No person holding a retail dealer’s permit issued pursuant to this chapter and no servant, agent or employee of the permittee shall permit any disturbance of the peace or obscenity, or any lewd, immoral or improper entertainment, conduct or practices on the licensed premises.

(Ord. of 3-12-73, § VII)

State law reference— Similar provisions, R.S. 26:88(5), 26:288(5).

Sec. 3-42. – Sales prohibited during certain hours.

(a)

It shall be unlawful for persons having permits (permitees) to sell or serve alcoholic beverages within the corporate limits of the City of Ville Platte, Louisiana between the hours of 1:00 a.m. and 6:00 a.m. on any Sunday, Monday, Tuesday, Wednesday, and Thursday of the week, and between the hours of 2:00 a.m. and 6:00 a.m. on any Friday and Saturday of the week.

(b)

It shall be unlawful for persons to consume alcoholic beverages on the licensed premises or on any parking lot or open or closed space within or contiguous to the licensed premises nor shall permitees allow same between the hours set forth in this section.

(c)

It shall also be unlawful for persons to consume alcoholic beverages on all public places during the hours set forth in this section.

(Ord. of 8-13-80; Ord. No. 5-14-96, 5-14-96)

Editor’s note—

An ordinance of Aug. 13, 1980, did not specifically amend the Code; therefore; inclusion as § 3-42 was at the discretion of the editor.

Sec. 3-43. – Exceptions to sales prohibited during certain hours.

The provisions of section 3-42 shall have no application on the eve of the following holidays (i.e. Christmas, New Year’s, Mardi Gras, July 4 and Thanksgiving), and during the following festivals (i.e. Cotton, Viande Bouchanee and Gumbo), or on any other holidays or festivals designated by the mayor and board of aldermen of the City of Vilie Platte, when the prohibition shall be between the hours of 3:00 a.m. and 6:00 a.m. on the eve of any holiday, and between the hours of 3:00 a.m. and 6:00 a.m. on any festival day falling on a Friday and Saturday.

(Ord. No. 5-14-96, 5-14-96; Ord. of 10-9-01)

Sec. 3-44. – Vacation of premises.

Any person in the place of business or upon the premises wherein or whereat alcoholic beverages are sold shall promptly absent themselves therefrom within the times set forth in sections 3-42 and 3-43, and the owner, manager, operator, agent, or their employees shall cause all the music to be disconnected and the premises to be vacated by all person therein or thereon, except the owner, operator, manager, or their employees.

(Ord. No. 5-14-96, 5-14-96)

Sec. 3-47. – Sale and consumption prohibited in public streets and outside business buildings.

(a)

Definitions.

(1)

Alcoholic beverages. Any fluid or solid capable of being converted into fluid suitable for human consumption and containing more than one-half of one percent alcohol by volume, including malt, vinous, spiritus, alcoholic or intoxicating liquors; beer, porter, ale, stout, fruit juices or wine.

(2)

Liquor. All distilled or rectified alcohol, sprits, brandy, whiskey, rum, gin and all similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing, such as liquor, cordials and similar compounds.

(b)

[Certain sales prohibited.] Sale of alcoholic beverages and liquor on the streets and sidewalks or in public is prohibited; no person shall sell alcoholic beverages or liquor on the streets, sidewalks or other public right-of-way of the City of Ville Platte.

(c)

[Public consumption prohibited.] Consumption of alcoholic beverages and liquor in public is prohibited. No person shall consume alcoholic beverages or liquor while standing, walking, or sitting on the public streets or sidewalks of the City of Ville Platte, or on the grounds outside of any business or building, nor shall any person carry an opened bottle, cup, glass or other open container containing alcoholic beverage or liquor while standing or walking the public streets of the City of Ville Platte or the grounds of any business place.

(d)

There shall be exempt from this section the immediate area of any special event, such as a fair or festival, when sponsored by a nonprofit organization and when a permit has been granted by the City of Ville Platte. Such permit shall specifically delineate the boundaries of the immediate area and the period for which the special event is authorized to be held. A signed copy of each permit shall be furnished to the chief of police. There shall also be exempt from this section the regular gatherings of chartered nonprofit organizations, individuals and families when they are at a place or facility or their residence which is under their control.

(e)

Any person who violates the provisions of this section shall be fined not more than $200.00 and/or sentenced to not more than 30 days in jail.

(Ord. No. 8-22-89; 8-22-89)

Sec. 3-51. – Required.

It shall be unlawful for any person to engage in the dispensing of alcoholic beverages in a saloon or behind a bar, or to be in any way employed in connection with the dispensing of alcoholic beverages in what is commonly known as a beer parlor without a certificate of qualification issued by the chief of police.

