Sec. 6-11. – Public nuisances in the City of Lafayette; factors to be considered; procedure to abate; penalty and revocation.

(a)   It shall be unlawful for any permittee’s establishment, place of business, and/or premises to become a public nuisance and against the public good and welfare of the community. Any combination of the following activities that total to 12 points within any 12 consecutive month period shall be considered a public nuisance. The following points shall be assigned to each specified activity:

(1)   High violent crime activity: Arrests wherein any person sustained a physical injury on the premises of the establishment; or wherein any person sustained a physical injury from activities arising out of the premises of the establishment. Four points.

(2)   Drug-related activity: Arrests for any violation of any provision of the Louisiana Uniform Controlled Dangerous Substance Act, La. R.S. 40:961, et seq., on the premises of the establishment; or for activities arising out of the premises of the establishment. Four points.

(3)   Prostitution-related activity: Arrests for prostitution or solicitation for prostitution or any related provisions of the Louisiana Criminal Code, La. R.S. 14:82, et seq., or any corresponding city or parish ordinance on the premises of the establishment; or for activities arising out of the premises of the establishment. Four points.

(4)   Nudity-related activity: Any violation of Section 6-73 of this chapter. Four points.

(5)   Disturbance-related activity:

1. Arrests and/or citations arising out of disturbances from the premises of the establishment. Two points.
2. Arrests and/or citations arising out of disturbances from the premises of the establishment to residents of normal sensitivities living in any neighborhood adjacent to the premises of the establishment. Three points.
3. In evaluating the points assessed against a permittee for a violation of subsections 6-11(a)(5)a or b, the director may, in his sole discretion, reduce points by up to one-half of the prescribed points if the permittee demonstrates, to the satisfaction of the director, that the permittee maintained security at the premises by a commissioned law enforcement officer at the time of the incident giving rise to the assignment of points.

(b)   Whenever any evidence is presented to the director indicating that a permitted establishment may have become a public nuisance, the director shall investigate the police records of the appropriate law enforcement agency or agencies. If this investigation shows that the permitted business has more likely than not become a public nuisance after considering the foregoing factors, the director shall initiate an informal hearing as described in section 6-4

(c)   The director shall, in accordance with this chapter, revoke the permit issued to any permitted establishment that has become a public nuisance. Any permit that has been revoked in accordance with this chapter shall not be re-issued or renewed for a period of 24 months.

(d)   Before any permit is revoked pursuant to this section, the permittee shall be entitled to the hearing procedure specified in section 6-4

(e)   Upon surrender of a permit covering an establishment, place of business or premises that has accumulated a total of six points within a 12-month period, no permit covering that same establishment, place of business or premises shall be issued for a period for six months from the date of surrender.

(f)    In addition to all other requirements in this chapter, no person who has held a permit which is revoked pursuant to this chapter may apply for another permit for the same or a different premises for a period of 24 months from the date of revocation unless, at the time of such application, such person meets all of the qualifications and conditions prescribed in La. R.S. 26:80 and La. R.S. 26:280, as currently written or revised in the future.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-12. – Sales by manufacturers or wholesalers to unpermitted retail dealers.

It shall be unlawful for any manufacturer or wholesale dealer to sell or offer for sale any alcoholic beverages to any retail dealer, or any other person, for the purpose of retail sales, when the retail dealer does not have the permits required by this chapter.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-14. – Prohibition of removal of open alcoholic beverage containers from premises and public possession and/or consumption of alcoholic beverages in the Downtown District and the Simcoe-Surrey Street Corridor, and in the McKinley Street Area.

(a)   For purposes of this section only, the term, “Downtown District and Simcoe-Surrey Street Corridor,” shall mean the geographical area described, as follows:

