Parish Ordinances
Sec. 3-4. Consumption in public buildings prohibited.
(a) It shall be unlawful for any person to either possess any alcoholic beverage or consume any alcoholic beverage while in any fire station or in any publicly owned, rented or leased building such as, but not limited to, the parish courthouse, or its annex, office or department building, board or agency office, library, hospital, senior center or other such facility within the parish unless the parish council has received official written notification that alcoholic beverages will be served and/or consumed on the publicly owned, rented or leased premises for an event, activity or program to be held in said facility within the parish and the official written notification is received by the parish council five (5) days prior to the scheduled event, activity or program.
(b) Official written notification may be waived for fire stations in the event that inclement weather or extenuating circumstances has required the immediate use of the fire stations facilities for a specific event.
(c) Any person violating the provisions of this section shall be punished by a fine of not more than two hundred fifty dollars ($250.00) or imprisonment in the parish jail for not more than thirty (30) days, or both, at the discretion of the court.
Editor’s note—
Ord. No. 91-5.14, adopted, May 6, 1991, amended this chapter by adding provisions designated by the editor as § 3-4
Sec. 3-6. Consumption of alcoholic beverages in parking lots prohibited.
(a) Prohibited: It shall be unlawful for any person engaged in the operation of any gasoline service station, grocery store, convenience store, gaming establishment, and/or barroom, or any other alcoholic beverage retail establishment providing parking for customers and selling alcoholic beverages at retail to permit or allow consumption of alcoholic beverages on the parking or driveway area or other outdoor area of the establishment.
(b) Penalty: Any person violating the provisions of section 3-6(a) shall be punished by a fine for a first and second offense of not more than two hundred fifty dollars ($250.00) or imprisoned in the parish jail for not more than thirty (30) days, or both, at the discretion of the court. A third offense shall result in the revocation of the alcoholic beverage license.
(c) Prohibited: It shall be unlawful for any person to consume alcoholic beverages in the parking lot or outdoor area or any parking lot contiguous to any gasoline service station, grocery store, convenience store, gaming establishment, and/or barroom or any other alcoholic beverage retail establishment.
(d) Penalty: Any person violating the provisions of section 3-6(c) shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment in the parish jail for not more than thirty (30) days, or both, at the discretion of the court.
(e) Exception; permitting of outdoor areas surrounding barrooms or restaurants for alcoholic beverage consumption; approval process. The applicant shall file a no-fee permit application for said use with the director of planning and zoning. The department of planning and zoning shall post the applicant’s property with notice of the permit request for a period of five (5) days. If no negative commentary is received on the application from any property owner within five hundred (500) feet of the applicant’s affected property, the director may approve the application, with stated reasons. Should negative comment be received from eligible property owners, the permit application shall be forwarded to the council secretary for timely consideration (ordinance) by the parish council. Also, should the director disapprove the application in the absence of negative comment, the applicant may appeal the negative decision for consideration by the council. Barrooms which are immediately adjacent to residentially zoned properties shall not be eligible for application.
(f) Exclusions: The prohibitions contained in this section shall not apply to country clubs.
(Ord. No. 94-7-5, § I, 7-5-94; Ord. No. 94-10-1, 10-3-94; Ord. No. 97-8-1, §§ I, II, 8-5-97)
Parish Ordinances
Sec. 3-26.1. Sale, delivery, dispensing, possession and consumption of alcoholic beverages.
(a) Supremacy . All provisions of this section shall supersede, though not repeal, any provision of the St. Bernard Code of Ordinances that may be in conflict with this section; may impose a limitation or restriction upon this section; may serve to limit, prohibit, or reduce the penalties that are imposed by this section; or may appear to require that administrative procedures be exhausted or followed before a prosecution may be brought under this section.
(b) Venue. The Courts of the 34th Judicial District shall have Jurisdiction over prosecutions for any violation of this section.
(c) Sale, delivery, or dispensing of alcoholic beverages for on premises consumption. Limitations on sales, hours of operation, closing time, possession and consumption.
(1) All businesses, establishments, persons, firms or corporations who are licensed by the parish to sell, deliver, or dispense alcoholic beverages pursuant to a permit for the retail sale of alcoholic beverages for consumption on the premises, shall close their doors to entry at 4:00 a.m. daily and shall remain closed until 6:00 a.m. daily.