(Ord. of 4-9-68, § 1)

Sec. 3-52. – Application.

A person desiring the certificate of qualification required herein shall apply to the chief of police upon forms furnished by the chief giving the information required on the form. In addition such a person shall allow himself to be fingerprinted and photographed by the police department.

(Ord. of 4-9-68, § 2)

Sec. 3-53. – Restrictions on issuance.

A certificate of qualification shall not be issued to:

(a)

Any person who is not a citizen of the United States and of the state, and who has not continuously resided within the state for a period of 30 days preceding the date of the filing of the application.

(b)

Any person who is under 21 years of age, provided however, that a married person under 21 years and over the age of 18 years may be licensed if otherwise duly qualified.

(Ord. of 4-9-68, § 4)

5.08.080. – Prohibited hours for sale or service of alcoholic beverages.

It is unlawful for any person to sell or serve alcoholic beverages within the corporate limits of the Town between the hours of 1:00 a.m. and 7:00 a.m. on any date other than Sunday, and between the hours of 1:00 a.m. and 12:01 p.m. on Sunday.

(Ord. 1-1996 § A: prior code § 5.20.070)

5.08.090. – Prohibited hours for persons to enter business.

It is unlawful for any person to enter any place of business or establishment wherein and whereat alcoholic beverages are sold after the hour of 1:00 a.m. and before the hour of 7:00 a.m. on any date other than Sunday, and after the hour of 1:00 a.m. and before the hour of 12:01 p.m. on Sunday.

(Ord. 1-1996 § B: prior code § 5.20.071)

State law reference— Prohibited acts, R.S. 26:90, 26:286; permissible and impermissible entertainment, R.S. 26:90.D-G, 26:286.D-G.

5.08.100. – Prohibited hours for owner to allow persons to enter business.

It is unlawful for the owner, manager, operator, agent or employee of any establishment wherein or whereat alcoholic beverages are sold to permit any person to enter therein or thereon between the hours of 1:00 a.m. and 7:00 a.m. on any date other than Sunday, and between the hours of 1:00 a.m. and 12:01 p.m. on Sunday.

(Ord. 1-1996 § C: prior code § 5.20.072)

5.08.110. – Hours at which premises is to be vacated.

Any person in the place of business or upon the premises wherein or whereat alcoholic beverages are sold shall promptly absent himself therefrom at 1:00 a.m. daily, and the owner, manager, operator, agent or their employees shall cause the premises wherein or whereat such alcoholic beverages are being sold to be vacated by all persons therein or thereon, except the owner, operator, manager or their employees, promptly at the hour of 1:00 a.m. daily.

(Ord. 1-1996 § D: prior code § 5.20.073)

5.08.120. – Prohibited hours for consumption.

It is unlawful for any person to consume alcoholic beverages in or on any public place within the corporate limits of the Town between the hours of 1:00 a.m. and 7:00 a.m. on any date except Sunday, and between the hours of 1:00 a.m. and 12:01 p.m. on Sunday.

(Ord. 1-1996 § E: prior code § 5.20.074)

5.08.130. – Exception to closing hours.

Any place of business that sells alcoholic beverages as part of its business under a Class B or Class R license shall be permitted to remain open between the hours of 1:00 a.m. and 7:00 a.m. on any date except Sunday, and between the hours of 1:00 a.m. and 12:01 p.m. on Sunday, provided that such place of business abides by Sections 5.08.070 and 5.08.110.

(Ord. 1-1996 § F: prior code § 5.20.075)

It shall be unlawful for any person, firm or corporation to sell spirituous, vinous or malt liquor of any alcoholic content between the hours of 2:00 a.m. and 6:00 a.m. on any day, and it shall be unlawful to sell such liquor between the hours of 12:00 midnight Saturday and 6:00 a.m. Monday.

(Code 1987, § 3-22; Ord. No. 19-1974, § 7, 8-27-1974)

Sec. 6-33. – Storage requirements for businesses open during prohibited sale times.

Any restaurant, cafe or other business also having a permit to sell spirituous, vinous or malt liquor of an alcoholic content and which remains open for business between the hours of 12:00 midnight on Saturday and 5:00 a.m. Monday, shall be required, during said period, to keep or store such spirituous, vinous or malt liquor in a separate room or rooms which shall remain locked during said period from 12:00 midnight on Saturday to 5:00 a.m. on Monday.

(Code 1987, § 3-23; Ord. No. 19-1974, § 8, 8-27-1974)

Sec. 6-103. – Public drinking of alcoholic beverages prohibited.

