(a) It shall be unlawful for any person to consume alcoholic beverages of high or low alcoholic content on any public street, sidewalk, park, building, including any public school building, school grounds, football stadium, gymnasium, or any place of amusement holding a retail occupation license from the city including skating rinks, bowling alleys, theaters, pool halls, dance halls, and amusement centers.
(b) It shall be unlawful for any person conducting a business in the city, his employees or agents, including all holders of city occupational retail licenses, all places of amusement, including skating rinks, bowling alleys, theaters, dance halls, and amusement centers and all places of business where the public is invited, such as washaterias, to knowingly permit patrons or anyone to possess or consume alcoholic beverages on the premises of such businesses.
(c) This section shall not apply to persons who have alcoholic beverage permits from the city; provided, however, that this exception applies only to alcoholic beverages covered by the holder’s permit.
(d) This section shall not apply to the sale or consumption of alcoholic beverages in the Bossier City Civic Center for which a one event alcoholic beverage permit has been issued in accordance with procedures in this chapter.
(1) The term “event”, as pertains to civic center operations is defined in section 26-33. Events are normally one to three consecutive days’ duration. For purposes of one event alcoholic beverage permits, events will not exceed seven consecutive days’ duration.
(2) The applicant must have an approved contract to conduct an event in the Bossier City Civic Center. That contract must have an addendum which states the applicant is authorized to sell or serve alcoholic beverages subject to all applicable laws, regulations, and fees applicable thereto.
(3) Applications for permits must be completed not less than ten days prior to the first day of the contracted event.
(4) The civic center executive director is delegated authority to approve/disapprove applications for one event alcoholic beverage permits for a contracted event in the Bossier City Civic Center. Prior to processing the permit, applicants will be required to read and sign an acknowledgement/certification statement pertaining to laws, ordinances, restrictions and/or procedures concerning sale or consumption of alcoholic beverages. This will be co-signed by the civic center executive director prior to processing a permit application. A copy of this statement and the approved application will be immediately forwarded to the police chief, vice section. The police chief or chief of the vice section has authority to cancel any permit issued by the civic center executive director.
(5) Permits are valid for one event only, not to exceed seven consecutive days’ duration.
(6) Permits are valid only for events conducted in the Bossier City Civic Center for which a contract has been signed by the executive director. Fees for one event permits are as follows:
- One day …..$ 25.00
- Second day …..15.00
- Each additional day, each …..10.00
(7) All other provisions of this chapter regarding alcoholic beverages which are not inconsistent with provisions of this section apply.
(8) The civic center will maintain a file copy of approved permits for at least one year following the event.
(Code 1980, § 3-8)
Cross reference— Streets, sidewalks and other public places, ch. 98.
Sec. 6-9. Hours of operation of retail and wholesale dealers.
(a) It shall be unlawful for any retail or wholesale dealer to sell, barter, give or otherwise dispense alcoholic beverages or to permit or admit any member of the public into an establishment, or part thereof, where alcoholic beverages are the principal commodity sold, between the hours of 2:00 a.m. and 7:00 a.m. on weekdays and between the hours of 2:00 a.m. on Sunday until 7:00 a.m. the following Monday, except as provided for in section 6-10
(b) In any establishment or part thereof where alcoholic beverages are the principal commodities sold or handled the alcoholic beverage permit holder shall remove all patrons and members of the public from the premises by 2:30 a.m. and the lights in the premises shall be extinguished and all doors to such premises will be locked. Further the lights will remain extinguished including outside lights until the premises opens for business as provided in subsection (a) of this section, except the permit holder and his employees or agents may enter the closed premises for the purpose of cleaning, taking stock or other work in the establishment.
(c) It shall be unlawful for any person to purchase or solicit any other person to sell beverages of high or low alcoholic content within the city limits at such times and places when and where such sales are prohibited.
(Code 1980, § 3-9)
Sec. 6-10. Sunday sales.
It shall be unlawful for any retail or wholesale dealer to sell, barter, give or otherwise dispense alcoholic beverages of high alcoholic content between the hours of 2:00 a.m. Sunday until 7:00 a.m. the following Monday, except for bona fide restaurants as provided for in this chapter.