(2) No holder of a permit for the retail sale of alcoholic beverages for on premises consumption, nor any employee of a permit holder, shall sell, deliver, or dispense nor allow the sale, delivery to a customer, or dispensing of any alcoholic beverage upon the licensed premises between the hours of 4:00 a.m. and 6:00 a.m. daily.
(3) No person shall request or solicit the holder, nor any employee of a holder, of a permit for the retail sale of alcoholic beverages for on premises consumption, to sell, deliver, or dispense any alcoholic beverage upon the licensed premises in violation of this section.
(4) All persons on the premises at the time of closing designated herein and who are not the permit holder or an employee of the permit holder, shall be required to leave the premises by 4:15 a.m. and may not leave the premises in possession of any alcoholic beverage.
(5) No person, whether patron, customer, employee or otherwise, shall at any time, while on the outside of the building of the premises and/or the parking area of a holder of a permit for the retail sale of alcoholic beverages for on premises consumption, possess any alcoholic beverage in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless said container is unopened and sealed.
(6) Unopened and sealed container shall be defined as a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or other receptacle which has not been opened, or on which a seal or stamp has not been broken, or from which a straw does not protrude.
(d) Sale, delivery, or dispensing of alcoholic beverages for off premises consumption. Limitations on sales, possession, and consumption.
(1) All businesses, establishments, persons, firms or corporations who are licensed by the Parish of St. Bernard to sell alcoholic beverages at retail for off premises consumption, and their employees, shall be prohibited from selling, delivering, or dispensing alcoholic beverages between the hours of 4:00 a.m. and 6:00 a.m. daily.
(2) No person, whether patron, customer, employee or otherwise, shall at any time, consume any alcoholic beverage on the premises of a holder of a permit for the retail sale of alcoholic beverages for off premises consumption.
(3) No holder of a permit for the retail sale of alcoholic beverages for off premises consumption, nor their employees, shall knowingly permit any individual, whether patron, customer, employee or otherwise, to consume any alcoholic beverage on the premises.
(4) No person, whether patron, customer, employee or otherwise, shall at any time, while on the premises of a holder of a permit for the retail sale of alcoholic beverages for off premises consumption, possess any alcoholic beverage in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless said container is unopened and sealed.
(5) No holder of a permit for the retail sale of alcoholic beverages for off premises consumption, nor their employees, shall knowingly permit any individual, whether patron, customer, employee or otherwise, to remove any alcoholic beverage from the premises in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise, unless said container is unopened and sealed.
(6) Unopened and sealed container shall be defined as a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or other receptacle which has not been opened, or on which a seal or stamp has not been broken, or from which a straw does not protrude.
(7) Paragraphs (d)(1), (d)(2), (d)(3), (d)(4), and (d)(5) herein constitute separate offenses within the context of this section.
(8) Unopened and sealed container shall be defined as a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or other receptacle which has not been opened, or on which a seal or stamp has not been broken, or from which a straw does not protrude.
(e) Required notices.
(1) All holders of permits for the sale of alcoholic beverages shall post a conspicuous notice inside their premises, not less than eleven (11) inches by seventeen (17) inches in size, as well as by each exit, stating that it is illegal to sell, deliver, dispense, or remove any alcoholic beverages from the premises between the hours of 4:00 a.m. and 6:00 a.m. and that said violators shall be subject to fine and/or imprisonment as provided in parish ordinances.
(2) All holders of permits for the sale of alcoholic beverages for off premises consumption shall, in addition to the foregoing notice, post a conspicuous notice inside their premises, not less than eleven (11) inches by seventeen (17) inches in size, as well as by each exit, stating that it is illegal at any time to open or consume any alcoholic beverage on the premises and that said violators shall be subject to fine and/or imprisonment as provided in parish ordinances. This notice may be stated as part of the same notice required in (e)(1).
(f) Exceptions.
(1) The provisions of this section shall not apply on the following days: January 1; the Saturday, Sunday, and Monday preceding Mardi Gras Day; and Mardi Gras Day itself, but said days shall be counted as calendar days for the purposes of the imposition of penalties hereunder.
(2) Restaurants and cafeterias, which derive sixty (60) percent or more of their total business from the sale of food items, shall be exempt from the closure provisions of this section provided however, that such restaurants or cafeterias shall be prohibited from selling or dispensing alcoholic beverages between the hours of 4:00 a.m. and 6:00 a.m. daily.