(a)

The term “alcoholic beverage” is defined as beer, porter, ale, fruit juices or wine, of an alcoholic content not exceeding that now or hereafter permitted by law, but greater than one-half of one percent of alcohol by volume, or any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six percent of alcohol by volume.

(b)

It shall be unlawful for any person to drink from or possess any opened drinking containers including any bottle, cup, glass, receptacle or can, containing alcoholic beverages, as defined herein, in the parking lot, driveway or upon other properties utilized for publicly licensed vehicular traffic belonging to or adjacent to any premises or establishments licensed or holding permits to sell or otherwise allowed to sell or serve alcoholic beverages or upon the open, public areas of any other nonadjacent business property. Possession of open containers containing alcoholic beverages shall not be prohibited by this article on other properties of license holders or others authorized to sell alcoholic beverages, providing that such properties are adjacent to the licensee’s or permittees main place of business, protected from normal or customary access by the public except by entry through the licensee’s main place of business, and regularly used by the licensee for the entertainment, comfort, recreation and enjoyment of the licensee’s or permittees patrons and guests.

(c)

It shall be unlawful for any person under 21 years of age to purchase or have public possession of any alcoholic beverage in violation of R.S. 14:91.5, as same may be hereafter amended by the state legislature.

(d)

For the purpose of discouraging public drinking, it shall be unlawful for any person to remove an open container, including any bottle, cup, glass, receptacle or can, containing alcoholic beverages, as defined herein, from any properties described in subsection (b) above or in subsection (g) below which are licensed or permitted by the provisions of the city Code to serve alcoholic beverages.

(e)

It shall be unlawful for any person to possess in an open container any alcoholic beverage of high or low alcoholic content in or upon any publicly owned properties such as the city hall complex, fire department, police department, any and all city parking facilities, city owned recreational/community facilities, BREC or other recreational facilities, public educational facilities such as schools and campuses, and upon any public alley, sidewalk and right-of-way adjacent to any such property.

(f)

The provisions of this section may be waived by resolution of the city council from time to time in order to accommodate specific sanctioned events conducted at specific times, which events must be approved by the city council.

(g)

Any licensee permitted under sections 6-27 through 6-72 of this Code to sell alcoholic beverages on a regular basis shall post signs to be provided by the city at or near building exits clearly visible to patrons. The signs for each licensee shall state:

(1)

For C-AB-l licenses:

“Consumption of Alcoholic Beverages on Premises is a Violation of City Ordinances and Can Result in a fine and/or imprisonment.”

(2)

For C-AB-2 and C-AB-3 licenses:

“Leaving These Premises With An Open Alcoholic Container is a Violation of City Ordinances and Can Result in a fine and/or imprisonment.”

These signs will be provided by the city and shall be posted by those presently licensed within ten days of the effective date of this Code. Failure of any present or future licensee to post such signs at store exits shall be cause to suspend or revoke any license held by said licensee.

(h)

Anyone who violates any provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined not less than $10.00, nor more than $200.00 or imprisoned up to 30 days in the parish prison, or both. The presiding judge may suspend any jail sentence imposed conditioned upon the defender participating in a court approved community service activity, substance abuse program or driver improvement program.

(Code 1987, § 3-38)

(a)

The sale of beverages of low alcoholic content containing more than 3.2 percent alcohol by weight and not more than six percent alcohol by volume within the city is permitted subject to the provisions of this Code.

(b)

The sale of beverages of high alcoholic content containing more than six percent alcohol by volume in the city is prohibited except as provided in subsection (c) or (d) of this section.

(c)

The sale of beverages of high and/or low alcoholic content for consumption on the premises in the city is permitted only on the premises of restaurant establishments which have been issued a “B” and/or “R” permit as provided in R.S. 26:73, subject to the provisions of this Code.

(d)

The sale of beverages of high or low alcoholic content by the package only and not for consumption on the premises is permitted only on the premises of business establishments which have been issued an “A” permit.

(e)

Any person who violates this section shall be fined not more than $100.00 or imprisoned for not more than 30 days, or both.

(Ord. No. 1987-27, § 1(14-1), 12-22-87; Ord. No. 1988-10, § 1, 3-8-88)

State law reference— Authority for above section, R.S. 26:494, 26:595.

Sec. 3-85. – Building, location, zoning and parking requirements.

(a)

Building requirements. Failure to acquire and maintain a valid health permit for any premises licensed under this article, or violation of or noncompliance with any applicable fire prevention, building, plumbing, electrical, heating and air conditioning codes, shall be cause for denial, revocation or suspension of any permit or license. In the case of new construction of a proposed licensed location, a certificate of occupancy shall be required before final issuance of a license or permit.

