Parish Ordinances
Sec. 4-2. – Sales prohibited certain days and hours.
(a)
All stores, shops, saloons, barrooms, nightclubs, lounges or any other places of business, premises, or establishments licensed under this chapter to sell and/or serve alcoholic beverages in, on, or within the place of business, premises, or establishment, even if purchased elsewhere for consumption on said premises, shall be closed at 2:00 a.m. continuously until 7:00 a.m. the same day and shall be closed at 2:00 a.m. Sunday and shall be closed continuously until 7:00 a.m. Monday following, except as provided in subsection (b) of this section. All such establishments shall terminate the sale and service of alcoholic beverages and liquors at closing time. No person shall be allowed on the premises of these establishments except salaried employees and the owner thereof whose presence there is required for routine maintenance and/or cleanup of the premises.
(b)
All grocery stores, convenience stores, supermarkets and drugstores which realize at least 60 percent of their monthly revenue from the sale of merchandise and products other than alcoholic beverages are exempted relative to closing hours; however, no such grocery stores, convenience stores, supermarkets and drugstores are permitted to sell and/or serve alcoholic beverages of high alcoholic content as defined in section 4-25
(Code 1976, § 10-2013; Ord. No. 1-2006, 3-2-2006)
Parish Ordinances
Sec. 5-2. Closing hours.
All stores, shops, saloons, bars, barrooms, nightclubs, lounges, or any other place of business, premises, or establishment licensed under this chapter to sell and/or serve alcoholic beverages in, on, or within the place of business, premises, or establishment, even if purchased elsewhere for consumption on said premises, shall be closed at o’clock 2:00 a.m. continuously until 8:00 o’clock a.m. the same day and shall be closed at 2:00 o’clock a.m. Sunday and shall be closed continuously until 8:00 o’clock a.m. Monday following, except as provided below. All such establishments shall terminate the sale and services of alcoholic beverages and liquors at closing time. No person shall be allowed on the premises of these establishments beyond 2:15 o’clock a.m. except salaried employees and the owner thereof whose presence therein is required for routine maintenance and/or cleanup of the premises.
(1) There is exempted from this section a licensed restaurant business, as hereinafter defined, actually in the restaurant business and holding an alcohol permit, which may sell and allow consumption of alcoholic beverages between the hours of 11:00 o’clock a.m. Sunday and midnight Sunday, provided that all provisions of this section pertaining to restaurants are met, and further provided that no bar or lounge be open to the general public during the same period which would be contrary to the reasonable purpose and intent of this provision which is to allow licensed and duly authorized restaurant businesses to sell and/or serve alcoholic beverages on Sunday.
(2) For purposes of this section, “restaurant business” shall be defined as an establishment which:
- Operates a place of business whose purpose is primarily to prepare food and food items for consumption and to serve meals and meal items to the general public.
- Must service food on all days of operation.
- Must file a copy of the applicant’s meal together with the application, both new and renewal.
- Must furnish an affidavit from the local health department showing compliance with all applicable health and sanitary requirements with new application.
- Must gross sixty (60) percent of its monthly revenue from the sale of food, food items and non-alcoholic beverages.
- Must maintain separate sales figures for alcoholic beverages.
- All applications, whether new or renewal, shall be in writing, sworn to in front of a notary public, and shall contain the full name of the applicant along with a complete description and correct address of the premises in which the restaurant is located.
- Operates a bona fide restaurant by having a fully equipped kitchen facility and dining room manned and operated at all times that alcoholic beverages are sold on Sunday.
- Maintains a written record of the name, address and telephone number of all vendors and supplies of food, food item and non-alcoholic beverages and alcoholic beverages; and maintains, for a minimum period of twelve (12) consecutive months previous to application for renewals, all records of purchases and delivery of food, food items and non-alcoholic beverages and alcoholic beverages to the permittee’s place of business, including, without limitation, all billings, invoices, statements of account, delivery tickets and receipts evidencing the permittee’s purchase and receipt of food, food items and non-alcoholic beverages and alcoholic beverages.
- For new businesses without prior business experience on which to base a determination of percentage of food, food item and non-alcoholic beverages sales, a temporary permit may be issued by the collector for ninety (90) days after which time evidence of all purchases and sales, as may be deemed necessary by the collector, will be required to make the permit permanent.
