It shall be unlawful for any person to sell any alcoholic beverages between the hours of 12:00 midnight Saturday and 5:00 a.m. on Monday.

(Ord. No. 874, 6-11-2012)

Sec. 3-3. – Selling alcoholic beverages to persons in motor vehicles prohibited.

The selling of any alcoholic beverage directly to any person while in, on or otherwise occupying any automobile or other motor vehicle is expressly prohibited within the city.

(Ord. No. 874, 6-11-2012)

Sec. 3-4. – Open containers on streets, sidewalks, other unenclosed public places.

It is unlawful for any person to drink alcoholic beverages from open containers or to have in his possession alcoholic beverages in open containers:

(1)

It shall be unlawful for any person to carry any open container as defined herein in or on any public street, sidewalk, playground or other unenclosed public place within the city limits.

(2)

It shall be unlawful for any person to drink alcoholic beverages of either high or low alcoholic content from any opened container as defined herein, in or on any public street, sidewalk, park, playground or unenclosed public place within the city limits.

(3)

For purposes of this section, “open container” is defined as any drinking vessel made of metal or glass or any container made of metal or glass, upon which the seal has been broken, excluding drinking glasses which are package and which contain no liquid.

(4)

Notwithstanding the provisions of this section, this section shall not apply on dates, times and places specifically authorized by resolution of the governing authority of the city after due consideration at a regular or special meeting called for the consideration of declaring such exemption.

(Ord. No. 874, 6-11-2012)

Sec. 3-35. – Alcoholic beverage card.

(a)

Requirements and exceptions.

(1)

It shall be unlawful for any Class “A” alcoholic beverage permit holder to allow any employee to work at their permitted outlet without a valid alcoholic beverage card.

(2)

This provision is not applicable to an employee of any Class “A” alcoholic beverage outlet whose principal business activity is the operation of a restaurant or any outlet which has a nonprofit tax exempt status such as religious or fraternal organization.

(b)

Qualifications of applicant. Each applicant for an alcoholic beverage employee card shall meet the following qualifications and conditions.

(1)

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

(2)

He must not have been convicted of a felony under the laws of the United States, the State of Louisiana, or any other state or country, within five (5) years prior to application.

(3)

He must not have been convicted in this or any other state or by the United States of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, illegally dealing in narcotics or any violation of the controlled dangerous substances statute, within five (5) years prior to application.

(4)

He must not have been convicted of violating any of the provisions of this chapter.

(5)

He must not have had his alcoholic beverage employee card revoked within two (2) years prior to application.

(6)

He must not have been convicted of violating any municipal or parish ordinance relating to alcoholic ordinances, within two (2) years prior to application.

If the applicant for a card does not possess the required qualifications, the card shall be denied.

(c)

Issuance of card. Issuance of card shall be as follows:

(1)

All employees hired after July 1, 2006, must possess a valid alcoholic beverage employee card prior to employment.

(2)

All employees hired prior to July 1, 2006, must possess a valid alcoholic beverage employee card by August 1, 2006.

(3)

Alcoholic beverage employee cards must be obtained at the Calcasieu Parish Sheriff’s Office. A valid form of identification must be submitted.

(4)

All applicants must meet the criteria of subsection (b) above and be approved by the Calcasieu Parish Sheriff’s Office.

(5)

Once approved, a picture ID card will be issued which includes fingerprints and other vital statistics necessary for proper identification.

(6)

This card must be kept in the possession of the alcoholic beverage employee at all times. This card is not transferable.

(7)

Every permit holder must renew all of his employees’ alcoholic beverage employee cards yearly, by submitting same, with any applicable costs, to the Calcasieu Parish License Officer by November 1 of the next preceding year.

(8)

Any individual who possesses a valid alcoholic beverage employee card and becomes employed by any permit holder after November 1 of any year must have his card validated by January 1 of the next preceding year.

a.

A permit holder’s failure to submit such with his application for renewal of his Class “A” permit with the appropriate cost, could be reason for denial or suspension.

b.

A permittee will be notified by the Calcasieu Parish License Officer or the Calcasieu Parish Sheriff’s Office if any employee no longer qualifies under the criteria of subsection (b) above. If any additional information is necessary, (i.e., new photograph, address change, name change, etc.), the employee must submit the requested information to the Calcasieu Parish Sheriff’s Office or be subject to a suspension of his card.

c.

If all employees meet the criteria, the card(s) will be mailed back to the permit holder prior to January 1 of each year.

d.

All cards not validated by January 1 of each year become void.

(9)

Fees.

a.

Initial fee: $20.00.

b.

Replacement fee: $5.00 (i.e., if lost, destroyed or for any other reasons the employee did not have his card renewed).

c.

Renewal fee: $5.00 per employee.

under subsections a and b above, the individual must personally apply at the Calcasieu Parish Sheriff’s Office.

(10)

Any applicant who is not qualified and/or approved by the Calcasieu Parish Sheriff’s Office has a right to appeal under subsection (f) hereinafter.