(b)

Location. No license or permit shall be granted under this article to any applicant when the property upon which the business is to be conducted is within a radius of 300 feet of any property used exclusively as a regular church or synagogue, public library, school or orphans’ home (except a school for business education conducted as a business college or school, and except a state college or university), or within a 300-foot radius of a public playground, provided that the provisions of this section shall not apply to premises which are maintained as a bona fide hotel, wholesale dealer, railway car or fraternal organization, or any premises licensed to deal in beverages of low alcoholic content, for a period of one year or longer period prior to the passage of the ordinance from which this section derives. The 300-foot minimum distance is as defined in state law.

(c)

Zoning requirements.

(1)

No person operating a business which is presently classified as a nonconforming commercial use, as defined in chapter 27, may apply for or be issued a license or permit without first obtaining a petition of 51 percent of the property owners within 300 feet of the business.

(2)

All zoning requirements as required by chapter 27 must be met prior to the time an application for an alcoholic beverage license is filed with the A.B.C. board.

(3)

All sales of beverages of low or high alcoholic content and other authorized activities described and set forth in this article shall be conducted only on premises with a zoning of C-1 or a less restricted zoning.

(Ord. No. 1987-27, § 3(D), 12-22-87; Ord. No. 1997-11, § V, 2-10-97)

Cross reference— Buildings and building regulations, ch. 5; stopping, standing and parking generally, § 24-201 et seq.; zoning, ch. 27

Sec. 3-86. – Hours of operation.

The hours of operation of Class A, Class B and Class R license holders under this article shall be from 6:00 a.m. daily until 2:00 a.m. of the following day, Mondays through Saturdays. It shall be a criminal offense as well as a violation of this article for any holder of such a retail dealer’s license/permit issued under this article or a servant, agent or employee of such retail dealer to dispense, in any manner, beverages described in section 3-81(a) between the hours of 2:00 a.m. and 6:00 a.m. on weekdays and Saturdays, and between the hours of 2:00 a.m. Sunday and 6:00 a.m. Monday following, except as follows:

(1)

Class A and B. Class A (high and low alcoholic content) and Class B (beer) license/permit holders licensed under the provisions of this article, who realize at least 60 percent of their monthly revenues from the sale of merchandise other than alcoholic beverages, may sell beer between 11:00 a.m. Sunday and 12:00 midnight Sunday provided records of all alcoholic beverage sales are kept separately and available for examination by the A.B.C. Board.

(2)

Class R. Class R (restaurant) permit holders may sell beverages described in section 3-81(a) between the hours of 11:00 a.m. Sunday and 12:00 midnight Sunday in connection with the serving and selling of meals and provided that all provisions of section 3-81(e) pertaining to Class R permits are met and that no bar or lounge be opened to the general public during the same period which would be contrary to the reasonable purpose and intent of this subsection, which is to permit persons to be served alcoholic beverages only as part of a meal.

(3)

Nonprofit organizations. Religious, charitable, fraternal, veterans and other private clubs which are nonprofit organizations in nature and classified as such by all taxing authorities, licensed under the provisions of this article, upon certification as a nonprofit organization by the A.B.C. Board, shall be permitted to sell beverages described in section 3-81(a) in conformity with Class A, Class B or Class R permits between the hours of 1:00 a.m. Sunday and 12:00 midnight Sunday, subject to meeting the following conditions:

a.

An organization described in this subsection (3) shall apply for and receive, on an annual basis, a permit to serve alcoholic beverages during the hours specified in this subsection.

b.

The permit application shall be accompanied by:

1.

A copy of the charter of the organization, club or facility.

2.

A current, accurate membership roster showing the full names of members and their current residence address.

3.

Certification by the duly elected officers of the organization that the organization is certified as a nonprofit organization by all taxing authorities, and a list of such authorities.

c.

An organization applying for a permit under this subsection shall also hold a current license/permit under other provisions of this article for the sale of alcoholic beverages.

(4)

Sale of items other than alcoholic beverages. Restaurants, grocery stores, drugstores or other businesses exempted from the provisions of R.S. 51:191 by the provisions of R.S. 51:192 may remain open for the sale of other items permitted by law, but any sale, dispensing, possession in open containers, or consumption of alcoholic beverages at such places of business during the prohibited periods set forth in this section is expressly forbidden. It shall be unlawful to sell, disburse or permit the sale or disbursement of alcoholic beverages or liquors, including beer, in an open container for consumption off licensed and/or leased premises; or to furnish open containers to patrons for the intent and purpose of removal and consumption of alcoholic beverages and liquors, including beer, off the licensed premises and/or leased premises.

