(a)
All persons, firms or corporations holding a Class A liquor license shall be closed between the hours of 2:00 a.m. and 5:00 a.m. on Mondays, Tuesdays, Wednesdays, Thursdays, Fridays, and Saturdays, and all doors to said business premises shall be locked between such hours, and all customers thereof shall be vacated between such hours.
(b)
All establishments bearing Class A and Class B permits are hereby allowed to sell alcoholic beverages twenty-four (24) hours a day.
(c)
Nothing contained herein shall be construed to prohibit those persons, firms and establishments holding a “restaurant endorsement permit,” as defined in subsection 3-46(b) of this Code, from remaining opened between the hours of 2:00 a.m. and 5:00 a.m. on Mondays through Saturdays, but in the event that such establishments are opened between such hours, no liquor, beer, wine or other alcoholic beverages of any kind shall be sold, traded or bartered, or be allowed to be consumed on the premises of such establishment.
(Ord. of 3-13-73, § I; Ord. of 2-2-82, § 1; Ord. of 9-6-83; Mo. of 5-23-97; Ord. of 7-7-99)
Editor’s note—
A motion of May 23, 1997 provided for establishments bearing Class A and Class B permits to sell alcoholic beverages during the 1997 Fourth of July weekend.
Sec. 3-2. – Proximity to schools, churches, etc.; exceptions.
No alcoholic beverage business shall be conducted within three hundred (300) feet of any church, synagogue, library, school or playground. This section shall not apply to hotels, fraternal organizations and bona fide restaurants as defined in section 3-46(b) of this chapter.
(Ord. of 3-4-68, § I; Ord. of 6-5-84, § 1)
State law reference— Authority, R.S. 26:280C.
Sec. 3-3. – Gallonage tax—Imposed.
By virtue of authority granted by Act 190 of the Louisiana Legislature of 1946, there is hereby levied, in addition to all other excise, license or privilege taxes presently imposed, a tax on all beer, porter, ale, fruit juices and/or wine having an alcoholic content of not less than one-half of one per cent, by volume, of one dollar and fifty cents ($1.50) per standard barrel of thirty-one (31) gallons, or any like rate of any other quantity, or for the fractional parts of such barrel sold for consumption in the parish, within the meaning and intent of the provisions of Act 190 of the Louisiana Legislature of 1946.
(Ord. of 9-3-46)
Sec. 3-4. – Same—Collection.
The tax levied by section 3-3 shall be collected by any and all Louisiana wholesale dealers from their vendees purchasing for consumption in the parish on each sale and shall be remitted by said wholesale dealers to the collector of revenue of the state, for each month, on or before the twentieth day of each succeeding month, respectively, all in accordance with rules and regulations promulgated by the collector of revenue and as provided bysection 19 of Act 190 of 1946.
(Ord. of 9-3-46)
Sec. 3-5. – Same—Penalties for failure to comply with section 3-4.
Failure of the wholesale dealer to collect and remit the tax levied by section 3-3 when due, or failure to pay the tax when due, by a purchaser for consumption in the parish shall, ipso facto, render each of them liable for the amount of taxes found to be due, together with a penalty of twenty (20) per cent of the amount of tax due, plus an additional amount of ten (10) per cent of the tax and penalty, as attorney’s fees if referred to an attorney for collection.
(Ord. of 9-3-46)
Sec. 3-6. – Civil defense evacuations.
Upon the issuance of an evacuation order by the parish civil defense organization due to hurricane or other impending disaster, all persons, firms and corporations holding any liquor, wine or beer license in the area ordered evacuated shall not sell, trade, barter or give any liquor, beer, wine or other alcoholic beverages of any kind, nor permit the consumption of such on their premises, until the cancellation of the evacuation order by the parish civil defense organization.
(Ord. of 9-6-83, § 2)
Sec. 3-7. – Notification of waiver requests.
The jury is about to be informed four (4) months in advance of any waiver requests concerning the liquor law.
(Mo. of 11-7-89)
Editor’s note—
Inclusion of the provisions of a motion adopted Nov. 7, 1989, as § 3-7 was at the discretion of the editor, the motion being nonamendatory of the Code.
Secs. 3-8—3-16. – Reserved.
Sec. 3-17. – Definitions.