(d)

Valid on premises of any permit holder; exception. A card for an alcoholic beverage employee shall be good and valid for use on the premises of any alcoholic beverage permit holder, provided that permit holder has notified the Calcasieu Parish Sheriff’s Office of the name and address of the alcoholic beverage employee card holder prior to the employee’s employment.

(e)

Suspension or revocation generally.

(1)

An alcoholic beverage employee card may be suspended or revoked by the Calcasieu Parish License Officer if, at any time, the holder thereof fails to meet the qualifications prescribed by subsection (b) above or if he violates any provisions of Chapter 3 of the Code of Ordinances of the City of DeQuincy.

(2)

Before any alcoholic beverage card is suspended or revoked, the holder thereof shall be given notice of his right to a hearing before the sheriff and the Calcasieu Parish License Officer, or their designees. Such notice shall inform the card holder of the reasons for the suspension or revocation of the card and shall inform the card holder that, unless a hearing is requested within ten (10) days from the date the notice is sent, the card will immediately be suspended or revoked. Such notice shall either be delivered personally to the card holder or shall be sent by registered mail to the card holder’s last known address.

(3)

In the event a hearing is not requested within ten (10) days of the date such notice is sent, the sheriff and the Calcasieu Parish License Officer may proceed forthwith to revoke or suspend the alcoholic beverage employee card. In the event a hearing is requested by the card holder, the Calcasieu Parish License Officer shall inform the card holder of such hearing, which hearing shall be held within ten (10) days of the date of the receipt of the request for a hearing.

(f)

Appeal. The holder of an alcoholic beverage employee card who feels aggrieved by a decision of the Calcasieu Parish Sheriff’s Office and/or the Calcasieu Parish Licensing Officer in denying, suspending or revoking such card, may within ten (10) days of the notification of the decision, appeal to the Calcasieu Parish Alcohol Review Committee. Unless a majority of the Calcasieu Parish Police Jury, at a hearing on such appeal, votes to overrule or modify the action of the sheriff or the Calcasieu Parish Licensing Officer, the decision will be maintained.

(g)

Falsification of application. Any attempt to falsify or actual falsification of any information contained within the application for an alcoholic beverage employee card by the applicant shall be construed as an attempt to circumvent the restrictions of section 3-19 and shall be deemed a violation of same, subjecting the applicant to disapproval for the issuance of the card in addition to any penalties set forth in Louisiana Revised Statute 14:59(5).

(Ord. No. 874, 6-11-2012)

State law reference— Liquors—Alcoholic beverages, local regulatory ordinances, R.S. 26:494. (Back)

(a)    It shall be unlawful for any person to carry any open container as defined herein, in or on any public street, sidewalk or park, playground or other unenclosed public place within the parish.

(b)   It shall be unlawful for any person to drink alcoholic beverages of either high or low alcoholic content from any open container, as defined herein, in or on any public street, sidewalk, park, playground or unenclosed public place within the parish.

(c)    For the purposes of this section, “open container” is defined as any drinking vessel made of metal or glass or any container made of metal or glass, upon which the seal has been broken, excluding drinking glasses which are packaged and which contain no liquid.

(d)   Notwithstanding the provisions of this section, this section shall not apply on dates, times and places specifically authorized by resolution of the governing authority of the parish after due consideration at a regular or special meeting called for the consideration of declaring such exemption, or on occasions when persons, their guests or invitees involved, have contacted the parish for use of a public facility and then only inside the designated public facility.

(Ord. No. 3106, 12-7-89; Ord. No. 4003, § 3, 8-6-98)

Sec. 4-13.21. Zoning.

All new licensed premises shall be in compliance with the zoning ordinance including any conditional approval by the planning and zoning board and/or the police jury.

(1)    The premises of Retailers, Class A, which authorizes the retailer to sell for consumption on the licensed premises, shall be zoned “C-2” General Commercial.

(2)    The premises of Retailers, Class B, which authorizes the retailer to sell in sealed containers prepared for transportation and consumption off the premises, shall be zoned “C-1” Light Commercial.

Premises, or premises to be licensed, shall mean the building or that part of the building as defined in the application for the permit in which beverages of low alcoholic content are sold, except in cases where such beverages are regularly sold or served outside the building, the terms shall also include such outside area.

(Ord. No. 3342, 8-6-92; Ord. No. 4781, § 1, 8-5-04; Ord. No. 4781, § I, 8-5-04)

Sec. 4-35. Requirements and exceptions.

(a)    It shall be unlawful for any Class “A” alcoholic beverage permit holder to allow any employee to work at their permitted outlet without a valid alcoholic beverage card.

(b)   This section is not applicable to an employee of any Class “A” alcoholic beverage outlet who also maintains a valid restaurant permit under section 4-10 of this chapter or has a Title 26 exemption, which includes any outlet which has a nonprofit, tax exempt status (i.e., religious or fraternal organizations).

(Ord. No. 3200, 10-18-90)

(a)    It shall be unlawful for any person holding a permit from the town to sell and deal in alcoholic beverages, or any employee thereof, to sell, barter, exchange, give away, serve, dispense, deliver or otherwise dispose of or to permit to be consumed on the licensed premises, any alcoholic beverage within the town between the hours of 12:00 midnight on Saturdays and 12:00 p.m. (noon) on Sundays or between the hours of 12:00 midnight and 7:00 a.m. on all other days of the week.