(3) All businesses, establishments, persons, firms or corporations who are licensed by the Parish of St. Bernard only to sell alcoholic beverages at retail for off-premise consumption, shall be exempt from the closure provisions but not the prohibition of alcoholic beverage sales.
(g) Penalties: Any person, permit holder, or employee of any permit holder who violates any of the provisions of this section shall be sentenced as follows:
(1) For the first offense, a fine of not more than two hundred dollars ($200.00), and/or imprisonment for not more than five (5) days in jail, plus costs of the court;
(2) For the second offense occurring within any period of time consisting of seven hundred thirty (730) consecutive calendar days from the commission of the first offense, a fine of not more than five hundred dollars (0.00) and/or imprisonment for not more than ten (10) days in jail, plus costs of the court; and/or if applicable, the judicial suspension for up thirty (30) days of the permit to sell or dispense alcoholic beverages;
(3) For the third offense occurring within any period of time consisting of seven hundred thirty (730) consecutive calendar days from the commission of first offense, a fine of not more than five hundred dollars ($500.00) and imprisonment for not less than five (5) nor more than fifteen (15) days in jail, plus costs of the court; and if applicable, the judicial suspension for not less than thirty (30) days nor more than one hundred eighty-five (185) days of the permit to sell or dispense alcoholic beverages; For the fourth offense occurring within any period of time consisting of seven hundred thirty (730) consecutive calendar days from the commission of the first offense, a fine of not more than five hundred dollars ($500.00) and imprisonment for not less than fifteen (15) nor more than thirty (30) days in jail, plus costs of the court; and, if applicable, the judicial revocation of the permit to sell or dispense alcoholic beverages for a period of two (2) years.
(h) Notication . The clerk of court shall forward to the chief administrative officer (CAO) and clerk of council a copy of the final disposition by the 34th Judicial District Court of any charges brought hereunder.
(Ord. No. SBPC-648-04-06, § 1, 4-7-06; Ord. No. SBPC-698-01-07, § 1, 1-4-07)
Parish Ordinances
Sec. 4-3. Hours of sales; exemptions and exceptions.
(a) Sundays:
(1) Malt beverages. The sale, giving, trading or otherwise engaging in dispensing of any alcoholic beverages for public consumption, including, among other things, wine, ale, beer, stout, porter and the like known as “malt beverages” or blends thereof with other ingredients, by any person, firm or corporation that is licensed to sell alcoholic beverages in the parish is prohibited within the parish outside the corporate limits of incorporated villages, towns and cities from 2:00 a.m. on Sunday until 12:00 p.m. (noon) on Sunday.
(2) Spirituous liquors.
- Prohibition. The sale, giving, trading or otherwise engaging in dispensing of spirituous liquors, including whiskey, gin, rum, vodka, liqueurs or blends thereof with other ingredients and the like known as liquors, by any person, firm or corporation licensed to sell alcoholic beverages in the parish is prohibited within the parish and outside the corporate limits of incorporated villages, towns and cities from 2:00 a.m. on Sunday until 12:00 00 a.m. (midnight) on Sunday.
- Exception—New Year’s Eve. When New Year’s Eve falls on Sunday, the sale, giving, trading or otherwise engaging in dispensing of spirituous liquors shall be prohibited from 2:00 a.m. on Sunday until 8:00 p.m. on Sunday.
(3) Establishments.
- Sunday closure. All saloons, bars and lounges within the parish and outside the corporate limits of incorporated villages, towns and cities shall be closed from 2:00 a.m. until 12:00 a.m. (midnight) on Sunday night. For the purpose of this chapter, an establishment holding a “Class A” permit (high or low) with more than forty percent of its gross receipts (excluding receipts from video draw poker devices as defined in Louisiana Revised Statutes, title 47:4862.1) in beverages of high or low alcoholic content shall be considered a saloon bar or lounge.
- Exception—New Year’s Eve. When New Year’s Eve falls on Sunday, all saloons, bars and lounges shall be closed from 2:00 a.m. until 8:00 p.m. on Sunday.
(b) Prohibition of certain hours.
(1) It shall be unlawful for any person, firm or corporation which is required to be permitted under the provision of Louisiana Revised Statutes, Title 47:354 to sell, give or otherwise engage in dispensing of or permit the consumption of any alcoholic beverages in the parish between the hours of 2:00 a.m. and 6:00 a.m. on any day.