For the purposes of this article, the following terms have the respective meanings ascribed to them in this section, except in those instances where the context indicates a different meaning:
Alcoholic beverages means any fluid or any solid capable of being converted into fluid, suitable for human consumption, and containing more than one-half of one (½ of 1) per cent alcohol by volume, including malt, vinous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider or wine.
Beverages of high alcoholic content means alcoholic beverages containing more than six (6) per cent alcohol by volume.
Beverages of low alcoholic content means alcoholic beverages containing not more than six (6) per cent alcohol by volume.
Collector means the Collector of Revenue for Louisiana, or his duly authorized agents.
Handle means sell, use, distribute, store, consume or otherwise handle.
Malt beverages means beverages obtained by alcoholic fermentation of an infusion, or concoction, of barley or other grain, malt and hops in water, including, among other things, ale, beer, stout, porter and the like.
Retail dealer means every person who offers for sale, exposes for sale, has in his possession for sale or distribution, or sells alcoholic beverages in any quantity to persons other than licensed wholesale or retail dealers.
Saloon means a place where any person draws or removes alcoholic beverages in closed containers, prepared for transportation and consumption off the premises.
Wholesale dealer means those persons who sell alcoholic beverages to licensed wholesale dealers or licensed retail dealers within the state or to any person for delivery beyond the borders of the state.
Cross reference— Rules of construction and definitions generally, § 1-1.
Sec. 3-18. – Required.
No person shall do any act for which a permit fee is levied by this article unless he holds the proper state and parish permit. Each day’s business by a wholesaler or retailer without such a valid, unsuspended permit constitutes a separate violation of this article.
Sec. 3-19. – Fees—Amounts.
The following permit fees are hereby levied for permits under this article:
(1)
Pursuant to the provisions of R.S. 26:73, every outlet classified as a Class A retail liquor outlet, pursuant to provisions of R.S. 26:71, sixty-five dollars ($65.00) per year.
(2)
Pursuant to the provisions of R.S. 26:73, every outlet classified as Class B retail liquor outlet, pursuant to provisions of R.S. 26:71, fifty dollars ($50.00) per year.
(3)
Pursuant to the provisions of R.S. 26:273, every person having a Class A retail dealer’s permit, as defined in R.S. 26:271, thirty-five dollars ($35.00) per year.
(4)
Pursuant to the provisions of R.S. 26:273, every person having a Class B retail dealer’s permit, as defined in R.S. 26:271, twenty-five dollars ($25.00) per year.
(Ord. No. BX-2, 1961, § 4, 2-6-61)
Sec. 3-20. – Same—Proration.
In the event a business for which a permit is required by this article shall commence business prior to July first of any year, a whole year’s permit fee shall be paid and collected; if such business shall commence subsequent to July first of any year, one-half of the annual permit fee shall be paid and collected.
Sec. 3-21. – Same—Collection; remittance to parish.
The collector of revenue for the state is hereby requested to collect the permit fees fixed in this article and remit such fees collected by him quarterly to the parish, after deducting two (2) per cent for collection costs.
Sec. 3-22. – Same—Liability of dealers making deliveries.
Any retail liquor dealer making delivery of spirits, wine, beer or other malt liquors, or any retail dealer in malt liquors making delivery of beer or other malt liquors, at places other than the place of business specified on the permit required by this article, except pursuant to prior specific orders therefor received at such place of business, is subject to a separate permit fee as a retail liquor dealer, or retail dealer in fermented malt liquor, as the case may be, at such place where such sales are made. Each such dealer who has paid the tax at one place of business does not incur a further permit fee for a sales of beer or other malt liquors to another such dealer holding a proper tax stamp if the sales are consummated at the place of business where the latter’s tax stamp is held.
Sec. 3-23. – Applications—Generally.
(a)
All applications for permits for new businesses for which a permit is required by this article shall be filed jointly with the police jury and the sheriff of the parish and shall be accompanied by a cashier’s check or money order in the proper amount of the fee for the type of permit applied for payable to the police jury.
(b)
All applications for renewal of a license and permit shall be filed with the president of the police jury’s office on or before the first day of November each year with a remittance in the proper amount for the permit fee accompanying the application.
Sec. 3-24. – Same—Penalties for late filing.
