. 1-1996 § B: prior code § 5.20.071)

State law reference— Prohibited acts, R.S. 26:90, 26:286; permissible and impermissible entertainment, R.S. 26:90.D-G, 26:286.D-G.

5.08.100. – Prohibited hours for owner to allow persons to enter business.

It is unlawful for the owner, manager, operator, agent or employee of any establishment wherein or whereat alcoholic beverages are sold to permit any person to enter therein or thereon between the hours of 1:00 a.m. and 7:00 a.m. on any date other than Sunday, and between the hours of 1:00 a.m. and 12:01 p.m. on Sunday.

(Ord. 1-1996 § C: prior code § 5.20.072)

5.08.110. – Hours at which premises is to be vacated.

Any person in the place of business or upon the premises wherein or whereat alcoholic beverages are sold shall promptly absent himself therefrom at 1:00 a.m. daily, and the owner, manager, operator, agent or their employees shall cause the premises wherein or whereat such alcoholic beverages are being sold to be vacated by all persons therein or thereon, except the owner, operator, manager or their employees, promptly at the hour of 1:00 a.m. daily.

(Ord. 1-1996 § D: prior code § 5.20.073)

5.08.120. – Prohibited hours for consumption.

It is unlawful for any person to consume alcoholic beverages in or on any public place within the corporate limits of the Town between the hours of 1:00 a.m. and 7:00 a.m. on any date except Sunday, and between the hours of 1:00 a.m. and 12:01 p.m. on Sunday.

(Ord. 1-1996 § E: prior code § 5.20.074)

5.08.130. – Exception to closing hours.

Any place of business that sells alcoholic beverages as part of its business under a Class B or Class R license shall be permitted to remain open between the hours of 1:00 a.m. and 7:00 a.m. on any date except Sunday, and between the hours of 1:00 a.m. and 12:01 p.m. on Sunday, provided that such place of business abides by Sections 5.08.070 and 5.08.110.

(Ord. 1-1996 § F: prior code § 5.20.075)

It shall be unlawful for any person, firm or corporation to sell spirituous, vinous or malt liquor of any alcoholic content between the hours of 2:00 a.m. and 6:00 a.m. on any day, and it shall be unlawful to sell such liquor between the hours of 12:00 midnight Saturday and 6:00 a.m. Monday.

(Code 1987, § 3-22; Ord. No. 19-1974, § 7, 8-27-1974)

Sec. 6-33. – Storage requirements for businesses open during prohibited sale times.

Any restaurant, cafe or other business also having a permit to sell spirituous, vinous or malt liquor of an alcoholic content and which remains open for business between the hours of 12:00 midnight on Saturday and 5:00 a.m. Monday, shall be required, during said period, to keep or store such spirituous, vinous or malt liquor in a separate room or rooms which shall remain locked during said period from 12:00 midnight on Saturday to 5:00 a.m. on Monday.

(Code 1987, § 3-23; Ord. No. 19-1974, § 8, 8-27-1974)

Sec. 6-103. – Public drinking of alcoholic beverages prohibited.

(a)

The term “alcoholic beverage” is defined as beer, porter, ale, fruit juices or wine, of an alcoholic content not exceeding that now or hereafter permitted by law, but greater than one-half of one percent of alcohol by volume, or any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six percent of alcohol by volume.

(b)

It shall be unlawful for any person to drink from or possess any opened drinking containers including any bottle, cup, glass, receptacle or can, containing alcoholic beverages, as defined herein, in the parking lot, driveway or upon other properties utilized for publicly licensed vehicular traffic belonging to or adjacent to any premises or establishments licensed or holding permits to sell or otherwise allowed to sell or serve alcoholic beverages or upon the open, public areas of any other nonadjacent business property. Possession of open containers containing alcoholic beverages shall not be prohibited by this article on other properties of license holders or others authorized to sell alcoholic beverages, providing that such properties are adjacent to the licensee’s or permittees main place of business, protected from normal or customary access by the public except by entry through the licensee’s main place of business, and regularly used by the licensee for the entertainment, comfort, recreation and enjoyment of the licensee’s or permittees patrons and guests.