Beginning at the point of the northeastern right-of-way line of East Simcoe Street and the southeastern right-of-way line of 12th Street; thence southwest along said southern right-of-way line of 12th Street to the point of its intersection with the southern right-of-way of Surrey Street; thence northwest along said southern right-of-way line of Surrey Street to the point of its intersection with the southern right-of-way line of Louisiana Avenue; thence southwest along said southern right-of-way line of Louisiana Avenue to the point of its intersection with the southern right-of-way line of Johnston Street; thence southwest along said southern right-of-way line of Johnston Street to the point of its intersection with the western right-of-way line of Garfield Street; thence southeast along said western right-of-way line of Garfield Street to the point of its intersection with the southern right-of-way of Gordon Street; thence southwest along said southern right-of-way of Gordon Street to the point of its intersection with the eastern right-of way line of East University Avenue; thence northerly along said eastern right-of-way line of East University Avenue to the point of its intersection with the northern right-of-way of Johnston Street; thence southwest along said northern right-of-way line of Johnston Street to the point of its intersection with the northerly right-of-way line of Brashear Street; thence northwest along said northerly right-of-way line of Brashear Street to the point of its intersection with the northern right-of-way line of St. Landry Street; thence southwest along said northern right-of-way line of St. Landry Street to the point of its intersection with the centerline of West St. Mary Boulevard; thence proceeding northern on West St. Mary Boulevard with the centerline of Parkside Drive; thence north along said centerline Parkside Drive to the point of its intersection with the centerline of Iris Lane; thence northwest along said centerline of Iris Lane to the point of its intersection with the centerline of Souvenir Gate, thence southwest along said centerline of Souvenir Gate to the point of its intersection with the centerline of Jasmine Street; thence northwest along said centerline of Jasmine Street to the point of its intersection with the northern right-of-way of West Congress Street; thence east along said northern right-of-way line of West Congress Street to the point of its intersection with the western high bank of St. John Coulee; thence north along said western high bank of St. John Coulee to the point of its intersection with the northern right-of-way line of West Simcoe Street to the point of its intersection with the northern right-of-way line of East Simcoe Street; thence easterly along the northern right-of-way line of East Simcoe Street to the point of intersection with the southeastern right-of-way line of 12th Street to the point of beginning.

(b)   “McKinley Street Area” shall mean the geographical area in the City of Lafayette described as being bounded by Jefferson Street, Lamar Street, General Mouton Avenue and Roosevelt Street, inclusive of Cleveland Street and McKinley Street within such described area.

(c)   No person, whether patron, customer or employee, whether knowingly or unknowingly, shall remove any open alcoholic beverage container of any type from the premises of a permittee in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, except as provided herein. Violators of this subsection shall be subject to a fine and/or imprisonment as set forth in section 1-9 of the Code.

(d)   All permittees of any premises located in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area shall post a conspicuous notice inside the premises as well as by each public exit stating that it is illegal to remove any open alcoholic beverage container of any type from its premises. The notice sign shall not be less than 36-point type and shall read “CITY-PARISH ORDINANCE PROHIBITS THE REMOVAL OF ANY OPEN ALCOHOLIC BEVERAGE CONTAINER OF ANY TYPE FROM THIS PREMISES.”

(e)   No person shall engage in the public possession of any open alcoholic beverage container in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, except as provided herein. Violators of this subsection shall be subject to a fine and/or imprisonment as set forth in section 1-9 of the Code.

(f)    No person shall engage in the consumption of any alcoholic beverage sold or dispensed from any premises in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, except within such premises or as provided herein. Violators of this subsection shall be subject to a fine and/or imprisonment as set forth in section 1-9 of the Code.

(g)   Any participant or patron who is participating in special events, as defined herein, that take place in the Downtown District and Simcoe-Surrey Street Corridor, and in the McKinley Street Area, is exempt from the provisions of this section during such event. For the purpose of this provision, special events shall mean organized community events and festivals sponsored and/or produced by governmental or non-profit organizations that are of general public interest and are open to public attendance, including, but not limited to Mardi Gras Parades, Festival International, the Downtown Alive and Artwalk series, Festivals Acadiens et Creole, and Symphony Concerts. The Lafayette City-Parish President or his designee shall be authorized to grant a special exemption from the provisions of this section for a specified event or activity not listed herein upon application of the promoter or sponsor of such event on a form prescribed by the city-parish president, provided that the promoter or sponsor shall bear any costs or expenses associated with the public dissemination of the granting of such special exemption. Exemption under this section shall begin at the start of the event and terminate at the end of the event.

(h)   Any person who holds a restaurant sidewalk café permit pursuant to chapter 78, article VII of this Code, shall be permitted to serve alcoholic beverages in an open alcoholic beverage container, provided that such alcoholic beverages may only be consumed on the premises of such permittee and may not be removed from such premises.

(Ord. No. O-240-2010, § 2, 11-2-10)

Sec. 6-36. – Location restrictions; non-conforming status.

(a)   City of Lafayette. This subsection applies only in the city.