Should any dealer to whom a permit has been issued under this article fail to file his application for renewal of the permit for an ensuing year on or before the first day of November of each year a penalty shall be imposed of twenty-five (25) per cent of the amount due for the permit applied for. If the application for the renewal of a permit is not filed until, on or after January first of the year for which the permit is required, the application may be denied without notice or hearing and the applicant’s right to do business suspended.
Sec. 3-25. – Applicants—Qualifications.
(a)
Each applicant for a permit required by this article shall meet the following qualifications and conditions:
(1)
He shall be a person of good character and reputation and over eighteen (18) years of age.
(2)
He shall be a citizen of the United States and of the State of Louisiana and a resident of the state continuously for a period of not less than two (2) years next preceding the date of the filing of the application. However, the requirements as to Louisiana citizenship do not apply to dealers in beverages of low alcoholic content who have continuously held permits since July 26, 1944, or to dealers in beverages of high alcoholic content who held permits on or prior to January 1, 1946.
(3)
He shall be the owner of the premises or have a bona fide written lease therefor.
(4)
He shall not have been convicted of a felony under the laws of the United States, the State of Louisiana or any other state or country.
(5)
He shall not have been convicted in this state, or in 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 in regard to beverages of high alcoholic content permittees or letting a disorderly place in regard to low alcoholic content permittees, or illegally dealing in narcotics.
(6)
In regard to a dealer in beverages of low alcoholic content, he shall not have had a license or permit to sell or deal in alcoholic beverages issued by the United States, this state or any other state revoked for five (5) years prior to the application, or been convicted or had judgment against him involving alcoholic beverages by this or any other state or by the United States, for five (5) years prior to the application, or in regard to a dealer in beverages of high alcoholic content, he shall not have 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.
(7)
He shall not have been convicted of violating any of the provisions of state law regulating the sale of alcoholic beverages.
(8)
He shall not have been convicted of violation of the provisions of this article.
(9)
He shall not be the spouse of a person who does meet the conditions as specified by R.S. 26:79A(9) in regard to dealers in beverages of high alcoholic content or R.S. 26:279A(10) in regard to dealers in beverages of low alcoholic content.
(b)
If the applicant is a partnership or anyone in partnership with or financed by another, all members of the partnership or all the persons furnishing the money shall also possess the qualifications required of the applicant. The application shall name all partners or financial backers and furnish their proper addresses. In regard to permits for beverages of high alcoholic content, each shall furnish his affidavit showing his qualifications, as required of an applicant.
(c)
If the applicant is a corporation, all officers and directors and all stockholders owning in the aggregate more than five (5) per cent of the stock and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant, which, in the case of permits for beverages of high alcoholic content, shall be shown by the affidavit of each accompanying the application. However, the requirement as to residence does not apply to officers, directors and stockholders of corporations, in the case of permits for beverages of high alcoholic content, if the corporation was the holder of a permit on July 28, 1948, and was such on January 1, 1947. In regard to permits for beverages of low alcoholic content, the requirements as to citizenship and residence do not apply to officers, directors and stockholders of corporations. Also, in the case of a permit for beverages of low alcoholic content, the corporation shall be either organized under the laws of the State of Louisiana or qualified to do business within the State of Louisiana.
(d)
If the applicant’s business is to be conducted wholly or partly by one or more managers, agents, servants, employees or other representatives, such person or persons shall also possess the qualifications required of the applicant.
(e)
If the applicant, or any other person required to have the same qualifications, does not possess the required qualifications, the permit shall be denied.
Sec. 3-26. – Same—Investigation.
The sheriff of the parish is hereby authorized to fully investigate the qualifications of all applicants for permits under this article, and, in connection therewith, is authorized and empowered to fingerprint all applicants and employees of applicants seeking permits for a class A retail dealer business in order to ascertain the prior criminal record of such persons and their true age.
Sec. 3-27. – Recommendation of sheriff prerequisite to issuance.
Recommendation of such by the sheriff of the parish shall be a prerequisite to issuance of any permit required by this article.
Sec. 3-28. – Grant or denial within discretion of police jury.
The granting or denial of a permit required by this article is within the discretion of the police jury.
Sec. 3-29. – Grounds for denial.
In addition to any other causes enumerated in this article, the police jury may deny any application for a new or renewal permit required by this article, as the case may be, for any one of the following causes:
(1)
If the holder of a permit to sell alcoholic beverages or any of the persons who must possess the same qualifications fails to possess the qualifications required in section 3-25 of this article.