(Ord. No. 1987-27, § 3(E), 12-22-87; Ord. No. 1997-11, §§ VI—VIII, 2-10-97; Ord. No. 2008-13, § 1, 5-27-08)

Sec. 9:1000. Licenses required for businesses and employees.

(a)    Licenses required. No person, firm, corporation or association of persons shall engage in any business or employment described in section 9:1000 or 9:1003, without first obtaining the necessary licenses and permits required hereunder, including all state and local permits.

(b)   Qualifying beverages and businesses. Any person, firm, corporation or association of persons who, as a business or as a means of employment, manufactures, blends, rectifies, distills, processes, imports, stores, uses, handles, holds, sells, offers for sale, solicits orders for the sale of, distributes, delivers, serves or transports any beer, porter, ale, fruit juices, wine, or spirituous beverages of an alcoholic content not exceeding that now or hereafter permitted by law, but greater than one-half (½) of one (1) percent of alcohol by volume, or, any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six (6) percent of alcohol by volume, within the limits of the parish, shall be deemed a retail dealer, or wholesale dealer, or a classified employee, as the case may be, for all purposes of this chapter. All such persons must hold all applicable local and state permits, pursuant to title 26 and the wine, beer and liquor ordinance.

(c)    Wholesale dealer required to verify retail license before delivery. No wholesale dealer shall dispense or sell to any retail dealer any of the beverages described in subsection 9:1000(b), unless the retail dealer has procured and has posted in a conspicuous place in his establishment, the permit/license required in this chapter. Every wholesaler shall, at the time of shipping or delivering such beverages to a retailer, make a true duplicate invoice of each such shipment showing full and complete details of the sale or delivery, and shall include on such invoice the city or parish license/permit number. No wholesaler shall dispense, sell or deliver to any retail dealer until the wholesaler has been furnished the retail dealer’s city or parish license/permit number.

(d)   Establishment operated as a retail dealer. Any person, firm, corporation, or association of persons, who conducts an establishment as a business where any of the beverages mentioned in subsection 9:1000(b) of this chapter are stored, used, consumed, handled, sold, given away or otherwise disposed of, shall be considered as conducting such establishment as a retail dealer for all purposes of this chapter, and shall pay the same license tax as that required of a retail dealer selling for use or consumption on or off the licensed premises.

(Ord. No. 15405, § 1, 10-24-12; Ord. No. 15425, § 1, 12-12-12)

Sec. 9:1006. Hours of operation and closing times for licensed or permitted businesses and organizations.

(a)    Class A, B and R license holders. The hours of operation of all class A and R on-premises consumption license holders shall be from 6:00 a.m. daily until 2:00 a.m. of the following day, Mondays through Saturdays, and from 11:00 a.m. Sunday daily until 12:00 a.m. Midnight Sunday. The hours of operation of all class B off-premises consumption license holders shall be from 6:00 a.m. daily until 2:00 a.m. of the following day. Whenever New Years Eve falls on a Sunday, all class A and R license holders shall be allowed to operate on New Years Eve until 2:00 a.m. the following day, and the premises must be vacated by 2:30 a.m. the following day. It shall be a criminal offense as well as a violation of this chapter for any holder of such a retail dealer’s license/permit issued under this chapter or a servant, agent or employee of same to dispense, in any manner, beverages described in subsection 9:1000(b) of this chapter between the hours of 2:00 a.m. and 6:00 a.m., except as provided below:

(1)    Sunday sales—Motels, hotels, restaurants, convention facilities and private clubs. Without meeting the requirements of subsection 9:1003(g)(5) of this chapter, motels, hotels, convention facilities, riverboats as defined in the Louisiana Riverboat Economic Development and Gaming Control Act, R.S. 9:501, et seq. and adjacent docking and patron assembly facilities including restaurants, and private clubs offering family-type outdoor recreational facilities designed and used as golf and/or tennis clubs whose land area used for said recreational activities exceeds the area in square footage used for improvements by a ratio of at least 20 to 1, shall be permitted to serve beverages described in subsection 9:1000(b) herein between the hours of 11:00 a.m. and 12:00 midnight Sunday to guests, members and other private functions including legitimate groups, but shall be prohibited from selling package goods or opening bars or lounges to the general public during the specified hours. Said ratio in square footage is to be determined by the inspection division. Private clubs designated above shall meet all requirements of subsection 9:1006(a)(2)a. and b. except such clubs will not have to be classified as a non-profit organization. Riverboats, as previously defined in this section, may only serve beverages described in subsection 9:1000(b) herein between the hours of 11:00 a.m. and 12:00 midnight Sunday to their patrons.

