(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)