(2)
If the permit is to be granted to any person who is or has been engaged in an alcoholic beverage business with a person whose application for a permit has been denied or whose permit has been revoked.
(3)
If there was any misstatement or suppression of fact in the application for the permit.
(4)
If, without a proper permit, a retailer allows any person to consume any alcoholic beverage on the permit premises or on any parking lot or open or closed space within or contiguous to the permit premises.
(5)
If any dealer or any person described in section 3-25(b) of this article violates or has violated any provision of this article.
(6)
If any dealer fails to pay any excise taxes due by any regulated business to the state or to any parish or municipality.
(Ord. of 7-7-99)
Sec. 3-30. – Issuance to be for fixed locations only; sale of beverages from movable places of business prohibited.
(a)
No applications for permits required by this article shall be approved unless the same are to be utilized at a fixed described location.
(b)
It shall be unlawful to sell beer or intoxicating liquors from a movable place of business.
(Ord. of 7-1-69, §§ I, II)
Sec. 3-31. – Display.
Each permit issued under this article shall be prominently displayed by the licensee in his place of business so as to be easily seen and read by the public.
Sec. 3-32. – Transferability.
Permits issued under this article are not assignable or heritable.
Sec. 3-33. – Change in location of business to be noted on permit.
Where the location of a business for which a permit has been issued under this article is changed, the change shall be noted on the permit by the issuing authority.
Sec. 3-34. – Suspension or revocation.
Conviction of a violation of any of the provisions of this article shall be grounds for the suspension or revocation of a permit required by this article.
Sec. 3-35. – Term.
Permits issued under this article are good only from the time of issuance to December thirty-first of the year for which they are issued, unless sooner suspended or revoked.
Sec. 3-36. – Prohibited acts of retail permittees.
No person holding a retail dealer’s permit under this article, and no servant, agent or employee of the permittee shall commit any of the following acts upon the permit premises:
(a)
Sell or serve alcoholic beverages to any person under the age of twenty-one (21) years, unless such person submits a driver’s license, selective service card or other lawful identification which, on its face, establishes the age of the person as twenty-one (21) years or older and there is no reason to doubt the authenticity or correctness of the identification.
(b)
Sell or serve alcoholic beverages to any intoxicated person.
(c)
Intentionally entice, aid or permit any person under the age of eighteen (18) years to visit or loiter in or about any place where alcoholic beverages are the principal commodity sold, handled or given away.
(d)
Permit any prostitute to frequent the permit premises, or to solicit patrons for prostitution on such premises.
(e)
Permit any disturbance of the peace or obscenity, or any lewd, immoral or improper entertainment, conduct or practices on the permit premises.
(1)
Attire and conduct. The following acts or conduct on licensed premises are deemed to constitute lewd, immoral or improper entertainment as prohibited by this section and therefore no on-sale permit for beverages of high or low alcoholic content shall be held at any premises where such conduct or acts are permitted:
a.
To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the public hair, anus, cleft of the buttocks, vulva or genitals.
b.
To employ or use the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subparagraph (1)a. above.
c.
To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.
d.
To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
(2)
Entertainers and conduct. Acts or conduct on licensed premises in violation of this section are deemed to constitute lewd, immoral or improper entertainment as prohibited by this section and therefore no on-sale permit for beverages of high or low alcoholic content shall be held at any premises where such conduct and acts are permitted.
Live entertainment is permitted on any licensed premises, except that:
a.
No permittee shall permit any person to perform acts of or acts which simulate:
1.
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
2.
The touching, caressing or fondling of the breast, buttocks, anus or genitals.
3.
The displaying of the pubic hair, anus, vulva, genitals, or nipple of the female breast.
b.
Subject to the provisions of subparagraph (2)a. hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least eighteen (18) inches above the immediate floor level and removed at least three (3) feet from the nearest patron.
No permittee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above.
(3)
Visual displays. The following acts or conduct on licensed premises are deemed to constitute lewd, immoral or improper entertainment as prohibited by this section and therefore no on-sale permit for beverages of high or low alcoholic content shall be held at any premises where such conduct or acts are permitted:
The showing of film, still pictures, electronic reproduction, or other visual reproductions depicting:
a.
Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
b.
Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.
c.