(2)    Sunday sales—Non-profit organizations. Religious, charitable, fraternal, veterans and other private clubs, which are non-profit organizations in nature and classified as such by all taxing authorities, licensed under the provisions of this chapter, upon certification as a non-profit organization by the ABC office, shall be permitted to sell beverages described in subsection 9:1000(b) between the hours of 11:00 a.m. Sunday and 12:00 Midnight Sunday subject to meeting the following conditions:

1. Criteria. That an organization described in this section apply for and receive on an annual basis, a permit to serve alcoholic beverages during the hours specified above.
2. Documentation required. Said permit application to be accompanied by:
3. A copy of the charter of the organization, club, or facility.
4. A current, accurate membership roster showing full names of members and their current residence address.
5. Certification by the duly elected officers of the organization that said organization is certified a non-profit organization by all taxing authorities and list such authorities.
6. That an organization applying for a permit under this section also hold a current license/permit under other provisions of this chapter for the sale of alcoholic beverages.

(3)    Closing hours. All class A (on premises consumption) locations shall be closed at 2:30 a.m. until 6:00 a.m., the same day, Monday through Saturday, and shall be closed from 2:30 a.m. Sunday until 11:00 a.m. and shall be closed from 12:30 a.m. until 6:00 a.m. Monday. All class B (off premises consumption) locations may remain open 24 hours per day, however, no alcohol may be sold, dispensed, or given away from 2:00 a.m. until 6:00 a.m. daily, Monday through Sunday.

(4)    Exemptions. Those businesses exempted from the provisions of former R.S. 51:191 and by the provisions of former R.S. 51:192 as they read when repealed in 1986, and riverboats as defined in the Louisiana Economic Development and Gaming Control Act, R.S. 9:501, et seq., and adjacent docking and patron assembly facilities, may remain open for the sale of other items permitted by law, but any sale, dispensing, or consumption of alcoholic beverages at such places of business during the prohibited periods set forth above is expressly forbidden. During the prohibited periods, no open containers, glasses, bottles, cans or other containers holding alcoholic beverages shall be allowed anywhere on the licensed premises or property, except in a locked cabinet or cupboard; provided that those businesses maintaining separate rooms for the conduct of the business of dealing in alcoholic beverages may securely close and lock said separate rooms. Proof of the finding of any open container holding alcoholic beverages at any other place in the licensed premises during the prohibited periods shall result in a presumption that some of the contents of the container were consumed on the licensed premises on the date found and during the prohibited period; and shall further result in a presumption that the contents of the container were sold by the license/permit holder, his manager, agent, servant or employee on the date found.

(b)   Class P license holders. The hours of operation of all class P (on-premises consumption) license holders shall be from 10:00 a.m. daily until 12:00 a.m. of the following day. It shall be a criminal offense as well as a violation of this chapter for any holder of a class P license issued under this chapter or a servant, agent or employee of same to dispense, in any manner, beverages described in subsection 9:1000(b) of this chapter between the hours of 12:00 a.m. and 10:00 a.m. All class P locations shall be closed at 12:30 a.m. and may not sell beverages described in subsection 9:1000(b) of this chapter before 10:00 a.m.

(c)    Class M license holders. The hours of operation of all class M (manufacturer’s) license holders shall not be limited, except as follows:

(1)    Class M license holder with on-premises consumption. The hours of operation of all class M (manufacturer’s) which also holds a class A license and operates any on-premises tasting room, other on-premises consumption facility or service point of any sort shall be from 9:00 a.m. until 12:00 a.m. of the following day, Monday through Thursday, 8:00 a.m. until 2:00 a.m. of the following day, Friday and Saturday, and 12:00 p.m. until 12:00 a.m. on Sundays for those areas which serve or dispense any qualifying beverages under this chapter. The hours of operation for the manufacturing operation shall not be limited.

(2)    Class M license holder with off-premises consumption. The hours of operation of all class M (manufacturer’s) which also holds a class B license and operates any sales point for off-premises consumption of any sort shall be from 9:00 a.m. until 12:00 a.m. of the following day, Monday through Thursday, 8:00 a.m. until 2:00 a.m. of the following day, Friday and Saturday, and 12:00 p.m. until 12:00 a.m. on Sundays for those areas which serve or dispense any qualifying beverages under this ordinance. The hours of operation for the manufacturing operation shall not be limited.

(Ord. No. 15405, § 1, 10-24-12; Ord. No. 15425, § 1, 12-12-12; Ord. No. 15458, § 3, 2-27-13; Ord. No. 15469, § 2, 3-27-13; Ord. No. 15537, § 2, 8-14-13)

Sec. 9:1007. Types of employee licenses, fees for employee licenses, and qualifications for employee licenses.