(b)   All taverns, houses of public entertainment and shops for the retailing of alcoholic beverages shall be closed between the hours of 12:00 midnight and 7:00 a.m. on all days of the week.

(c)    The owner, the manager, and any employee in charge of the establishment shall be held liable for the closing of the establishment, and for keeping the establishment closed as provided in subsection (b) of this section.

(d)   Violation of this section in any manner or to any degree shall constitute grounds for the withholding, denial, suspension or revocation of any permit or license for the manufacture, selling, serving or otherwise handling of alcoholic beverages.

(Code 1976, § 3-1(b)—(e); Ord. No. 645, 1-14-13)

(a)    It shall be unlawful for any alcoholic beverage permit holder to allow any employee to handle, sell or serve alcoholic beverages of high or low alcoholic content for consumption on or off the premises, unless such employee is in possession of an alcoholic beverage handling employee card issued under the authority of this division. Before employing any person to handle, sell or serve alcoholic beverages, the permit holder shall notify the police department of the intended employment and shall have such person obtain an alcoholic beverage handling employee card prior to handling, selling or serving alcoholic beverages for consumption on or off the premises of any establishment for which a permit is required by this chapter. The permit holder shall also notify the police department upon termination of employment of any alcoholic beverage handling employee.

(b)   It shall be unlawful for any employee to handle, sell or serve alcoholic beverages for consumption on or off the premises of any establishment for which a permit is required by this chapter unless such employee has in his or her possession a current valid alcoholic beverage handling employee card and displays it upon demand of any law enforcement officer or agent.

(c)    For purposes of this section, the term “possession” shall mean the employee shall have the card on his or her person. The employer shall also maintain on file a copy of the current card for all current employees. In the event the employee does not have the card on his or her person, but the employer has the card on file, it shall not be considered a violation of this section by the employer.

(d)   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-sponsored fair or festival or a city-owned sports facility, when a portion of the proceeds are retained by a nonprofit organization. Any person selling alcoholic beverages as a volunteer for special events on city owned sports facilities, festivals or fairs must be at least 18 years of age. Persons selling alcoholic beverages at these functions are exempt from the requirements of possession of an alcoholic beverage handling employee card but are subject to all other provisions of this chapter.

(e)    It shall be unlawful for any employee working in the capacity of a security guard in the B-4 central business district to perform security duties pursuant to the requirements of this chapter unless such employee has in his or her possession a current valid “security guard” alcohol beverage handling employee card. When making application, applicants must provide a valid state board of private security examiners classroom training verification form signed by a certified instructor or valid P.O.S.T certification identification card. This card is issued solely for the identification of security guards and will not permit the bearer to perform any other duties.

(Ord. No. 118, 2000, 8-22-00; Ord. No. 60, 2008, 7-8-08)

Editor’s note—

Subsection (e) shall become effective October 6, 2008.

Sec. 10-66. Qualifications of applicant.

(a)    Each applicant for a Class 1 alcoholic beverage handling employee card shall meet the following qualifications and conditions:

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

(2)    If the person has been convicted of a felony under the laws of the United States, the State of Louisiana or any other state or country, he will not be eligible until the expiration of the sentence, including probation and parole. This provision shall not apply to a conviction for which the applicant has received a first offense pardon under the laws of the State of Louisiana.

(3)    He has not been convicted in the last two years in this or in any other state or by the United States or any other country of soliciting for prostitution, pandering, letting premises for prostitution, 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 controlled dangerous substance statute.

(4)    He must not have been convicted of an offense within the last two years of two or more violations of the provisions of any municipal or parish ordinance or state law relating to alcoholic beverages.

(5)    He must not have had a dealer’s permit revoked in the last three years which was issued in his name or in the name of a partnership of which he was a partner or in the name of a corporation in which he was a stockholder.

(6)    He must not have had his alcoholic beverage handling employee card revoked within the last two years.

(7)    An applicant must certify in writing on a form approved by the chief of police that prior to issuance of an ABO card, he or she has read and is familiar with and will comply with the requirements of this chapter.

(b)   Each applicant for an alcoholic beverage handling employee card shall meet all of the qualifications set forth in subsection (a) of this section; provided, however, that the requirements of subsections (a)(2),(3), and (4) may be waived by the chief of police for good cause and a site-specific ABO card may be issued with written approval of the owner/manager of the business.

(Ord. No. 118, 2000, 8-22-00)

Sec. 10-80. Sales locations to conform to zoning ordinance; exemptions for private parties, private promotional parties and promotional tastings.

(a)    It shall be unlawful for any person to sell, barter, exchange or otherwise dispose of alcoholic beverages except within those sections of the city wherein such sale is permitted by the applicable zoning ordinance.

(b)   The provisions of this section shall not apply to the sale of alcoholic beverages of low alcoholic content or wine by a retail dealer on the premises of the following: the Louisiana State Fair, Holiday in Dixie, Red River Revel, and such other fairs and festivals as approved by the city council. This exemption shall apply only during the duration of each event.