(3) For purposes of verifying that the permittee meets the requirements for a restaurant business, the permittee shall, annually, as determined by the city, cause to be delivered to the permit office a CPA audit statement, at the cost of permittee, verifying that the required monthly income of the permitted business is from non-alcohol sales. Furthermore, any permittee, upon applying for an initial permit herein, specifically agrees to deliver to the administration of the city and/or any representative so designated by the mayor, within one hundred and twenty (120) days of the issuance of said permit a CPA audit of the ratio of alcohol and non-alcohol sales for the three-month period immediately following the effective date of the permit. On written demand, all records required to be maintained by this section on any matter and/or which would tend to establish the ratio of alcohol to non-alcohol sales by permittee shall be delivered to the city within twenty (20) days of receipt of written demand by the city.
(4) The permit issued under this chapter to restaurant businesses shall be subject to revocation by the city council at any time following a hearing as provided for all of the licenses and/or permits issued under this section and a determination that the permittee fails to meet the criteria set forth in this section.
(5) Reserved.
(6) Grocery stores, supermarkets, and drug stores which realize at least sixty (60) percent of their monthly revenue from the sale of merchandise other than alcoholic beverages are also exempted from this section relative to the closing hours.
(7) Notwithstanding the preceding, any permitted business referred to herein which is prohibited from operating on Sunday as described herein may apply for one (1) single-day variance per calendar year by making written application no less than thirty (30) calendar days prior to the date of said variance. Said application shall be provided upon request by the City of Hammond Permit Office.
(8) Said applicant shall cause to be published in the official journal of the City of Hammond a public notice containing the name and address of the business, along with the statement that said business is applying for a variance from the Sunday closing law, and the date for which said variance is requested. Said public notice shall be published no less than twenty-one (21) calendar days prior to the date for which said variance is requested.
(9) Any request shall be placed upon the agenda of the city council meeting closest in proximity to the date for which said variance is requested. Members of the public shall be given an opportunity to be heard, and the variance shall be granted only upon positive vote of the council, and either by resolution or ordinance.
(10) There is exempted from this section any place of business, premises or establishment licensed under this chapter who desires to sell or serve alcoholic beverages on the day of the National Football League Super Bowl and on such other days, including Sundays, as may be approved by variance on the affirmative vote of the council, which action may be by resolution or ordinance.
(Ord. No. 510, C.S., § 7, Art. 41, 9-5-67; Ord. No. 604, C.S., § 1, 8-17-71; Ord. No. 923, C.S., § 1, 9-1-81; Ord. No. 2099, C.S., § 1, 10-21-86; Ord. No. 2169, C.S., 5-2-89; Ord. No. 2315, C.S., 10-13-93; Ord. No. 2397, C.S., 9-5-95; Ord. No. 2491, C.S., 8-19-97; Ord. No. 2687, C.S., 5-2-00; Ord. No. 2762, C.S., 3-6-01; Ord. No. 3957, C.S., 2-1-05; Ord. No. 13-5348, C.S., § 1, 9-3-13)
Sec. 5-45. Prohibition against open containers of alcoholic beverages.
(a) It shall be unlawful for any person to possess and/or drink from an open container of alcoholic beverages in any public place.
(b) It shall be unlawful for any person to drive, operate, occupy or ride in or upon a motor vehicle upon a public street, highway, alley or driveway, while in possession of any open container or other receptacle containing an alcoholic beverage as defined herein.
(c) “Public place” means any area generally visible to public view and includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, transit stations, shelters, automobiles, and buildings, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(d) An “open container or alcoholic beverages or other receptacle containing an alcoholic beverage” shall mean, for the purpose of this section, any bottle, can, jar, cup or any drinking, or pouring vessel containing an alcoholic beverage for which:
(1) The brewery’s, distiller’s or manufacturer’s seal has been broken, including pull-tabs and bottle caps; or
(2) Said container or receptacle does not have placed thereon a closure apparatus such as a full lid or cover which prevents consumption of contents without removal and/or puncture of said closure apparatus.
(e) “Motor vehicle” means every vehicle which is self-propelled including, but not limited to automobiles, trucks, vans and motorcycles.
(f) Persons who violate any subsection of this section shall be subject to punishment under section 1-8 of the Code of Ordinances for the City of Hammond.
(g) An intent to possess an open container of alcoholic beverage is essential and may be inferred when any of the contents of said containers or receptacle has been partially removed.
There shall be a presumption that there is no intent to possess an open container of alcoholic beverage when said container or other receptacle is located in any portion of the motor vehicle other than the driver and passenger compartment of the vehicle.
(h) The provisions of this section shall not apply to:
(1) Persons driving, operating or occupying a motor vehicle and who, as a condition of their employment and while acting in the course and scope of such employment, are required to carry open alcoholic beverage containers.