(1)   No permit to sell, serve, and/or dispense alcoholic beverages shall be issued for any establishment located within a distance of 300 feet of any school, public library or public playgrounds except business colleges, business schools, or the University of Louisiana, at Lafayette. Such distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the public library, public playground, or applicable school, to the nearest point of the building or the part of the building to be licensed. No permit to sell alcoholic beverages shall be issued for any establishment located within a distance of 175 feet of any church or synagogue; such distances shall be measured in the same manner as is provided for schools.

1. Waiver of distance requirements for restaurant establishments. For purposes of this section, a restaurant establishment shall be defined as an establishment:
2. Which operates a place of business whose purpose and primary function is to take orders for and serve food and food items;
3. Which serves alcoholic beverages in conjunction with meals;
4. Which serves food on all days of operations;
5. Which maintains separate sales figures for alcoholic beverages; and
6. Which operates a fully equipped kitchen used for the preparation of uncooked food for service and consumption of such food on the premises. With reference to a restaurant establishment, not withstanding the provisions of subsection (a), where the organization operating a church, synagogue, public library, school or playground, agrees in writing to waive opposition to the issuance of a permit for an applicant whose restaurant establishment if located within the distances set forth in subsection (a) from the church, synagogue, public library, school or playground, such distance requirements may be waived by resolution of the council.
7. Any permit issued under this section wherein the distance requirements have been waived by a resolution of the council is not assignable or transferable in any fashion. In the event that the restaurant establishment and/or its ownership is transferred or in the event that the restaurant establishment is closed, any permit issued under this section is deemed voided and will no longer be of any force or effect. However, in the event of a dissolution of a partnership by the death of a partner, the surviving partners may operate under the partnership permit.

(2)   Any premises which has been permitted and/or licensed to deal in alcoholic beverages prior to the establishment of a school, public library, public playground church, or synagogue within the distance prohibited by subsection (a)(1) above, shall have nonconforming use status and may maintain its permit and have new or renewal permits issued. However if any such premises closes, as defined in section 6-1, or fails to maintain a valid permit for a period in excess of 180 consecutive days, said premises shall not be entitled to the nonconforming use status and shall not be issued new or renewal permits.

(3)   The prohibitions in this section do not apply to any premises which are maintained as a bona fide hotel.

(4)   Subject expressly to the last paragraph hereof, the prohibitions in this section shall not apply to premises which are maintained as a bona fide restaurant establishment [as defined in subsection (a)(1) hereof] enfronting Jefferson Street and located in the Central Business Zoning District (CBD) in the City of Lafayette, applying for a Class A Restaurant (AR) permit issued only to restaurant establishments as defined by the Lafayette Comprehensive Zoning Ordinance and issued in conjunction with the Class “R” restaurant permit in an area which was zoned commercial or industrial for a period of one year or longer prior to the location of the restaurant and on which a commercial enterprise has operated.

In order to avail itself of the exemption specified in this subsection (a)(4), a person must make application for a waiver of the distance requirements set forth in subsection (a)(1) hereof to the council in which application it is affirmatively shown that notice of such application for waiver is or has been provided to any organization operating a church, synagogue, public library, school or playground described in subsection (a)(1) hereof. The council may grant the waiver by resolution only if all of the following conditions are met by the applicant, to-wit:

1. No sale or other dispensing of alcohol may occur on the premises of the restaurant establishment between 11:00 p.m. and 10:00 a.m.;
2. No live entertainment may be held on the premises of the restaurant establishment;
3. No alcohol allowed out of premises of the restaurant establishment; and/or
4. The restaurant establishment shall gross not less than 60 percent of its average monthly sales from the retail sale of food or food items that are prepared for service and consumption on the premises of the restaurant establishment.

(b)   Unincorporated areas. The following provisions apply only in unincorporated areas of the parish:

(1)   Beverages of high alcoholic content. Except as otherwise provided by state law, no permit required by the provisions of this article for beverages of high alcoholic content shall be granted for any business located within 500 feet of a church, synagogue, public library, school or playground. The measurement of this distance shall be made as a person walks using the sidewalk from the nearest point of the property line of the church or synagogue, library, playground or school to the nearest point of the premises for which the license is sought.

(2)   Beverages of low alcoholic content. Except as otherwise provided by state law, no permit required by the provisions of this article for beverages of low alcoholic content shall be granted for any business located within 300 feet of a public playground or 500 feet of a building used exclusively as a church or synagogue, public library or school, except a school for business education conducted as a business college or school. In undeveloped rural areas the distance shall be measured in a straight line from the nearest point to the nearest point of the respective premises. This distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the church or synagogue, library, playground or school to the nearest point of the premises for which the license is sought.