(c)    The provisions of this section and of section 10-82 shall not apply to a bona fide private party or bona fide private promotional party, provided:

(1)    It is held on the premises and within an enclosed building of a business establishment zoned commercial or industrial or SPI-2 and SPI-2/B3;

(2)    The party is hosted and sponsored by the owner of the place of business where the party is to be held or by an individual, partnership, corporation or association having a written agreement with the owner of the place of business where the party is to be held;

(3)    In the case of a bona fide private party, a legibly printed or typed and alphabetized guest list is prepared, invitations are distributed, and no one other than specific invitees thereto shall gain admittance;

(4)    In the case of a bona fide promotional party, it is not open to the general public,

(5)    No money, cover charge, dues, fee, or other emolument for food or beverage is charged or otherwise collected, either directly or indirectly, from guests, attendees or others, other than a fee for the use of the premises paid by the party host or sponsor to the owner of the place of business; and

(6)    In the case of a bona fide private party, on-the-premises consumption of beverages of high or low alcoholic content is not used to induce or attract customers or clients to show, explain or sell to them products or services.

(d)   The provisions of this section and of section 10-82 shall not apply to a promotional tasting conducted in accordance with the following rules and restrictions:

(1)    For the purposes of this section, promotional tasting means a tasting of alcoholic beverages for the purpose of allowing a consumer to try the taste of a product, conducted by an establishment holding a current alcoholic beverage retail dealer’s permit.

(2)    The location shall be limited to those sections of the city wherein package sale of the product to be tasted is permitted and has been approved in accordance with the applicable zoning ordinance.

(3)    No retail dealer, wholesaler, or manufacturer shall furnish a sample of an alcoholic beverage in a greater quantity than two ounces per brand to each individual and no individual shall consume more than two ounces of each brand of alcoholic beverage provided at the tasting. Provided, however, the tasting of a beverage having an alcohol content of more than 23 percent by volume shall be limited to one-half ounce per brand per individual.

(4)    All promotional tastings shall be limited in duration to one day. No more than two tastings per brand of beverage alcohol shall be conducted on the same licensed premises in any month.

(e)    Any business desiring to hold a bona fide private party or bona fide promotional party, and any retail dealer desiring to hold a promotional tasting, shall first apply to the chief of police for an alcoholic beverage permit for that purpose and shall provide the following information:

(1)    Date and location of the party or tasting.

(2)    Identification and address of the host.

(3)    In the case of a bona fide private party, a legibly printed or typed and alphabetized guest list.

(4)    In the case of a promotional party, expected number of invited guests.

(5)    Proposed hours of the party or tasting, which shall be limited to the hours such establishment could be open for business under the applicable zoning ordinances and which in no event shall exceed the hour of 12:00 midnight.

Such permit applications shall be submitted to the chief of police no later than ten days prior to the proposed time and date for the party or tasting. Any application or permit issued pursuant to this section shall be subject to denial, revocation or suspension for any grounds that a retail dealer’s liquor application or permit may be revoked or suspended. The provisions of 10-45 and 10-133 will be followed for any denials and appeals. The fee for such permit shall be $25.00, which shall be paid in cash to the city prior to the issuance of the permit.

(f)    The provisions of this section shall not apply to an event catered by a person holding a valid caterer’s permit issued in accordance with section 10-53

(Ord. No. 118, 2000, 8-22-00; Ord. No. 130, 2001, 9-25-01; Ord. No. 149, 2005, 9-27-05)

Editor’s note—

Ord. No. 149 of 2005, adopted September 27, 2005, changed the title of § 10-80 from “Sales locations to conform to zoning ordinance; exemptions for private parties and private promotional parties” to “Sales locations to conform to zoning ordinance; exemptions Sec. 10-171. Hours of operation of retail and wholesale dealers.

(a)    Except as provided in sections 10-180 through 10-184, and as otherwise provided by this chapter, it shall be unlawful for any retail dealer or wholesale dealer to be open for business within the city between the hours of 2:30 a.m. and 7:00 a.m. as a retail dealer or wholesale dealer of alcoholic beverages.

(b)   The prohibitions contained in section (a) of this section shall not apply to any retail dealer who sells alcoholic beverages for consumption on the premises and whose premises are located in any area zoned B-4, Central Business District, under Ordinance No. 184 of 1957, the zoning ordinance of the City of Shreveport, or any amendment thereto. It shall be unlawful for any retail dealer operating in such areas to be open for business between the hours of 6:30 a.m. and 10:00 a.m. as a retail dealer of alcoholic beverages.

(c)    Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.

(Ord. No. 118, 2000, 8-22-00)

Sec. 10-172. Dealers to be closed between certain hours on Sunday and Monday; exceptions.

(a)    Except as provided in sections 10-180 through 10-184 and as otherwise provided in this section, it shall be unlawful for any retail dealer or wholesale dealer to be open for business in the city between the hours of 2:30 a.m. Sunday and 7:00 a.m. Monday as a retail dealer or wholesale dealer of alcoholic beverages.