(1) The following provisions shall apply to bona fide restaurants:
- A bona fide restaurant, 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.
- Any bona fide restaurant desiring to serve alcoholic beverages on Sundays in accordance with this section shall first apply in writing to the mayor or his designee 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 mayor or his designee 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 application. All applications shall be sworn to and shall contain the full name of the applicant along with a complete description and true address of the premises on which the restaurant is located. It will be submitted along with all required documents submitted to the city treasurer’s office for approval. It will further establish that the applicant is operating a bona fide restaurant by having a full and properly equipped kitchen facility and dining room with sufficient employee personnel to operate such facility. The applicant will submit an affidavit from the local health department showing compliance with all applicable health and sanitary requirements. The mayor or his designee shall arrange for a representative of his department to inspect the applicant’s premises to determine whether a bona fide restaurant as defined herein is being operated on such premises. If the mayor or his designee 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.
- If the mayor or his designee denies an application on the basis that the applicant is not operating a bona fide restaurant, the mayor shall give written notice to the applicant of the denial of the application and the grounds therefor. The applicant shall then have ten days from the date of receipt of such written notice in which to appeal the decision of the mayor or his designee to the entire city council. After a public hearing on the appeal, the council may by a majority vote reverse the decision of the mayor or his designee. In the event of such a reversal, the mayor or his designee shall issue a Sunday alcoholic beverage permit for restaurants to the applicant.
- The applicant will further be required to submit an affidavit from one qualified in conducting an audit of the business establishment showing that a current audit has been performed and that 70 percent of the sales were from the sale of food; provided, however, that the city treasurer’s office shall have the authority to conduct an audit of any holder of or applicant for a Sunday liquor sales permit in order to verify compliance with the provisions of this section, and such holder or applicant shall be required to furnish such business records as required by the treasurer’s office for this audit. Any audit so performed shall be presumed prima facie correct, and the treasurer’s office may take any appropriate action based on the results of such audit, including revocation or denial of such permit.
- For new businesses without prior business on which to base an audit of food sales, the Sunday liquor permit may be applied for and granted on a temporary basis contingent upon the audit being performed within 30 days, provided the other requirements establishing the existence of a bona fide restaurant are met.
- If a restaurant with a separate cocktail lounge desires to sell alcoholic beverages pursuant to this article, it shall close and lock the cocktail lounge at 2:30 a.m. on Sunday and not reopen the cocktail lounge until 7:00 a.m. on Monday.
- 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 city; however, a 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. For the purpose of this section, the term “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 be at least 70 percent of the gross sales of food and 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 (as indicated above) and in such cases, only the gross sale of food and beverage 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 be at least 70 percent of the gross sales of food and alcoholic beverages for the establishment to be considered a bona fide restaurant.
(2) Class “B” alcoholic beverage permit holders (which authorizes the dealer to sell for in sealed containers prepared for transportation and consumption off the premises) may sell beverages of low alcoholic content and wine, for consumption off the permittee’s premises on Sundays, but only between the hours of 7:00 a.m. and 12:00 midnight.
(Code 1980, § 3-10; Ord. No. 111-2007, 12-18-2007)
Cross reference— Sale of low alcoholic content packaged beverages on Sunday, § 10-32.
Sec. 6-11. Sunday liquor service for bona fide private clubs.
(a) A bona fide private club, as defined in this section, shall be permitted to serve alcoholic beverages on Sunday, 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 designed to serve alcoholic beverages on Sundays in accordance with this section shall first apply to the police chief 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 police chief, including, but not limited to, articles of incorporation and other documents evidencing that the applicant is a bona fide private club. The police chief shall arrange for a representative of his department to inspect the applicant’s premises to determine whether a bona fide private club is being operated on such premises. If the police chief 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 police chief denies an application on the basis that the applicant is not operating a bona fide private club, the police chief 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 police chief may, within ten days from the date such decision is rendered, appeal to the mayor by filing a written request with the office of the mayor for a review of such decision. The mayor shall review such decision within ten days of the receipt of such request and shall affirm or reverse the decision of the police chief. The mayor shall give written notice to the applicant of his decision and the grounds therefor. Any applicant aggrieved by the decision of the mayor may, within ten days from the date of receipt of such written notice, appeal to the city council by filing a written request with the clerk of council for a review of such decision. The city council shall thereafter hold a hearing on the appeal. After public hearing on the appeal, the council may by majority vote of the entire council reverse the decision of the mayor. In the event of such reversal, the police chief shall issue the applied-for permit to the applicant.