(2) Occupants, other than the drivers, of a hired bus, limousine or other duly permitted for hire motor vehicle.
(3) Establishments, including those which serve food or drink or provide entertainment, which have on-premises areas designated for use by patrons, whether said area be a courtyard, patio or other area designated for patron use.
(4) Persons and/or invited guests who are engaged in private parties and/or outings on property which they own and/or over which they have leased rights and/or persons consuming alcohol on private property which they own or over which they have leasehold rights.
(i) Any organization or other association, whether nonprofit, charitable, may apply for a variance from the provisions of this section through the city council for a specific event and, upon the granting of the variance, this section shall not apply to the specific event only.
(Ord. No. 2687, C.S., 5-2-00)
Parish Ordinances
CHAPTER 2. – ALCOHOLIC BEVERAGE CONTROL
Section 10-2001. – Time of sale restricted.
(a) It shall be unlawful for any person, firm or corporation to allow any saloon, bar room, bar or cocktail lounge to remain open between the hours of 2:00 a.m. and 6:00 a.m. on any day of the week or to remain open between the hours of 2:00 a.m. on Sundays and 6:00 a.m. on Mondays.
(b) Whosoever shall violate the provisions of this section by allowing any saloon, bar room, bar or cocktail lounge to remain open between the hours of 2:00 a.m. and 6:00 a.m. on any day of the week or between the hours of 2:00 a.m. on Sundays and 6:00 a.m. on Mondays, whether the person bet the owner, partner, manager, bartender, helper, employee or agent of the saloon, bar room, bar or cocktail lounge shall for each offense be deemed guilty of a misdemeanor and upon trial and conviction thereof shall be punished as provided in Section 1-1008
(c) Nothing in this section is to be construed to prevent any person from entering a saloon, bar room, bar or cocktail lounge between the hours of 2:00 a.m. and 6:00 a.m. or the hours from 2:00 a.m. Sundays until 6:00 a.m. Mondays for the purpose of cleaning or repairing the premises or for any emergency.
(d) It shall be unlawful for any person, firm or corporation to sell, barter or trade any spirituous, vinous, or malt liquors containing more than one-half of one percent (½%) of alcohol between the hours of 2:00 a.m. and 6:00 a.m. on any day in the town and it shall be unlawful for any person, firm, or corporation to sell, barter, or trade any spirituous, vinous or malt liquors, except beer and wine coolers, or any other beverage containing six percent (6%) or more of alcohol between the hours of 2:00 a.m. on Sundays and 6:00 a.m. on Mondays in the town.
(Ord. No. 392, 2-9-51; Ord. No. 6-2004, 5-4-04; Ord. No. 8-2004, 6-14-04; Ord. No. 2-2011, 1-4-11)
Parish Ordinances
Sec. 3-10. – Drinking in public prohibited.
It shall be unlawful for persons to purchase alcoholic beverages in bottles, cans or other receptacles, to drink the same upon the streets, beach front, bathhouses or walks, parks and other public places in the city, or to stop in front of any barroom or cafe in an automobile or other vehicle, and have such beverages brought out and served to them, or have one of their number enter said barroom or cafe for the purpose of purchasing such beverages and drink the same upon the streets, parks, and other public places in the city.
(Ord. No. 88-28, 10-27-88)
Sec. 3-20. – Additional requirements and regulations for retail dispensers of alcoholic beverages.
(a) Definitions. As used in this section, the following words have the following meanings in addition to any other common meanings:
(1) “Premise” means the main building or ancillary buildings of the establishment to which a permit for the retail sale for consumption of alcoholic beverages or beer on the premises has been issued by the City of Mandeville.
(2) “Alcoholic beverages” means any beverage as defined in section 3-1 above.
(b) Hours of sale.
(1) It shall be unlawful for any person, firm or corporation who or which has been issued a permit to sell alcoholic beverages or beer, to any employee, servant, or agent or representative of such permittee, to sell, serve, offer to sell, give or dispense any alcoholic beverage as defined in section 3-1 of this chapter between the hours of 2:00 a.m. and 6:00 a.m.
(2) No bars, bar rooms, lounges, nightclubs, saloons, restaurants or other types of businesses licensed for the retail sale of alcoholic beverages for consumption on the premises shall remain in operation and allow any person, other than an employee of the permittee, to remain on its premises between the hours of 2:00 a.m. and 6:00 a.m.
(3) No holder of a permit for the retail sale of alcoholic beverages not intended for consumption on the premises shall sell or otherwise dispense any alcoholic beverage as defined herein between the hours of 2:00 a.m. and 6:00 a.m.