(b)   Retail dealers operating in compliance with all other applicable provisions of this chapter and all applicable provisions of the zoning ordinance may sell packaged beverages of low alcoholic content and packaged wine for consumption off the premises on Sunday, during the hours such establishment is permitted to be open for business under the applicable zoning ordinances, but in no event before the hour of 7:00 a.m. or after the hour of 12:00 midnight.

(c)    The provisions contained in section (a) above shall not apply to any retail dealer who sells alcoholic beverages for consumption on the premises and whose premises are located in any area zoned B-4, Central Business District, under Ordinance No. 184 of 1957, the Zoning Ordinance of the City of Shreveport, or any amendment thereto. It shall be unlawful for any retail dealer operating in said areas to be open for business between the hours of 6:30 a.m. and 12:00 noon Sunday as a retail dealer of alcoholic beverages.

(d)   Notwithstanding the provisions of section (a) of this section, in any year in which December 31 falls on a Sunday it shall not be unlawful for any retail dealer to be open for business as a retail dealer of alcoholic beverages in the city between the following hours on Sunday, December 31 and Monday, January 1:

(1)    For retail dealers described in section 10-172, between the hours of 12:00 noon Sunday and 6:30 a.m. Monday.

(2)    For all other retail dealers, between the hours of 12:00 noon Sunday and 2:30 a.m. Monday.

(e)    Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.

(Ord. No. 118, 2000, 8-22-00)

Sec. 10-173. Persons prohibited from entering or remaining on the premises; exceptions.

(a)    Except as otherwise provided in this section, it shall be unlawful for any person other than the owner or other persons authorized by the chief of police, or his designee, to enter or remain on the premises of any retail dealer or for any retail dealer to permit any person to enter or remain on such premises during the hours said dealer is not permitted to be open for business. This subsection shall not apply to the premises of a retail dealer of alcoholic beverages during times in which it is open for business other than as a retail dealer of alcoholic beverages and during which no alcoholic beverages are sold or consumed.

(b)   The term “owner” as used in this section shall mean the person who owns the premises or has a bona fide written lease therefor, as required in section 10-44. If the owner is a partnership or corporation, it shall designate an individual as its manager/agent who shall be permitted to enter or remain on the premises in accordance with this section. Such designation shall be included in the application for a retail dealer’s permit as provided in section 10-42

(c)    Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.

(Ord. No. 118, 2000, 8-22-00)

Sec. 10-174. Consumption, possession or control of alcoholic beverages prohibited on sales premises between certain hours; exceptions.

(a)    Possession or control, etc. Except as provided in sections 10-180 through 10-184, it shall be unlawful for any person to drink, consume or have in his possession or immediate control any alcoholic beverage in an open container in any place where alcoholic beverages are sold during the hours the dealer is not permitted to be open for business under sections 10-171 and 10-172

(b)   Unlawful for dealers, agents, etc., to permit consumption, etc. Except as provided in sections 10-180 through 10-184, it shall be unlawful for any retail dealer or any agent, associate, employee, representative or servant to permit or allow any person to drink, consume or have in his possession or immediate control any alcoholic beverage in an open container in any place where alcoholic beverages are sold during the hours the dealer is not permitted to be open for business

(c)    Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.

(Ord. No. 118, 2000, 8-22-00)

Sec. 10-190. Drinking in public generally; exceptions.

(a)    Except as provided herein, it shall be unlawful to consume alcoholic beverages of high or low alcoholic content within the city limits in or on any of the following areas:

(1)    On any public street or sidewalk;

(2)    On any property zoned so as to permit only package alcoholic beverage sales;

(3)    On the parking lot of a business or on other property of a business where said property is open to the public;

(4)    Within the view of the public outside of an enclosed structure on any public or private property, except that this subsection shall not apply to the owner or resident of the property, or the invited guests of the owner or resident when the owner or resident is present.

(5)    The provisions of this section shall not apply where said consumption is specifically authorized by ordinance, by the city council or the zoning board of appeals. The provisions of this section shall not apply to property covered by or exempted from coverage under sections 10-191 through 10-193

(b)   The provisions of this section shall not apply to persons consuming alcoholic beverages in designated plastic containers on any public street, sidewalk or other public area located within the area bounded by the south bank of Cross Bayou on the north, the north side of Lake Street on the south, the west bank of the Red River on the east, and the east right of way line of Spring Street, not to include any sidewalk or pedestrian thoroughfare parallel and adjacent to Spring Street, on the west; and further includes, Block 48 of the city, known as Festival Plaza, during any special event as permitted and licensed by the city police department pursuant to the provisions of section 10-54 of this Code.

(c)    Any retail dealer selling alcoholic beverages for consumption on the premises and located within the area specified in subsection (b) of this section desiring to sell alcoholic beverages for consumption on a public sidewalk shall first make application for such approval in accordance with the provisions of section 78-139 and subsection 106-1127(5).

(d)   The provisions of this section shall not apply to persons consuming alcoholic beverages in plastic containers in a designated area located on the grounds of Centenary College during any event authorized by Centenary College. Centenary College shall give the city police department no less than ten days’ written notice which shall include the date, time and description of the designated area of the campus where the event is to be held. If said event is catered by a person holding a valid caterer’s permit issued in accordance with section 10-53, no other alcoholic beverage permit or zoning approval is required.