Scenes wherein a person displays the vulva or the anus or the genitals.
d.
Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.
(f)
Sell, offer for sale, possess or permit the consumption on the permit premises of any kind or type of alcoholic beverages, the sale or possession of which is not authorized under his permit.
(g)
Intentionally conduct illegal gambling, as defined by law, on the premises described in the application for the permit.
(h)
Employ or permit females, commonly known as “B Girls” to frequent the premises and solicit patrons for drinks or to accept drinks from patrons and receive therefor any commission or any remuneration in any other way.
(i)
Employ anyone under eighteen (18) years of age when the sale of alcoholic beverages constitutes the main business. If alcoholic beverages do not constitute the main business, an employee under eighteen (18) years of age shall not handle or work with alcoholic beverages.
(j)
Fail to keep the permit premises well lighted and all outside windows and doors open to view from the sidewalk or outside.
(k)
Fail to keep the permit premises clean and sanitary.
(l)
Allow the sale, dispensing or distribution of beverages of low alcoholic content in any type of automatic mechanical vending machine activated by the use of a coin, token or similar instrument. The provisions of this paragraph shall not apply to establishments exempt from holding permits under this chapter.
(m)
Permit the playing of pool or billiards by any person under eighteen (18) years of age, or permit such a person to frequent the licensed premises operating a pool or billiard hall.
(n)
Illegally sell, offer for sale, possess or permit the consumption on or about the licensed premises of any kind or type of narcotics or habit forming drugs.
(o)
Accept food stamp coupons as payment for alcoholic beverages in violation of the provisions of Public Law 88—525 and Regulation 1600.2(i) issued pursuant to that section of the federal statute by the United States secretary of agriculture.
(Ord. of 5-5-08(2))
Sec. 3-37. – Penalties.
Any person convicted of a violation of provisions of this article shall be guilty of a misdemeanor and upon conviction shall be subject to punishment as provided in section 1-4 of this Code of Ordinances, and such conviction shall be grounds for revocation or suspension of a violator’s permit, which permit may be revoked according to the laws of this state.
Secs. 3-38—3-45. – Reserved.
Sec. 3-46. – Exceptions to section 3-1 and 3-2; restaurant endorsement permit.
(a)
Application. All applications for restaurant endorsement permits, whether new or renewal, shall be in writing, 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 to the sheriff of the parish for approval.
(b)
Definition. A “restaurant endorsement permit” shall be an endorsement issued in permit form by the sheriff of the parish upon his finding that an applicant therefore is operating a bona fide restaurant, by finding that applicant has met proper and applicable health standards; and by finding at least sixty (60) per cent of the applicant’s sales volume from the said restaurant are from the sale of food and nonalcoholic beverages. Said restaurant endorsement permit shall be separate and apart from and in addition to any other permits and/or licenses which may be required or issued under this Code.
(c)
Term. The restaurant endorsement permits thus issued shall be effective for periods running concurrently with the firm’s applicable parish occupational license and shall be renewable at the same time that occupational licenses are renewable.
(d)
Fee. A fee of twenty-five dollars ($25.00) shall be paid with each application for a restaurant endorsement permit, which fee shall be in addition to any other fees required under the provisions of this Code.
(Ord. of 10-6-03(2))
Sec. 3-46.1. – Special event permit.
(a)
Religious, charitable, fraternal, civic, veteran and other nonprofit organizations, which are nonprofit organizations, may be allowed to sell beer by special permit issued by the parish police jury.
(b)
Such permits shall be temporary permits issued for one day only and each applicant for such permit shall be required to verify its status as a religious, charitable, fraternal, civic, veteran or other nonprofit organizations to the parish police jury.
(c)
The granting or denial of such temporary permits shall be solely within the discretion of the parish police jury, but such permits shall not be denied arbitrarily.
(Ord. of 10-6-03(2))
FOOTNOTE(S):
(3) State Law reference— State permit required, R.S. 26:71; local authority to require permit and fees for beverages exceeding six (6) per cent alcohol, R.S. 26:73; authority to require permits and fees from dealers in beverages exceeding one-half of one (½ of 1) per cent but not more than six (6) per cent alcohol, R.S. 26:273; authority to regulate sale of alcoholic beverages exceeding one-half of one (½ of 1) per cent alcohol. R.S. 26:494. (Back)
