Sec. 3-24. Prohibited acts by retail dealers generally; hours of operation.
(a) No holder of a retail dealer’s license and permit issued hereunder, and no servant, agent or employee of such licensee and permittee shall:
(1) Commit or do on the licensed premises, any of the acts and things prohibited by the provisions of Louisiana Revised Statutes, Title 26, Section 88, or by an other applicable law of Louisiana, and Town of Berwick, all of which are made a part hereof by reference for all purposes as fully as if written herein in extenso; or
(2) Sell any of the beverages aforedescribed between the hours of 2:00 a.m. and 6:00 a.m. on each day of the week from Sunday through Saturday.
(b) Restaurants, grocery stores, convenience food stores, or other such similar stores, may remain open for sale of other items permitted by law, but any sale or consumption of alcoholic beverages in said places of business during the prohibited periods above set forth is expressly prohibited.
(c) All bars, saloons, shops, stores or any other place of business licensed under the provisions of this chapter excepting restaurants, grocery stores, convenience food stores, etc., as aforementioned, shall be closed at 2:30 a.m. continuously until 6:00 a.m. the same day Sunday through Saturday of each week.
(d) The term “closed”, as used in this section or elsewhere in this chapter shall mean that “the entire licensed building shall be locked, that all lights shall be out and that no one shall be inside of said premises.
(e) The following exceptions and no others shall apply to the closing provisions of this section:
(1) One watchman employed by the permittee may be in or upon licensed premises at any time, provided that his name, description and hours of employment shall be furnished to the police department prior to his employment; and provided further that no sale or consumption of alcoholic beverages shall be permitted upon the licensed premises. A current list of all such watchmen shall be forwarded monthly to the police department for the Town of Berwick.
(Ord. No. 240, 7-8-80; Ord. No. 275, 4-26-83)
Sec. 3-29. Sale, consumption of alcoholic beverages and liquor on streets, sidewalks or in public.
(a) Definitions. For purposes of this section, definitions are as follows:
(1) “Alcoholic beverages” means any fluid or any solid capable of being converted into fluid, suitable for human consumption, and containing more than one-half (frax;1;2;) of one per cent alcohol or intoxicating liquors, beer, porter, ale, stout, fruit juices or wine.
(2) “Liquor” means all distilled or rectified alcoholic spirits, brandy, whiskey, rum, gin and all similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing such as liquors, cordials and similar compounds.
(b) Sale of alcoholic beverages and liquor on streets and sidewalks or in public prohibited. No person shall sell alcoholic beverages or liquor on the streets, sidewalks or other public rights-of-way of the town, nor shall a person sell such alcoholic beverages or liquors from a window, door or other aperture facing a street or sidewalk or other public right-of-way within the city limits of the town.
(c) Consumption of alcoholic beverages and liquor in public prohibited. No person shall consume an alcoholic beverage or liquor while standing, walking, sitting or riding on the streets, sidewalks, roads or other public rights-of-way located within the town. There is specifically included within the areas covered by this section all property located within the rights-of-way of the Louisiana Highway 182 and U.S. Highway 90 bridges and all approaches and exits from these bridges.
(d) Exemption. There shall be exempted from this section the immediate area of any special event such as a fair and/or festival when sponsored by a nonprofit organization and when a permit has been granted by the town. Such permit shall specifically delineate the boundaries of the immediate area and the time 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.
(Ord. No. 240, 7-8-80; Ord. No. 410, 3-14-95)
Sec. 3-32. Private nightclubs, private dance clubs or for pay parties—Definition, closing hours.
(a) “Private nightclubs”, “private dance clubs”, or “for pay party establishments” shall be defined as:
(1) Any commercial establishment where alcohol or non-alcoholic beverages are consumed on the premises and an admittance fee, or any other form of payment is required for entry to the establishment; or
(2) Any establishment that does not charge an admittance fee or other form of payment for entry but which provides music or other audio or visual entertainment to patrons and the owner, operator and/or their servants, their agents, or their employees engage in the retail sale of food or beverages for consumption on the premises.
(b) Private nightclubs, private dance clubs or for pay party establishments as defined herein shall be subject to closing as required in section 3-24 and owners, operators, and/or their servants, their agents, or their employees shall not permit the consumption of any alcoholic beverages on the premises between the hours of 2:00 a.m. and 6:00 a.m. on each day of the week, Sunday through Saturday. Private nightclubs, private dance clubs or for pay party establishments shall be closed from 2:30 a.m. continuously until 6:00 a.m. on each day of the week, Sunday through Saturday.
(c) Private nightclubs, private dance clubs or for pay party establishments shall not be permitted any exceptions to closing hours.
(d) It shall be unlawful and a crime to violate the provisions of this section. Violations of this section shall be punished in accordance with section 1-8 of the Code of Ordinances.