(4) This section shall not apply on the following days: January first, the Saturday and Monday mornings preceding Mardi Gras day, and Mardi Gras day itself.
(c) Removal of beverages from alcoholic beverage outlet.
(1) No holder of a permit for the retail sale of alcoholic beverages intended for consumption on the premises shall knowingly permit any individual, whether patron, customer, [or] employee, to remove any beverages from the premises in an open container of any type, including, but not limited to, glass, bottle, can, paper or plastic cup or a go-cup.
(2) No person, whether patron, customer, [or] employee, shall remove any alcoholic beverages from the premises of the holder of a permit for the retail sale of alcoholic beverages for consumption on the premises in an open container of any type, including, but not limited to, glass, bottle, can, paper or plastic cup or a go-cup.
(3) Any holder of a permit for the retail sale of alcoholic beverages for consumption on the premises shall post a conspicuous notice inside his premises as well as by each exit stating that it is illegal to remove any alcoholic beverages intended for consumption on the premises in an open container of any type, including, but not limited to, glass, bottle, can, paper or plastic cup or a go-cup and that violators shall be subject to fine and/or imprisonment under city ordinance.
(d) Penalties.
(1) Whoever violates any provision of subsection (b) above shall be fined on the first offense two hundred dollars ($200.00), on the second offense five hundred dollars ($500.00), and upon the third or subsequent offense shall be fined five hundred dollars ($500.00) plus suffer the revocation of his permit to sell intoxicating, spirituous, vinous or malt liquors.
(2) Whoever violates any provision of subsection (c) above shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than ten (10) days or both.
(3) Provided, that any offense under this section committed more than three (3) years prior to the commission of the crime for which the defendant is being tried shall not be considered in the assessment of penalties hereunder.
(Ord. No. 88-28, 10-27-88; Ord. No. 96-31, 8-8-96)
Parish Ordinances
Sec. 4-31. Retail dispensing of alcoholic beverages.
(a) All businesses, persons or firms permitted to and selling, serving or dispensing alcoholic beverages at retail within the city limits are hereby exempted from the effect and operation of the provisions of R.S. 51:191 and 51:192 so that any such persons, firms or businesses permitted to, may sell, serve or dispense alcoholic beverages at retail on Sunday.
(b) All businesses, persons or firms who are permitted to sell or dispense alcoholic beverages at retail by-the-drink shall close their doors to entry at 2:00 a.m. daily and remain closed until 6:00 a.m. daily. No bar, barrooms, lounges, nightclubs, saloons or other types of businesses permitted for the retail sale of alcoholic beverages for consumption on the premises shall remain in operation or allow any persons other than the employees of the permittee to remain on its premises between the hours of 2:00 a.m. and 6:00 a.m. daily. This section shall not apply on the following days: January 1, the Saturday and Monday morning preceding Mardi Gras Day and Mardi Gras Day itself. Qualified restaurants or cafeterias where at least 60 percent or more of their total business is in the sale of food shall be exempt from this section, except that they shall be prohibited from dispensing alcoholic beverages by the drink between 2:00 a.m. and 6:00 a.m. daily.
(c) No holder of a permit for the retail sale of alcoholic beverages not intended for consumption on premises (packaged sales) shall sell or otherwise dispense any alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. daily.
(d) A notice delineating the provisions of this section shall be posted in a conspicuous place on a placard of at least 12 inches by 18 inches, in each place of business which is permitted to sell or dispense alcoholic beverages by the drink.
(Code 1966, § 3-13)
Sec. 4-39. Open containers.
(a) No holder of a permit for the retail sale of alcoholic beverages intended for consumption on the premises shall knowingly permit any individual, whether patron, customer, employee or otherwise, to remove any alcoholic beverage from the premises whether in a container made of glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless such container is unopened and sealed.
(b) No person, whether patron, employee, customer, or otherwise, shall remove any alcoholic beverage from the premises of the holder of a permit for the retail sale of alcoholic beverages for consumption on the premises in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless such container is unopened and sealed.
(c) The provisions of subsections (a) and (b) of this section shall not apply to persons conducting parades or other special functions approved by the city, such as, but not limited to, Mardi Gras parades, St. Patrick’s Day parades, arts and crafts shows, antique shows and the like, who have obtained a qualifying city license or permit to conduct such functions. This exemption shall permit the use of plastic go-cup containers and shall be limited only to the time of the event.