(Ord. No. 33, 2002, 4-8-02; Ord. No. 114, 2003, 8-8-26-03; Ord. No. 47, 2008, 8-12-08; Ord. No. 62, 2013, 6-25-13)

Editor’s note—

Ord. No. 62 of 2013, adopted June 25, 2013, enacted provisions intended for use as subsection (c). Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection (c).

(a)    It shall be unlawful for any holder of a permit issued pursuant to division 2 of this article to allow any alcoholic beverage handling employee to handle, sell or serve alcoholic beverages for consumption on premises unless such alcoholic beverage handling employee is in possession of an alcoholic beverage handling employee card issued under the authority of this division. The permit holder shall notify the sheriff of the intended employment, and apply to the sheriff to obtain such card.

(b)   Every alcoholic beverage handling employee shall obtain an alcoholic beverage handling employee card prior to handling, selling or serving alcoholic beverages for consumption on premises for which a permit is required by this chapter.

(c)    The sheriff may in his discretion grant special oral dispensations of the employee card requirement in specific cases, upon valid reasons shown, said dispensations not to exceed the period from time granted until the close of the next normal business day.

(Code 1976, § 3-25; Code 1985, § 3-46)

Sec. 4-108. Hours of sales, closing hours, etc.

(a)    Except as provided in sections 4-109 through 4-112, it shall be unlawful for any retail or wholesale dealer to be open for business between the hours of 2:00 a.m. on Sundays and 7:00 a.m. on Mondays, or between the hours of 2:00 a.m. and 7:00 a.m. on any other day of the week.

(b)   The owner, manager and any employee in charge of any permitted establishment shall be held responsible for the closing of the establishment and for keeping the establishment closed as provided in this section.

(c)    Any person who violates any of the provisions of this section shall be punished as provided in section 1-8, and, in addition thereto, any violation of the provisions of this section shall constitute grounds for the withholding, denial, suspension or revocation of any permit or license for the manufacture, selling, serving or otherwise handling or dealing in of alcoholic beverages of any alcoholic content.

(Code 1976, §§ 3-2, 3-3; Code 1985, § 3-67; Ord. No. 2985, 8-11-1993)

Editor’s note—

The validity of the above section was sustained in Asbell v. Caddo Parish Policy Jury, 292 So.2d 848 (1974).

Sec. 4-109. Sunday sales—Special events.

Notwithstanding the provisions of section 4-108, it shall be lawful to sell or dispense beverages of low alcoholic content at festivals, fairs and sporting events, as hereinafter described, between the hours of 12:00 noon and 12:00 midnight on Sundays, pursuant to the following:

(1)    This section shall be applicable to festivals and fairs for the purpose of promoting the arts or community or cultural heritage and to competitive sporting events open to the general public.

(2)    Persons desiring to sell or dispense beverages of low alcoholic content on Sunday pursuant to this section shall apply for a permit for that purpose pursuant to the provisions of section 4-49

(3)    The permit shall be valid on the Sunday or Sundays applied for only during the duration of the specified qualifying event between the hours of 12:00 noon and 12:00 midnight.

(4)    The fee for said permit shall be as established by the parish commission, from time to time, and shall be paid to the parish prior to the issuance of the permit.

(Code 1985, § 3-67.1; Ord. No. 2888, 5-27-1992)

Sec. 4-110. Same—Bona fide restaurants.

(a)    A bona fide restaurant, as defined in this section, shall be permitted to serve alcoholic beverages in dining areas as an accompaniment to food on Sundays but only between the hours of 12:00 noon and 12:00 midnight. Such a restaurant, however, may serve only the types of alcoholic beverages that it is licensed to serve at other times.

(b)   Any bona fide restaurant desiring to serve alcoholic beverages on Sundays in accordance with this section shall first apply to the administrator for a Sunday alcoholic beverage permit for restaurants. Any applicant for such a permit shall furnish such information relative to its operations as may be required by the administrator including, but not necessarily limited to, information as to its gross sales of alcoholic beverages as opposed to food sales and copies of the establishment owner’s federal and state income tax returns for three years preceding the date of the application. The administrator shall arrange for a representative of the parish to inspect the applicant’s premises to determine whether a bona fide restaurant is being operated on such premises. If the administrator is satisfied that a bona fide restaurant is being operated on the premises of the applicant, he shall issue a Sunday alcoholic beverage permit for restaurants which shall be displayed in a conspicuous place on the premises of the applicant. Any permit issued pursuant to this section shall be subject to revocation or suspension for any grounds that a dealer’s basic liquor permit may be revoked or suspended and also if the applicant should fail to continue to operate a bona fide restaurant.

(c)    If the administrator denies an application on the basis that the applicant is not operating a bona fide restaurant, the administrator shall give written notice to the applicant of the denial of the application and the grounds therefor. Any applicant aggrieved by the decision of the administrator may, within ten days from the date such decision is rendered, appeal to the parish commission by filing a written request with the commission clerk for a review of such decision. The commission shall within 45 days hold a hearing on the appeal. After public hearing on the appeal, the commission may by majority vote of the entire commission reverse the decision of the administrator. In the event of such a reversal, the administrator shall issue the applied-for permit to the applicant.