(a)    Classified employee license required. Any person employed or used in a class A or R licensed retail business or a licensed limousine service who, as a function of their duties, dispenses, sells or serves any alcoholic beverages as described in subsection 9:1000(b) of this chapter shall be required to be licensed. A classified employee license shall cost thirty dollars (.00) for issuance of a license to a qualified applicant, as defined in this chapter, for of a two-year license.

(b)   Classified employees in general. Persons required to hold permits under this section shall be referred to as classified employees and that classification, as used in this section, shall include, but not be restricted to mean bartenders, barmaids, waiters, waitresses, cocktail waiters, cocktail waitresses and chauffeurs employed by a licensed limousine service except that this subsection shall not apply to a person holding a dealer’s license, or to a person holding a waiter/waitress alcoholic beverage permit as described in this chapter.

(1)    Manager, bouncer, doorman and disc jockey required to obtain classified employee license. Any person employed in any retail business described herein as a manager, disc jockey, door man, or “bouncer” shall also be subject to licensing under this chapter as a classified employee.

(2)    Exotic dancers. Any person performing as an exotic dancer at any business licensed under the provisions of this chapter, or any event exempted or permitted under this chapter, shall comply with the provisions of Code of Ordinances sections 9:325—9:329, which provides for qualifications and licensing of exotic dancers, in addition to the provisions herein.

1. Any person employed or used in any retail business to dance or gyrate or perform any other physical performance shall be subject to licensing as a classified employee, except that records of exotic dancers shall be separately kept and made available to law enforcement officials. Provided that the provisions of this section shall not apply to amateur nights wherein non-employees are allowed to dance without the benefit of any compensation whatsoever, including gratuities from patrons. Any business, individual, organization or other entity wishing to conduct an amateur night shall, at least seven (7) days before the event, notify the alcoholic beverage control office of the intent to do so and shall at that time specify the date of such event and the hours thereof, said notification to be written. No such entity shall be permitted to have more than one amateur night per week.
2. It shall be illegal for any employee to solicit or induce any persons on the premises to purchase for him/her or for the solicitor or any other person, any beverage or other product of whatever kind sold in such establishment whether or not the solicitor expects to realize a profit or reward as a result of such solicitation. This paragraph shall not apply to bartenders, managers, waiters or waitresses.

(3)    Fashion models. Any person employed or used in any retail business to perform services as a model and models, demonstrates, or in any way displays clothing or wearing apparel of any kind in return for anything of value, shall also be subject to licensing under this chapter as a classified employee.

(c)    Waiter/waitress license required. Any person employed or used in a class A or R licensed retail business whose primary function is to take orders for and serve food and food items and who also takes orders for and serves alcoholic beverages in conjunction with the serving of those meals. A waiter/waitress license shall cost thirty dollars ($30.00) for issuance of a license to a qualified applicant, as defined in this chapter, for the duration of employment in that particular corporation, company or association, with the thirty dollar ($30.00) fee to be recharged if the waiter/waitress who holds a waiter/waitress alcoholic beverage license changes position of employment to another corporation, company or association.

(d)   Retail clerk license required. Any person employed or used in a class B licensed retail business who, as a function of their duties, dispenses, sells or serves any alcoholic beverages as described in subsection 9:1000(b) of this chapter. Persons required to hold licenses under this section shall be referred to as retail clerks and that classification, as used in this section, shall include, but not be restricted to mean managers, sales clerks, retail clerks, and check-out counter clerks. A retail clerk license shall cost thirty dollars (.00) for issuance of a license to a qualified applicant, as defined in this chapter, for the duration of employment in that particular corporation, company or association with the thirty dollar (.00) fee to be recharged if retail clerk who holds a retail clerk alcoholic beverage permit changes positions of employment to another corporation, company or association.

(e)    Qualifications for classified employees, retail clerks and waiter/waitresses. Each applicant for a permit as a classified employee, retail clerk and/or waiter/waitress shall meet the requirements as listed in subsection 9:1003(e), except the two-year residency requirement and the requirements of both national and state citizenship as required under subsection 9:1003(e)(2), provided that any person not a citizen of the United States shall be the holder of a properly issued passport and current visa. If the above applicant has been adjudged by a board or convicted by a court in any matter stated in section 9:1003(e) of this chapter, the granting of any permit or of a renewal is within the discretion of the board.

(Ord. No. 15405, § 1, 10-24-12; Ord. No. 15425, § 1, 12-12-12; Ord. No. 15458, § 4, 2-27-13)

Sec. 9:1010. Building, location, zoning, and parking requirements for businesses.