(c)

It shall be unlawful for any person under 21 years of age to purchase or have public possession of any alcoholic beverage in violation of R.S. 14:91.5, as same may be hereafter amended by the state legislature.

(d)

For the purpose of discouraging public drinking, it shall be unlawful for any person to remove an open container, including any bottle, cup, glass, receptacle or can, containing alcoholic beverages, as defined herein, from any properties described in subsection (b) above or in subsection (g) below which are licensed or permitted by the provisions of the city Code to serve alcoholic beverages.

(e)

It shall be unlawful for any person to possess in an open container any alcoholic beverage of high or low alcoholic content in or upon any publicly owned properties such as the city hall complex, fire department, police department, any and all city parking facilities, city owned recreational/community facilities, BREC or other recreational facilities, public educational facilities such as schools and campuses, and upon any public alley, sidewalk and right-of-way adjacent to any such property.

(f)

The provisions of this section may be waived by resolution of the city council from time to time in order to accommodate specific sanctioned events conducted at specific times, which events must be approved by the city council.

(g)

Any licensee permitted under sections 6-27 through 6-72 of this Code to sell alcoholic beverages on a regular basis shall post signs to be provided by the city at or near building exits clearly visible to patrons. The signs for each licensee shall state:

(1)

For C-AB-l licenses:

“Consumption of Alcoholic Beverages on Premises is a Violation of City Ordinances and Can Result in a fine and/or imprisonment.”

(2)

For C-AB-2 and C-AB-3 licenses:

“Leaving These Premises With An Open Alcoholic Container is a Violation of City Ordinances and Can Result in a fine and/or imprisonment.”

These signs will be provided by the city and shall be posted by those presently licensed within ten days of the effective date of this Code. Failure of any present or future licensee to post such signs at store exits shall be cause to suspend or revoke any license held by said licensee.

(h)

Anyone who violates any provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined not less than $10.00, nor more than $200.00 or imprisoned up to 30 days in the parish prison, or both. The presiding judge may suspend any jail sentence imposed conditioned upon the defender participating in a court approved community service activity, substance abuse program or driver improvement program.

(Code 1987, § 3-38)

(a)

The sale of beverages of low alcoholic content containing more than 3.2 percent alcohol by weight and not more than six percent alcohol by volume within the city is permitted subject to the provisions of this Code.

(b)

The sale of beverages of high alcoholic content containing more than six percent alcohol by volume in the city is prohibited except as provided in subsection (c) or (d) of this section.

(c)

The sale of beverages of high and/or low alcoholic content for consumption on the premises in the city is permitted only on the premises of restaurant establishments which have been issued a “B” and/or “R” permit as provided in R.S. 26:73, subject to the provisions of this Code.

(d)

The sale of beverages of high or low alcoholic content by the package only and not for consumption on the premises is permitted only on the premises of business establishments which have been issued an “A” permit.

(e)

Any person who violates this section shall be fined not more than $100.00 or imprisoned for not more than 30 days, or both.

(Ord. No. 1987-27, § 1(14-1), 12-22-87; Ord. No. 1988-10, § 1, 3-8-88)

State law reference— Authority for above section, R.S. 26:494, 26:595.

Sec. 3-85. – Building, location, zoning and parking requirements.

(a)

Building requirements. Failure to acquire and maintain a valid health permit for any premises licensed under this article, or violation of or noncompliance with any applicable fire prevention, building, plumbing, electrical, heating and air conditioning codes, shall be cause for denial, revocation or suspension of any permit or license. In the case of new construction of a proposed licensed location, a certificate of occupancy shall be required before final issuance of a license or permit.

(b)

Location. No license or permit shall be granted under this article to any applicant when the property upon which the business is to be conducted is within a radius of 300 feet of any property used exclusively as a regular church or synagogue, public library, school or orphans’ home (except a school for business education conducted as a business college or school, and except a state college or university), or within a 300-foot radius of a public playground, provided that the provisions of this section shall not apply to premises which are maintained as a bona fide hotel, wholesale dealer, railway car or fraternal organization, or any premises licensed to deal in beverages of low alcoholic content, for a period of one year or longer period prior to the passage of the ordinance from which this section derives. The 300-foot minimum distance is as defined in state law.