(d) For the purpose of this section, the term “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 city. 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 $250.00, which shall be paid in cash to the city prior to the issuance of the permit.
(Code 1980, § 3-10.1)
Sec. 6-12. Sunday alcohol sales at the Bossier City Arena.
Any retail dealer operating pursuant to a contract to sell food and/or alcoholic beverages on the premises of the Bossier City Arena shall be permitted to sell and serve beverages of low alcoholic content or high alcoholic content on Sunday, but only between the hours of 12:00 noon and 12:00 midnight.
(Code 1980, § 3-10.2)
Sec. 6-71. Required.
(a) Every alcoholic beverage handling employee shall obtain an alcoholic beverage handling employee card prior to entering into employment on an alcoholic beverage permit holder’s premises.
(b) The provisions of this section shall not apply to persons selling beverages of low alcoholic content on a volunteer basis without pay on the premises of a city council approved fair or festival when a portion of the proceeds are retained by a nonprofit organization; however, each site or facility from which alcoholic beverages are dispensed shall be under the direct supervision during all hours of operation by a manager holding a current alcoholic beverage handling employee card.
(Code 1980, § 3-66)
Sec. 6-72. Responsibilities of alcoholic beverage permittees.
(a) It shall be unlawful for any alcoholic beverage permit holder to allow any alcoholic beverage handling employee, including, but not limited to servers, bartenders, managers, dancers, maintenance persons and floorwalkers to be present on the premises when alcoholic beverages or containers thereof are handled, dispensed or consumed on the premises, unless such alcoholic beverages handling employee is in possession of an alcoholic beverage handling employee card issued under authority of this article. Immediately after employing any alcoholic beverage handling employee, the permit holder shall notify the department of public safety of such employment of such alcoholic beverage handling employee.
(b) Any employee under the age of 18 years and who is not directly involved in the sale or handling of alcoholic beverages for consumption on the premises in an establishment which qualifies as a bona fide restaurant shall be exempt from the provision of the Code requiring an alcoholic beverage handling employee card in order to maintain employment, however, they must meet all requirements of section 6-73, except the age requirement and obtain a minor’s work card prior to employment.
(c) A fee of $5.00 shall be paid for issuance of each minors work card.
(Code 1980, § 3-67)
Sec. 6-73. Qualifications of applicant.
An applicant for an alcoholic beverage handling employee card shall meet the following qualifications and conditions:
(1) He must be a person of good character and reputation and 18 years of age or older.
(2) He must not have been convicted of a felony under the laws of the United States, the state or any other state or country.
(3) The applicant shall not have been convicted of prostitution, soliciting for prostitution, pandering, letting premises for prostitution, employing or permitting the presence of B drinkers, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place, illegally dealing in controlled dangerous substances or any violation of the Uniform Controlled Dangerous Substances Law (R.S. 40:961 et seq.), or as such offenses may now or hereafter be otherwise named.
(4) He must not have been convicted of violating the provisions of this chapter.
(5) He must not have had his alcoholic beverage handling employee card revoked within two years next preceding the application.
(6) He must not have been convicted of violating any municipal or parish ordinance relating to alcoholic beverages. In such case, the granting or denial of a card is within the discretion of the mayor or his designee.
(7) The applicant shall not have been convicted of any obscene, lewd or immoral act on any premises licensed under this chapter.
(8) The applicant must truthfully answer all questions on the application. A material misstatement or suppression of fact in the application or accompanying affidavit is grounds for denial of a permit to handle alcoholic beverages.
(Code 1980, § 3-68)
State law reference— Qualifications of applicants for permits, R.S. 26:80, 26:280.