(e) This section shall not be applicable to retail businesses such as convenience stores, grocery stores, all night discount or department stores, and restaurants (as long as the restaurant derives seventy-five (75) per cent of its revenues from the sales of food prepared for consumption on the premises or for take out).
(Ord. No. 527, 9-9-03)
Sec. 3-18. Bar dispensers—Certification required; penalty.
(a) In order to further carry out the regulation of businesses dealing in alcoholic beverages as authorized by Title 26 of the Louisiana Revised Statutes and under the express authority granted in R.S. 26:494 and in order to further protect the health, safety and morals of the citizens of the town, no one shall dispense alcoholic beverages of either low or high alcoholic content from the bar of any business licensed under this chapter for on-the-premises consumption, except a person duly certified by the town clerk as qualified to dispense alcoholic beverages.
(b) The dispensing of any such alcoholic beverages at any place of business by any one other than a person duly certified by the town clerk shall subject the holder of the alcoholic beverage permit or license for that place of business to having his permit suspended or revoked.
(Ord. No. 230, 9-11-79)
Sec. 3-19. Same—Qualifications, etc., for certification; exceptions; appeal.
(a) Each applicant for a certificate of qualification to dispense alcoholic beverages from behind the bar in a place licensed for on-the-premises consumption shall present to the police chief a photograph of himself of the size designated by the police chief and shall be fingerprinted by the police department.
(b) Each applicant shall pay to the police chief, at the time of receiving his license, a fee of twenty-five dollars ($25.00) to cover the cost of issuing such certificate, plus any fee levied by the State of Louisiana.
(c) Each applicant shall be required to keep on his person, at all times while dispensing alcoholic beverages from behind a bar, the permit issued.
(d) The permit shall be renewed each year on December 31st upon the approval of the chief of police, upon his certification that all requirements of the provisions of this section for bar dispensing permit have been met and a renewal fee of fifteen dollars ($15.00) plus any fee levied by the State of Louisiana has been paid.
(e) A fee of twenty-five dollars ($25.00) plus any fee levied by the State of Louisiana shall be charged for a duplicate of a valid permit.
(f) A fee of twenty-five dollars ($25.00) plus any fee levied by the State of Louisiana shall be charged for a duplicate/renewal permit.
(g) Each applicant for a certificate of qualification to dispense alcoholic beverages from behind a bar shall possess the following qualifications:
(1) Is a person of good character and reputation and over eighteen (18) years of age.
(2) Is a citizen of the United States and of the State of Louisiana and a resident of the State of Louisiana continuously for a period of not less than two (2) years next preceding the date of the filing of the application.
(3) Has not been convicted of a felony under the laws of the United States, the State of Louisiana, or any other state or country.
(4) Has not been convicted 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, or illegally dealing in narcotics.
(5) Has not had a license or permit to sell or deal in alcoholic beverages, issued by the United States, any state, or by any political subdivision of a state authorized to issue permits or licenses, revoked within one year prior to the application, or been convicted or had a judgment of court rendered against him involving alcoholic beverages by this or any other state or by the United States for one year prior to the application.
(6) Has not been adjudged by the board or convicted by a court of violating any of the provisions of Title 26 of the Louisiana Revised Statutes.
(7) Has not been convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of R.S. 26:494.
(8) Has not had a certificate of qualification to dispense alcoholic beverages from the bar issued by any other parish, municipality, or state, suspended or revoked.
(h) The application for certificate of qualification shall be in writing and sworn to and shall contain the full name and correct address of the applicant and shall include a sworn statement that he possesses the qualifications set forth in subsection (g) of this section.
(i) The police chief may refuse to issue a certificate of qualification to dispense alcoholic beverages from the bar to any person who lacks any of the qualifications set forth above or in the interest of the public health, safety and morals.
(j) Any act, or failure to act, by any person certified to be qualified to dispense alcoholic beverages under the provisions of this section, which is a violation of this chapter, shall subject such person to having his certificate to dispense alcoholic beverages from behind a bar suspended or revoked by the mayor and council.
(k) Any person convicted of dispensing alcoholic beverages from a bar without having a certificate of qualification to do so shall be subject to the penalty provided in section 1-8 of this Code.
(l) However, the holder of a permit to sell alcoholic beverages at a particular establishment may dispense alcoholic beverages from behind the bar at that establishment without having the certification of qualification required by this section.
(m) New employees hired to dispense alcoholic beverages shall be required to secure a certificate of qualification prior to the beginning of their employment.
(n) Any person aggrieved by the decision of the police chief or town clerk to refuse to issue, or to suspend or revoke, a certificate of qualification, may take a devolutive appeal therefrom to the council within fifteen (15) days of written request therefor to the town clerk. The mayor and council shall hear said appeal within forty-five (45) days of receipt of said notice of appeal by the town clerk. The decision of the town clerk and or police chief shall be final unless appealed within the time, and in the manner, set forth above.
(Ord. No. 230, 9-11-79; Ord. No. 381, 4-13-93)