(c)

Zoning requirements.

(1)

No person operating a business which is presently classified as a nonconforming commercial use, as defined in chapter 27, may apply for or be issued a license or permit without first obtaining a petition of 51 percent of the property owners within 300 feet of the business.

(2)

All zoning requirements as required by chapter 27 must be met prior to the time an application for an alcoholic beverage license is filed with the A.B.C. board.

(3)

All sales of beverages of low or high alcoholic content and other authorized activities described and set forth in this article shall be conducted only on premises with a zoning of C-1 or a less restricted zoning.

(Ord. No. 1987-27, § 3(D), 12-22-87; Ord. No. 1997-11, § V, 2-10-97)

Cross reference— Buildings and building regulations, ch. 5; stopping, standing and parking generally, § 24-201 et seq.; zoning, ch. 27

Sec. 3-86. – Hours of operation.

The hours of operation of Class A, Class B and Class R license holders under this article shall be from 6:00 a.m. daily until 2:00 a.m. of the following day, Mondays through Saturdays. It shall be a criminal offense as well as a violation of this article for any holder of such a retail dealer’s license/permit issued under this article or a servant, agent or employee of such retail dealer to dispense, in any manner, beverages described in section 3-81(a) between the hours of 2:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and between the hours of 2:00 a.m. Sunday and 6:00 a.m. Monday following, except as follows:

(1)

Class A and B. Class A (high and low alcoholic content) and Class B (beer) license/permit holders licensed under the provisions of this article, who realize at least 60 percent of their monthly revenues from the sale of merchandise other than alcoholic beverages, may sell beer between 11:00 a.m. Sunday and 12:00 midnight Sunday provided records of all alcoholic beverage sales are kept separately and available for examination by the A.B.C. Board.

(2)

Class R. Class R (restaurant) permit holders may sell beverages described in section 3-81(a) between the hours of 11:00 a.m. Sunday and 12:00 midnight Sunday in connection with the serving and selling of meals and provided that all provisions of section 3-81(e) pertaining to Class R permits are met and that no bar or lounge be opened to the general public during the same period which would be contrary to the reasonable purpose and intent of this subsection, which is to permit persons to be served alcoholic beverages only as part of a meal.

(3)

Nonprofit organizations. Religious, charitable, fraternal, veterans and other private clubs which are nonprofit organizations in nature and classified as such by all taxing authorities, licensed under the provisions of this article, upon certification as a nonprofit organization by the A.B.C. Board, shall be permitted to sell beverages described in section 3-81(a) in conformity with Class A, Class B or Class R permits between the hours of 1:00 a.m. Sunday and 12:00 midnight Sunday, subject to meeting the following conditions:

a.

An organization described in this subsection (3) shall apply for and receive, on an annual basis, a permit to serve alcoholic beverages during the hours specified in this subsection.

b.

The permit application shall be accompanied by:

1.

A copy of the charter of the organization, club or facility.

2.

A current, accurate membership roster showing the full names of members and their current residence address.

3.

Certification by the duly elected officers of the organization that the organization is certified as a nonprofit organization by all taxing authorities, and a list of such authorities.

c.

An organization applying for a permit under this subsection shall also hold a current license/permit under other provisions of this article for the sale of alcoholic beverages.

(4)

Sale of items other than alcoholic beverages. Restaurants, grocery stores, drugstores or other businesses exempted from the provisions of R.S. 51:191 by the provisions of R.S. 51:192 may remain open for the sale of other items permitted by law, but any sale, dispensing, possession in open containers, or consumption of alcoholic beverages at such places of business during the prohibited periods set forth in this section is expressly forbidden. It shall be unlawful to sell, disburse or permit the sale or disbursement of alcoholic beverages or liquors, including beer, in an open container for consumption off licensed and/or leased premises; or to furnish open containers to patrons for the intent and purpose of removal and consumption of alcoholic beverages and liquors, including beer, off the licensed premises and/or leased premises.

(Ord. No. 1987-27, § 3(E), 12-22-87; Ord. No. 1997-11, §§ VI—VIII, 2-10-97; Ord. No. 2008-13, § 1, 5-27-08)