(d)   For the purpose of this article, a “bona fide restaurant” is defined as an establishment that shall have been operated continuously as a restaurant for at least 90 days prior to the date of its application for a Sunday alcoholic beverage permit for restaurants. However, to qualify as a bona fide restaurant, the establishment’s gross revenues from the sale of food during such 90-day period must have exceeded its receipts from the sale and dispensing of alcoholic beverages. If an establishment has a separate but adjoining cocktail lounge as part of its premises, the gross sale of the cocktail lounge shall be excluded in determining whether the establishment meets the requirement that its food sales exceed its sale of alcoholic beverages, and in such cases, only the gross sales of food and beverages in the dining room areas of the establishment shall be considered. After the issuance of the permit, the establishment’s food sales must at all times exceed its sales of alcoholic beverages for the establishment to be considered a bona fide restaurant.

(e)    If an establishment desires to serve alcoholic beverages on Sunday in accordance with this section prior to its qualification as a bona fide restaurant, the administrator may issue a temporary permit, which shall be valid for 90 days, to allow the establishment to make such determination. In order to qualify for the issuance of a temporary permit, the applicant must establish, to the satisfaction of the administrator, the following:

(1)    The establishment is a place of business whose intended purpose and primary function is to take orders for and serve food and food items;

(2)    The establishment serves alcoholic beverages in conjunction with meals;

(3)    The establishment serves food on all days of operation;

(4)    The establishment operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises; and

(5)    The establishment has been certified by the local health department showing compliance with all health and sanitary requirements.

In lieu of the provisions set out in this subsection, for a restaurant owned by the same individual, partnership, corporation, or other legal entity, the applicant shall provide information to the administrator relative to the operation of the other restaurants relative to its gross sales of alcoholic beverages as opposed to food sales for the three years preceding the date of application.

(f)    If a restaurant with a separate cocktail lounge desires to sell alcoholic beverages pursuant to this article, it must close and lock the cocktail lounge at 2:00 a.m. on Sunday and not reopen the cocktail lounge until 7:00 a.m. on Monday. However, such cocktail lounge may be open during such hours authorized by and under a permit issued pursuant to section 4-112. If the restaurant has a bar for service of alcoholic beverages in the dining area, which bar is not regularly and customarily used for dining purposes, the bar shall be used only as a service bar for the dining area on Sunday; and no alcoholic beverages shall be dispensed to the patrons from the bar itself but only in dining areas by a waiter or waitress.

(g)   Any Sunday alcoholic beverage permit issued pursuant to this section shall expire at the same time as the current basic liquor permit that the applicant obtained from the parish. However, the Sunday alcoholic beverage permit for restaurants may be renewed from year to year if the basic permit is renewed and if the applicant still operates a bona fide restaurant as defined in this section. The annual fee for the issuance of a Sunday alcoholic beverage permit for restaurants shall be $125.00 which shall be paid by certified funds in cash to the administrator prior to the issuance of the permit.

(Code 1985, § 3-67.2; Ord. No. 2985, 8-11-1993)

Sec. 4-111. Same—Bona fide private clubs.

(a)    A bona fide private club, as defined in this section, shall be permitted to serve alcoholic beverages on Sundays, but only between the hours of 12:00 noon and 12:00 midnight. Such a bona fide private club, however, may serve only the types of alcoholic beverages that it is licensed to serve at other times.

(b)   Any bona fide private club desiring to serve alcoholic beverages on Sundays in accordance with this section shall first apply to the administrator for a Sunday alcoholic beverage permit for private clubs. Any applicant for such a permit shall furnish such information relative to its operation as may be required by the administrator, including, but not necessarily limited to, articles of incorporation and other documents evidencing that the applicant is a bona fide private club. The administrator shall arrange for a representative of the parish to inspect the applicant’s premises to determine whether a bona fide private club is being operated on such premises. If the administrator is satisfied that a bona fide private club is being operated on the premises of the applicant, he shall issue a Sunday alcoholic beverage permit for private clubs which shall be displayed in a conspicuous place on the premises of the applicant. Any permit issued pursuant to this section shall be subject to revocation or suspension for any grounds that a dealer’s basic liquor permit may be revoked or suspended and also if the applicant should fail to continue to operate a bona fide private club.

(c)    If the administrator denies an application on the basis that the applicant is not operating a bona fide private club, the administrator shall give written notice to the applicant of the denial of the application and the grounds therefor. Any applicant aggrieved by the decision of the administrator may, within ten days from the date such decision is rendered, appeal to the parish commission by filing a written request with the commission clerk for a review of such decision. The commission shall within 45 days hold a hearing on the appeal. After public hearing on the appeal, the commission may by majority vote of the entire commission reverse the decision of the administrator. In the event of such reversal, the administrator shall issue the applied-for permit to the applicant.