(3)   Waivers. Notwithstanding the provisions of subsections (b)(1) and (2) of this section, where the organization operating a church, synagogue, public library, school or playground agrees in writing to waive opposition to the issuance of a permit to an applicant whose business is located within the distances set forth in subsections (b)(1) and (2) from the church, synagogue, public library, school or playground, such distance requirements may be waived by resolution of the council.

(Ord. No. O-180-2005, § 2, 7-26-05; Ord. No. O-196-2007, § 1, 9-4-2007)

Sec. 6-92. – Sales generally.

The sale of alcoholic beverages, whether of more or less than six percent of alcohol by volume, is permitted every day except as provided, restricted or prohibited in this division.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-93. – Exception when holiday falls on Sunday.

If a holiday, as defined in this section, falls on Sunday, the Sunday and Monday prohibitions established in sections 6-94 and 6-95 shall apply, except that the selling or dispensing of beverages with high and/or low alcoholic content for on-the-premises or off-the-premises consumption is only prohibited after 2:00 a.m. on the Monday immediately following the holiday. The consumption of any alcohol on the premises is prohibited after 2:30 a.m. on the Monday immediately following the holiday. No one shall remain on the premises after 2:30 a.m. on the Monday immediately following the holiday, except permit holders, paid employees and contractual service workers. For purposes of this section, the term “holiday” shall be defined as New Year’s Eve (December 31) and the Fourth of July (July 4).

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-94. – Sale, consumption and closing hours at establishments licensed for on-premises consumption.

(a)   It is hereby prohibited for outlets to sell or dispense beverages with high and/or low alcoholic content for on-the-premises consumption between the hours of 2:00 a.m. and 11:00 a.m. on Sundays, between the hours of 12:00 midnight and 6:00 a.m. on Mondays, and between the hours of 2:00 a.m. and 6:00 a.m. on Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays. The consumption of any alcohol on such premises is prohibited after 12:30 a.m. on Mondays and after 2:30 a.m. on all other days of the week.

(b)   No person shall be allowed to remain on the premises after 12:30 a.m. Monday and 2:30 a.m. on all the other days of the week except permit holders, paid employees and contractual service workers. Any and all individuals must leave such premises and remain off such premises continuously. The prohibitions contained in this subsection do not apply to bowling alleys or bowling lanes.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-95. – Sale for off-premises consumption.

(a)   Beverages of high alcoholic content. It is prohibited for package houses to sell or dispense beverages with high alcoholic content for off-the-premises consumption between the hours of 2:00 a.m. and 11:00 a.m. on Sundays, between the hours of 12:00 midnight and 6:00 a.m. on Mondays, and between the hours of 2:00 a.m. and 6:00 a.m. on Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays.

(b)   Beverages of low alcoholic content. It is prohibited for package houses to sell or dispense beverages with low alcoholic content for off-the-premises consumption between the hours of 12:00 midnight and 6:00 a.m. on Mondays and between the hours of 2:00 a.m. and 6:00 a.m. on Tuesdays, Wednesdays, Thursdays, Fridays, Saturdays and Sundays.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-96. – Re-opening hours.

Any outlet where alcoholic beverages are the principal commodities sold or handled shall be allowed to re-open to the public at 6:00 a.m. all days of the week. At no time shall any alcoholic beverage be allowed to be sold, dispensed or consumed outside of the hours prescribed in section 6-94.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-112. – Sales generally; exception for New Year’s Eve.

The sale of any alcoholic beverages, whether of more or less than six percent of alcohol by volume, is permitted every day except as provided, restricted or prohibited in this division. The prohibitions, exceptions and restrictions set out in this division shall have no application to those days upon which falls New Year’s Eve from 6:00 p.m. thereof to 2:00 a.m. of the following day.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-112. – Sales generally; exception for New Year’s Eve.

The sale of any alcoholic beverages, whether of more or less than six percent of alcohol by volume, is permitted every day except as provided, restricted or prohibited in this division. The prohibitions, exceptions and restrictions set out in this division shall have no application to those days upon which falls New Year’s Eve from 6:00 p.m. thereof to 2:00 a.m. of the following day.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-117. – Sale of beverages of low alcoholic content for off-premises consumption.

It is prohibited for package houses and supermarkets to sell or dispense beverages of low alcoholic content for off-the-premises consumption between the hours of 12:00 midnight and 6:00 a.m. on Mondays, and between the hours of 2:00 a.m. and 6:00 a.m. on Tuesdays, Wednesdays, Thursdays, Fridays, Saturdays and Sundays.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-118. – Consumption at public establishments or places of public entertainment.