(a)    Building requirements.

(1)    Acquire and maintain health permit and comply with all fire, building, plumbing, electrical, heating, air conditioning and zoning codes. Failure to possess and maintain all proper and applicable health permits for any premises licensed under this chapter or the violation of, or noncompliance with any applicable fire prevention, building, plumbing, electrical, heating, air conditioning or zoning codes pertaining to any premises licensed under this chapter shall be cause for denial, revocation or suspension of any permit or license. The issuance or reinstatement of any such license, application or permit shall not be considered by the ABC board until the board receives notification from the proper authority that all health permits are valid and current or said violation or noncompliance has been corrected. In the case of new construction of a proposed licensed location, a certificate of occupancy shall be required before final issuance of a license or permit.

(2)    Premises destroyed. In the event that premises licensed hereunder are destroyed by fire or any natural disaster or act of God, the licensee shall be permitted a reasonable time within which to reconstruct the licensed premises, but in no event longer than twenty-four (24) months, unless further extended by the ABC board.

(b)   Location prohibitions—Three hundred-foot distance requirement from churches, schools and public playgrounds, and daycare centers. No license or permit shall be granted hereunder to any applicant when the property upon which the business is to be conducted is within three hundred (300) feet of any property used exclusively as a regular church or synagogue, public library, school or orphans’ home (except a school for business education conducted as a business college or school, and except a state college or university), or within three hundred (300) feet of a public playground, or within three hundred (300) feet of a daycare center, provided that the provisions of this section shall not apply to premises which are maintained as a bona fide hotel, wholesale dealer, railway car, or fraternal organization, or to any premises licensed to deal in beverages of low alcoholic content, for a period of one (1) year, or longer, prior to the passage of this ordinance. The limitation on distance from a public playground shall not apply to a premises operated as a class P, public recreational facility licensee. The three hundred-foot minimum distance shall be measured as provided by state law in R.S. title 26.

(c)    Zoning.

(1)    Non-conforming. No person operating a business which is presently classified as a legal non-conforming commercial use, as defined in the zoning ordinance of the city and parish, may apply for or be issued a license or permit without first obtaining a petition of fifty-one (51) percent of the property owners within three hundred (300) feet of said business (said petition must be obtained from the DPW permit office). This section only applies to class B (package) sales of retail beer and/or liquor, which does not allow consumption on the premises.

(2)    Requirements must be met prior to application. All zoning requirements as required by the zoning ordinance of the city and parish must be met prior to the time an application for an alcoholic beverage license is filed with the ABC office.

(3)    Waiver of parking requirements. The ABC board, subject to the approval of the zoning commission, may waive parking requirements either in whole or in part upon a finding that such waiver is in the public interest or that the person, firm, corporation, association of persons, or premises was operating on the premises prior to September 24, 1975.

(Ord. No. 15405, § 1, 10-24-12; Ord. No. 15425, § 1, 12-12-12; Ord. No. 15469, § 4, 3-27-13)

Sec. 10-1. – Wards where prohibited.

It shall be unlawful to sell or offer for sale alcoholic beverages of either high or low alcoholic content in any of the following areas:

(1)

Ward 1, including the Municipality of Keatchie;

(2)

Ward 2, including the Municipality of Stonewall;

(3)

Ward 3, including the Municipality of Stanley;

(4)

Ward 8, including the Municipality of Logansport;

(5)

Ward 5.

City and local ordinances may limit the actions of an alcoholic beverage server/seller or may provide additional rules that govern this type of transaction.  Please check with your local authorities or government bodies to ensure that you are following the local laws and are in compliance with any requirements that they have set forth.  Generally, local laws and ordinances are in line with the state’s rules but may further restrict the sale of alcoholic beverages to certain days and/or hours. They may also limit the location and other variables such as seller’s age, package contents, etc. Also remember that their laws are not limited to the sale of alcoholic beverage products.  Tobacco products, including CBD, may also be covered in the local ordinances.  The list of local ordinances provided by ABSEC is based upon the ordinances published by the individual parishes, cities and towns, and may not be current.  It is recommended that you verify the accuracy of the information presented on this website prior to the sale of any alcohol or tobacco/CBD product.

If you have any questions about an issue or situation, please do not hesitate to reach out to your local authority and/or the Louisiana ATC for further clarification.

ABSEC LLC is also available should you have any additional questions or simply wish to get some guidance on a particular scenario or situation.  We have assembled a team of subject matter experts in this area and have experience in a large majority of the situations in which you may have questions.  Please use our contact us page to submit a message.  A response can be expected within one business day.