(d) All holders of permits for the retail sale of alcoholic beverages for consumption on the premises shall post a conspicuous notice inside their premises as well as by each exit stating that it is illegal to remove any alcoholic beverages intended for consumption on the premises from the premises in any type of unsealed or open container of any kind and that such violators shall be subject to fine and/or imprisonment under city ordinance.
(e) Containers such as glass, plastic, and go-cups which are not sealed by the manufacturer shall have a minimum seal consisting of tape attaching the lid to the cup. Lids shall either contain no perforation for the insertion of a straw or any such perforation shall be sealed with tape.
(f) Whoever violates any provisions of this section shall be fined on the first offense 0.00, on the second offense 0.00, and on the third or subsequent offense shall be fined 0.00 plus, where applicable, suffer the revocation of its permit to sell alcoholic beverages of any type.
(Code 1966, § 9-39.1)
Parish Ordinances
Sec. 6-1. Hours of sale; removal of alcoholic beverages from an alcoholic beverages outlet; penalties for violation; definitions.
(a) Hours of sale.
(1) It shall be unlawful for any person, firm or corporation who or which has been issued a permit to sell alcoholic beverages, or any employee, servant or agent or representative of such permittee to sell, serve, offer to sell, give or dispense any alcoholic beverage as defined in section 6-32 or 6-72 between the hours of 2:00 a.m. and 6:00 a.m.
(2) No bars, barrooms, lounges, nightclubs, saloons, restaurants or other types of businesses licensed for retail sale of alcoholic beverages for consumption on the premises shall remain in operation and allow any person, other than an employee of the permittee, to remain on its premises between the hours of 2:00 a.m. and 6:00 a.m.
(3) No holder of a permit for the retail sale of alcoholic beverages not intended for consumption on the premises shall sell or otherwise dispense any alcoholic beverage as defined in this chapter between the hours of 2:00 a.m. and 6:00 a.m.
This section shall not apply to retail sales on the following days: January 1 and on the day Daylight Savings Time changes. Hours on January 1 will be extended to a 3:00 a.m. closing. Hours on the day Daylight Savings Time changes will be extended for one hour.
(b) Removal of alcoholic beverages from an alcoholic beverages outlet; sale of alcoholic beverages to minors.
(1) No holder of a permit for the retail sale of alcoholic beverages intended for consumption on the premises or an employee of such holder shall knowingly permit any individual, whether patron, customer, employee or otherwise, to remove any alcoholic beverage from the premises in a glass container unless as permitted in section 10-37
(2) No person, whether patron, customer, employee or otherwise, shall remove any alcoholic beverages in a glass container from the premises of the holder of a permit for the retail sale of alcoholic beverages for consumption on the premises unless as permitted in section 10-37
(3) Any holder of a permit for the retail sale of alcoholic beverages for consumption on the premises shall post a conspicuous notice inside his premises, as well as by each exit, stating that it is illegal to remove any alcoholic beverages intended for consumption on the premises from the premises in any glass container of any kind and that violators shall be subject to fine and/or imprisonment under city ordinance.
(4) It shall be unlawful for any retailer or wholesaler of alcoholic beverages to have been granted a permit to make any sale of such beverages to any person under the age of 21 years.
(c) Penalties for violation.
(1) Whoever violates any provision of subsection (a) of this section shall be fined on the first offense $200.00; on the second offense $500.00; and upon the third or subsequent offense shall be fined $500.00 plus suffer the revocation of his permit to sell intoxicating, spirituous, vinous or malt liquors.
(2) Whoever violates any provision of subsection (b) of this section, shall be fined not more than $100.00 or imprisoned for not more than 60 days or both.
(3) Provided that, any offense under this section committed more than three years prior to the commission of the crime of which the defendant is being tried shall not be considered in the assessment of penalties hereunder.
(d) Definitions. As used in this section, the following words have the following meanings in addition to any other common meanings:
Alcoholic beverages mean any beverages as defined in section 6-32 or section 6-72.
Premises mean the main building or ancillary buildings of the establishment to which a permit for the retail sale or consumption of alcoholic beverages or beer on the premises has been issued by the city.
(Code 1977, § 3-1; Ord. No. 99-12, § 3-1, 4-20-1999; Ord. No. 2011-02, 1-7-2011)
Editor’s note—
Ord. No. 2011-02, adopted Jan. 7, 2011, changed the title of § 6-1 from “Hours of sale; removal of beverages from outlet; penalties for violation; definitions” to “Hours of sale; removal of alcoholic beverages from an alcoholic beverages outlet; penalties for violation; definitions.”
Cross reference— Definitions generally, § 1-2.