The consumption of alcoholic beverages, in any public establishment, between the hours of 2:30 a.m. and 6:00 a.m., is prohibited. It shall be unlawful for any house of public entertainment, as provided in La. R.S. 33:1236(6), or the holder of an occupational retail license, or his employees or agents, to permit consumption of alcoholic beverages at their establishment or place of business between the hours of 2:30 a.m. and 6:00 a.m. on any day.

(Ord. No. O-180-2005, § 2, 7-26-05)

Sec. 6-119. – Closing hours.

Any establishment where alcoholic beverages are the principal commodities sold or handled shall close and remain closed continuously between the hours of 2:30 a.m. Sunday and 6:00 a.m. Monday, and between the hours of 2:30 a.m. and 6:00 a.m. on Tuesday, Wednesday, Thursday, Friday and Saturday. This section includes, but is not limited to, the bar or cocktail lounge portion of any hotel and/or motel and/or restaurant.

(Ord. No. O-180-2005, § 2, 7-26-05)

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Sec. 14:9. – Location of alcoholic beverage businesses, additional restrictions; exemptions.

The mayor and board of aldermen of the City of Westwego shall not issue any new liquor licenses to any applicant for the purpose of operating a bar or lounge within two thousand (2,000) feet of any existing bar or lounge, except that liquor licenses shall be issued to new applicants where there existed a liquor license issued the previous year to said bar or lounge. This section shall not apply to existing establishments for which a license has been previously issued.

(Ord. No. 662, § 1, 2-14-66; Mo. of 4-11-66)

Sec. 14:50. – Bartender, barmaid registration required.

It shall be unlawful for any person to work as a bartender or barmaid in any barroom, tavern, club, or other establishment where alcoholic beverages are sold and consumed on the premises without first registering with the chief of police of the City of Westwego.

(Ord. No. 656, § 1, 11-18-65)

Cross reference— Additional regulations governing employees of alcoholic beverage businesses, § 10:200 et seq.

Sec. 14:51. – Registration of bartenders, barmaids.

Registration as a bartender or barmaid shall be made on forms furnished by the city and filed with the chief of police. A fee of two dollars ($2.00) shall be charged.

(Ord. No. 656, §§ 1, 2, 11-18-65)

Sec. 14:75. – Alcoholic beverage licensees exempted from general state Sunday closing laws.

Any and all businesses, persons or firms licensed to and selling, serving or dispensing alcoholic beverages are exempt from complying with the provisions of R.S. 51:191 and 51:192, relative to selling alcoholic beverages on Sunday; and said establishments may sell alcoholic beverages at any time not specifically prohibited by law.

(Ord. No. 803, § 1, 11-8-76)

State law reference— General state Sunday closing laws, R.S. 51:191, 51:192.

Sec. 14:78. – Prohibition on selling, purchasing or consuming alcoholic beverages near a church and/or place of worship, school or playground.

(a)

Definitions.

Church/place of worship shall mean any structure utilized or attached to a structure utilized in religious worship.

Person shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

 

Sec. 3-23.1. Certificate of qualifications (ABO employee card).

(a)    Required.

(1)    Every alcoholic beverage handling employee shall obtain a certificate of qualifications or ABO employee card prior to entering into employment on an alcoholic beverage permit holder’s premises.

(2)    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.

(3)    Violation of this section is punishable as provided in section 1-9 of this Code.

(b)   Responsibility of alcoholic beverage permittees.

(1)    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.

(c)    Qualifications of applicants. An applicant for an ABO employee card shall meet the following qualifications and conditions:

(1)    He must be a person of good character and reputation and eighteen (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. Violation of this subpart is punishable as provided in section 1-9 of this Code.

(9)    The applicant may submit either a background check or a notarized affidavit supplied by the Department of Inspection and Code Enforcement attesting to his/her character and fitness required under subpart (c) of this section.

(d)   Issuance or denial. The mayor or his designee is hereby authorized to issue, without delay, an ABO employee card, in his discretion, he finds the applicant to be qualified or may deny the application.

(e)    Hearing and appeal when application for permit is denied. The applicant may appeal within ten (10) days of such denial to the Council for a hearing on such denial for the city council to determine if such denial is justified in the exercise of its reasonable and sound discretion.

(f)    Term. All ABO employee cards shall be issued for a term of two (2) years and shall expire on the anniversary of the date issued. All applications for renewal may be made within thirty (30) days of the expiration of the old card.