(d)   For the purpose of this section, a “bona fide private club” is defined as a voluntary, incorporated or unincorporated association of persons for purposes of a social, literary, political or other noncommercial nature which is patronized only by its members and any guests which have been specifically invited by and accompany such members. Equitable ownership of such club must be held exclusively by its members. It must be nonprofit in nature, in that it must not be designed primarily to pay dividends on invested capital nor incomes to its members. After the issuance of the permit, the holder thereof must at all times meet the requirements of this section in order to be considered a bona fide private club.

(e)    Any Sunday alcoholic beverage permit for private clubs issued pursuant to this section shall expire at the same time as the current basic liquor permit that the applicant obtained from the parish. However, the Sunday alcoholic beverage permit for private clubs may be renewed from year to year if the applicant still operates a bona fide private club, as defined in this section. The annual fee for the issuance of a Sunday alcoholic beverage permit for private clubs shall be as established by the parish commission, from time to time, which shall be paid by certified funds to the administrator prior to the issuance of the permit.

(Code 1985, § 3-67.3; Ord. No. 2985, 8-11-1993)

Sec. 4-112. Same—Bona fide private parties held on Sundays on the premises of retail dealers of alcoholic beverages.

(a)    Notwithstanding anything contained in section 4-108, it shall be lawful for any retail dealer of alcoholic beverages otherwise licensed to allow consumption on the premises to open and sell, serve, dispense, or otherwise dispose of any alcoholic beverages between the hours of 12:00 noon and 12:00 midnight for the purpose of conducting a bona fide private party, as defined in this section, and on the terms of the conditions contained in this section.

(b)   Any retail dealer desiring to open on Sunday between the hours of 12:00 noon and 12:00 midnight and sell, serve, dispense or otherwise dispose of any alcoholic beverages during that time for the purpose of conducting a bona fide private party shall first apply to the administrator for an alcoholic beverage permit to sell, serve, dispense or otherwise dispose of any alcoholic beverages at a private party on Sunday. Any application for such a permit shall furnish the following information relative to the contemplated party: date and location of the party; identification and address of the host for the contemplated party; a written list of the individuals invited to attend the contemplated party, which list, together with any copies made thereof, shall be destroyed within 24 hours after the party; and a statement signed by the host that persons not specifically invited to the party will not be permitted admittance thereto. All applications for such permits shall be submitted to the administrator no later than, ten days prior to the proposed time and date for such a private party. Any permit issued pursuant to this section shall be subject to revocation and suspension for any grounds that a dealer’s basic liquor permit may be revoked or suspended.

(c)    If the administrator denies an application on the basis that the applicant did not propose to conduct a bona fide private party, the administrator shall provide written notice to the applicant of the denial of the application and the grounds therefor. Any applicant aggrieved by the decision of the administrator may, within ten days from the date such decision is rendered, appeal to the parish commission by filing a written request with the commission clerk for a review of such decision. The commission shall within 45 days hold a hearing on the appeal. After public hearing on the appeal, the commission may by majority vote of the entire commission reverse the decision of the administrator. In the event of such a reversal the administrator shall issue the applied-for permit to the applicant.

(d)   For the purpose of this section, a “bona fide private party” is defined as a party hosted and sponsored by someone other than the retail dealer of alcoholic beverages and for which a written guest list is prepared, invitations are distributed, and no one other than specific invitees thereto shall gain admittance.

(e)    Any permit issued pursuant to this section shall be for one bona fide private party only. The fee for such permit shall be as established by the parish commission, from time to time, which shall be paid by certified funds to the administrator prior to the issuance of the permit.

(Code 1985, § 3-67.4; Ord. No. 2985, 8-11-1993)

Sec. 4-113. Same—Packaged beer.

(a)    Except as provided in subsection (b) of this section, any establishment holding a current retail dealer’s permit under the provisions of this chapter may sell packaged beer for consumption off of the permittee’s premises on Sunday, between the hours of 12:00 noon and 12:00 midnight, provided that during the operation on Sundays all other alcoholic beverages on such permittee’s premises shall be placed in locked rooms, cabinets or containers in such a manner that the permittee’s patrons will not have access to such other alcoholic beverages.

(b)   Holders of permits pursuant to the provisions of sections 4-109 through 4-112 are specifically excluded from off premises sales allowed by this section.

(Code 1985, § 3-67.5; Ord. No. 2985, 8-11-1993)

Sec. 4-114. Same—Raceway premises.

(a)    Notwithstanding the provisions of section 4-108, any person or other legal entity holding a current retail dealer’s permit under the provisions of this chapter may sell alcoholic beverages for on-premises consumption on raceway premises on Sunday, but only beverages of low alcoholic content and only between the hours of 12:00 noon and 12:00 midnight.

(b)   Any person or other legal entity desiring to sell or dispense beverages of low alcoholic content for on-premise consumption on raceway premises on Sunday shall apply for and obtain a permit pursuant to the provisions of section 4-49

(c)    The fee for any permit issued under this section 4-114 shall be as established by the parish commission, from time to time, and the fee shall be in addition to any other fee under any other provision of this chapter.

(d)   For the purposes of this section 4-114, raceway premises shall be defined as commercial premises upon which the primary activity consists of automotive or race car competition.

(Code 1985, § 3-67.6; Ord. No. 3570, 10-22-1998)