(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)