(g)   Valid on premises of any permit holder, exception. An ABO card shall be good and valid for use on the premises of any alcoholic beverage permit holder’s premises in the City of Kenner. Each alcoholic beverage permit holder shall maintain a current written list of all ABO employees with their addresses on forms made available by the Department of Inspection and Code Enforcement; and shall make the list available for inspection when requested by an authorized individual.

(Ord. No. 10,211, § 5, 3-3-11; Ord. No. 10,232, § 2, 5-19-11)

Jefferson Parish, Louisiana, was established in 1825 and named after President Thomas Jefferson. The parish was originally settled by French and Spanish settlers, and the area was a hub for sugar and cotton production in the 19th century. During the Civil War, Jefferson Parish was occupied by Union forces and played a significant role in the defense of New Orleans. In the 20th century, Jefferson Parish experienced significant growth and development, particularly in the suburban areas surrounding New Orleans. Today, Jefferson Parish is a diverse and thriving community, known for its strong economy, excellent schools, and rich cultural heritage.

Sec. 4-18. Limitations on location.

(a)    No permit shall be granted under this article for any premises situated within three hundred (300) feet or less distance of a building occupied exclusively as a church or synagogue or public library or public playground or school, except school for business education conducted as a business college or school. The limitations of this subsection shall not apply to any premises which are maintained as a bona fide hotel, motel, railroad car or fraternal organization, or restaurants not maintaining a service bar and selling beer only for consumption on the premises; there is further excepted from the provisions of this subsection booster clubs selling beverages of low alcoholic content in accordance with the provisions of section 4-2.5, as amended; however, the sale of alcoholic beverages in packages only, to be taken off the premises, shall be permitted from premises located within three hundred (300) feet or less of a building occupied exclusively as a church or synagogue or public library or public playground or school; provided, however, that in no event shall the permittee allow the consumption of the alcoholic beverages in, on or about the premises wherein the packaged alcoholic beverages are sold. For permits for beverages of high alcoholic content, the measurement of this distance shall be made from the nearest point of the property line of the church, synagogue, library, playground or school to the nearest point of the property line of the premises to be licensed; for permits for beverages of low alcoholic content, this distance shall be measured, as a person walks using the sidewalk from the nearest point of the property line of the church or synagogue, library, playground or school to the nearest point of the premises to be licensed.

(b)   The place of business shall not be in a zoned area designating boundaries provided by parish ordinance and adopted pursuant to the zoning laws of this state.

(c)    No premises or portion thereof which becomes or remains vacant for a continuous period of six (6) months or which has an interruption of the continuity of business for a period in excess of six (6) months shall reopen for business or again be used as a premises to be licensed except in conformity with the restrictions and requirements of distance set forth above.

(Code 1961, § 3-10; Ord. No. 16603, § 1, 9-11-85; Ord. No. 17016, § I, 9-10-86; Ord. No. 17419, § I, 1-13-88)

State law reference— Similar provisions, R.S. 26:81, R.S. 26:281.

ARTICLE III. CERTIFICATE TO DISPENSE BEVERAGES

Sec. 4-46. Required.

Sec. 4-47. Exemptions.

Sec. 4-48. Qualifications.

Sec. 4-49. Application.

Sec. 4-50. Photographs and fingerprints.

Sec. 4-51. Temporary certificate.

Sec. 4-52. Issuance upon failure of council to act.

Sec. 4-53. Denial.

Sec. 4-54. Issuance.

Sec. 4-55. Authority of certificate holder.

Sec. 4-56. Display.

Sec. 4-57. Expirations, renewal.

Sec. 4-58. Violations; time to correct.

Sec. 4-59. Denial, suspension or revocation.

Sec. 4-60. Fees.

Sec. 4-46. Required.

(a)    No person shall dispense alcoholic beverages of low or high alcoholic content in any business licensed under the ordinances of the parish for on the premises consumption, without having been certified or qualified to do so by the parish council, and without having complied with the provisions of this article.

(b)   However, the holder of a permit to sell alcoholic beverages at a particular establishment may dispense alcoholic beverages at that establishment without having a certificate of qualification required by this article.

(c)    Employees hired to dispense alcoholic beverages shall be required to secure a certificate of qualification immediately prior to their employment as such.

(d)   No person holding a permit to sell alcoholic beverages for on the premises consumption, and no agent, associate, employee or representative of any such holder of a permit, shall employ or retail anyone who has failed or refused to obtain a certificate of qualification as required by this article.

(Code 1961, § 3-21.2(a), (g), (l))

Sec. 4-47. Exemptions.

Notwithstanding anything contained in this section to the contrary, there is hereby expressly excluded from this article those persons who are employed in places of business whose main or principal business activity is that of serving food, which shall include both restaurants and cafeterias; this provision shall not apply to barmaids, bartenders, cocktail waitresses for those persons whose main business activity is that of serving alcoholic beverages.

(Code 1961, § 3-21.2(r))

Sec. 4-48. Qualifications.

Each applicant for a certificate of qualification to dispense alcoholic beverages shall possess the qualifications as contained in sections 4-17 and 4-18.

(Code 1961, § 3-21.2(d))

Sec. 4-49. Application.

(a)    The application for a certificate of qualification shall be in writing and shall contain the following information:

(1)    The full name, sex, date and place of birth, and the marital status of applicant, social security number and driver’s license number if any;

(2)    The correct address of applicant;

(3)    The name of the place of business of present employment, the name of employer and the correct address of the place of employment;

(4)    Name, correct address and the period of employment of the last two (2) places of employment.

(b)   The application shall also include a statement that the applicant possesses the qualifications set forth in sections 4-17 and 4-18

(Code 1961, § 3-21.2(e))

Sec. 4-50. Photographs and fingerprints.

Each applicant having a certificate of qualification to dispense alcoholic beverages in a place licensed for on the premises consumption shall be photographed and fingerprinted by the sheriff’s office.

(Code 1961, § 3-21.2(b))

Sec. 4-51. Temporary certificate.

The sheriff shall issue a temporary certificate of qualification immediately upon receipt of any application for a certificate of qualification properly executed upon payment of the fee, provided however, that the certificate shall be probationary only and subject to final action by the parish council.

(Code 1961, § 3-21.2(h))

Sec. 4-52. Issuance upon failure of council to act.

If the parish council fails to act upon any application for a certificate of qualification within sixty (60) days from date of filing the application, properly executed, the applicant shall be entitled to a certificate of qualification, which shall be valid for a period of tune as herein set forth, subject to suspension or revocation for any of the causes as herein set forth.

(Code 1961, § 3-21.2(i))

Sec. 4-53. Denial.

The parish council may refuse-to issue a certificate of qualification to dispense alcoholic beverages to any person who lacks any of the qualifications set forth in sections 4-17 and 4-18 or in the interest of the public health, safety and morals.

(Code 1961, § 3-21.2(n)

Sec. 4-54. Issuance.

The sheriff shall issue a certificate of qualification to each applicant whose application has been approved by the parish council, upon payment of the fee provided in section 4-60 below.

(Code 1961, § 3-21.2(c); Ord. No. 16140, § 2, 8-8-84)

Sec. 4-55. Authority of certificate holder.

(a)    Any person over the age of eighteen (18) years legally possessing a certificate of qualification may be designated as a manager of any alcoholic beverage outlet.

(b)   Any person legally possessing a certificate of qualification may dispense alcoholic beverages at any alcoholic beverage outlet located within the unincorporated areas of the parish.

(Code 1961, § 3-21.2(m), (n))

Sec. 4-56. Display.

All persons possessing a certification of qualification to dispense alcoholic beverages in a place licensed for on the premises consumption shall have his certification of qualification in his immediate possession at all times while employed and engaged in the dispensing of alcoholic beverages, and shall display it upon demand of any officer or agent of the state board of alcoholic beverages control or any police officer of the state or parish.

(Code 1961, § 3-21.2(j))

Sec. 4-57. Expirations, renewal.

Every certificate of qualification shall expire on the anniversary of the birthday of the applicant which is nearest to a date two (2) years subsequent to the issuing of the certificate of qualification unless revoked or suspended; the sheriff shall issue a renewal certificate of qualification to each applicant whose renewal application has been approved by the parish council, upon payment of the fee provided in section 4-60 below.

(Code 1961, § 3-21.2(k); Ord. No. 16140, § 3, 8-8-84)

Sec. 4-58. Violations; time to correct.

Notwithstanding anything contained in this article to the contrary, any person subject to the provisions of this article shall be given seventy-two (72) hours within which to apply for his initial certificate of qualification, or renewal thereof, from the date of employment or date of expiration of his certificate of qualification, and before an actual arrest or charge can be made for violation of any of the provisions of this article, such person shall be given seventy-two (72) hours warning notice to correct the violation: failure to correct the violation and to make the correction within such period of time, the person shall be subject to be charged with a violation of this article.

(Code 1961, § 3-21.2(g))

Sec. 4-59. Denial, suspension or revocation.

(a)    Any misrepresentation, misstatement or suppression of fact in any application or accompanying affidavit and/or any violation of any provision of this chapter and any violation of the state statutes relating to gambling, prostitution, pandering and narcotics shall be sufficient grounds for denial, refusal, suspension or revocation of the certificate.

(b)   Any person who alters, defaces or transfers to another his certificate of qualification shall have it suspended or revoked by the parish council.

(Code 1961, § 3-21.2(o), (p))

Sec. 4-60. Fees.

Each applicant for a certificate of qualification, whether original application or application for renewal, shall pay to the sheriff a fee of ten dollars ($10.00) to cover all costs of processing such application, including photographing and fingerprinting of applicants as required in section 4-50 above.

(Ord. No. 16140, § 1, 8-8-84)

Sec. 6-4. – Employment permits.

(a)

A person holding a retail dealer’s permit issued under this article and each agent, associate, employee, representative or servant thereof shall, before engaging in the sale of alcoholic beverages appear at the police department for the purpose of having a photograph made, being fingerprinted, and showing proof of correct name, address, and date of birth. A fee of $10.00 shall be paid to the city for each application for such a permit. In addition, each applicant shall pay a fee of $10.00 to the state.

(b)

Subsection (a) of this section does not apply to employees of private clubs where alcoholic beverages are sold only to members and invited guest of same.

(c)

The police department shall investigate all parties engaged in the retail dealer sales of alcoholic beverages and their findings are to become part of the record of the permittee as well as the records of the police department.

(d)

All persons engaged in retail dealer sales of alcoholic beverages shall also have all other permits required by city ordinances and state law.

(Code 1990, § 3-4; Ord. No. 614, § XVII, 12-3-1970; Ord. No. 617, 2-9-1971)

Sec. 6-73. – Location restrictions.

(a)

No permit required by this division shall be granted under this article in contravention to the zoning laws of the city.

(b)

No permit shall be granted under this article for any premises situated within 300 feet or less distance of a building occupied exclusively as a church or synagogue or public library or public playground or school, except for business education conducted as a business college or school. This distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of a church or synagogue or public library or public playground or school to the nearest point of the premises to be licensed, except that this subsection shall not apply to any premises which are maintained as a bona fide hotel, motel, fraternal organization, or restaurant not maintaining a service bar and selling beer only for consumption on the premises. There is further excepted from the provisions of this subsection, booster clubs selling beverages of low alcoholic content in accordance with the provisions of city Ordinance Numbers 938 and 614, as amended; however, the sale of beverages of low alcoholic content in packages only, to be taken off the premises, shall be permitted from premises located within 300 feet or less of a building occupied exclusively as a church or synagogue or public library or public playground or school; provided, however, that in no event shall the permittee allow the consumption of the alcoholic beverages in, on, or about the premises wherein the packaged alcoholic beverages are sold.

(c)

This section does not apply to any premises which have been issued a permit to deal in alcoholic beverages for a period of one year or longer prior to December 3, 1970 and held by the original applicant.

(Code 1990, § 3-52; Ord. No. 614, § XI, 12-3-1970; Ord. No. 934, § 1, 1-8-1987; Ord. No. 938, § 1, 2-19-1987; Ord. No. 1598, § 1, 11-15-2007)

State law reference—Similar provisions, R.S. 26:281.

Sec. 6-105. – Obscenity, lewd conduct, etc.

No person holding a retail dealer’s permit issued under this article and no servant, agent or employee of the permittee shall, upon the premises for which such permit was issued, permit any disturbance of the peace or obscenity, or any lewd, immoral, or improper entertainment, conduct, or practices, including those conditions set forth in R.S. 26:90.

(Code 1990, § 3-78; Ord. No. 614, § XVI(e), 12-3-1970)

Sec. 6-117. – Consumption of alcohol outside licensed premises prohibited.

No person holding an alcoholic beverage outlet dealers permit of any type, including but not limited to, packaged, retail and wholesale dealer permits issued under this article and no servant, agent or employee of the permittee shall permit the consumption of alcoholic beverages in or on the outside area of the premises in which the alcoholic beverages are sold.

(Code 1990, § 3-90; Ord. No. 1006, § 2, 9-5-1991; Ord. No. 1065, § 1, 5-5-1994)