(2) It shall be unlawful for any person holding a Class A permit (high or low) to allow the on-premises consumption of alcoholic beverages (high or low) between the hours of 2:00 a.m. Sunday morning until 12:00 a.m. (midnight) on Sunday.
(3) It shall be unlawful for any houses of public entertainment, as provided in Louisiana Revised Statute, Title 33:1236(6), to permit the consumption of alcoholic beverages at their establishment or place of business in the parish (outside the corporate limits of incorporated villages, towns and cities) between the hours of 2:00 a.m. and 6:00 a.m. on any day.
(c) Restaurants and cafes. Bona fide restaurants and cafes that have been issued a “R” permit, as defined in this chapter, may sell alcoholic beverages containing not more than fifteen (15) percent alcohol by volume between the hours of 11:00 a.m. Sunday and 12:00 a.m. (midnight) Sunday when above-mentioned beverages are served in conjunction with a meal.
Cross reference— (See section 4-6 (3)).
(d) The parish tax administrator, his/her officers, agents and employees shall have authority to inspect the records of such places of business to determine whether they are bona fide restaurants and cafes realizing sixty (60) percent of their monthly revenue from the sale of food.
(e) Exceptions. This section shall not apply to the sale or disposition of the following:
(1) Patent, antiseptic and toilet preparations.
(2) Flavoring extracts, syrups and food products.
(3) Scientific, chemical, mechanical and industrial products.
(4) Alcohol for industrial use or purposes only and which is so denatured as to be unfit for human consumption.
(5) Liquor sold on the prescription of a licensed physician and for medicinal purposes only.
(6) Wines and other alcoholic beverages used for bona fide religious or sacramental purposes by any ordained priest or minister as a part of any religious ceremony in the regular course of his religious duties and as authorized by the rules and regulations of his church.
State law reference— State law references: Provisions similar to (1)—(4) above, R.S. 26:3.
(f) Violations; penalties. Whoever violates the terms of this section shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, or both. The violation of any provision of this section shall be sufficient cause for the suspension or revocation of the vendor’s permit to sell alcoholic beverages.
(Ord. of 6-14-94, § 4-3(a)—(f); Ord. of 12-10-07)
Sec. 4-41. Sales prohibited.
The sale of beverages of low alcoholic content containing more than one-half (½) of one (1) percent alcohol by volume but not more than six (6) percent alcohol by volume, and the sale of beverages of high alcoholic content containing more than six (6) percent alcohol by volume, whether for sale for consumption on the premises or by package, is prohibited in Ward Five, Rapides Parish, Louisiana.
(Ord. of 6-14-94, § 4-41; Ord. of 12-10-07)
Sec. 4-49. Sales prohibited.
The sale of beverages of low alcoholic content containing more than one-half (½) of one (1) percent alcohol by volume but not more than six (6) percent alcohol by volume, and the sale of beverages of high alcoholic content containing more than six (6) percent alcohol by volume, whether for sale or consumption on the premises or by package, is prohibited in Ward Six, Rapides Parish, Louisiana.
(Ord. of 6-14-94, § 4-49; Ord. of 12-10-07)
Sec. 4-56. Sales prohibited.
The sale of beverages of low alcoholic content containing more than three and two-tenths (3.2) percent alcohol by weight, and not more than six (6) percent alcohol by volume, and the sale of beverages of high alcoholic content containing more than six (6) percent alcohol by volume, whether such sale or sales are for consumption on the premises or by the package, is prohibited Ward Seven, Rapides Parish, Louisiana; provided, however, that such prohibition shall not in apply to that portion of Ward Seven which is located and situated within the corporate limits of the Town of Boyce.
(Ord. of 6-14-94, § 4-56)
Sec. 4-63. Sales prohibited.
The sale of beverages of low alcoholic content containing more than one-half of one (½) percent alcohol by volume but not more than three and two-tenths (3.2) percent alcohol by weight and the sale of beverages of high alcoholic content containing more than six (6) percent alcohol by volume, whether for sale for consumption on the premises or by package, is prohibited in ward nine outside the corporate limits of Pineville, Rapides Parish, Louisiana.
(Ord. of 6-14-94, § 4-63)
Sec. 4-71. Sales prohibited.
The sale of beverages of low alcoholic content containing more than one-half (½) of one (1) percent alcohol by volume but not more than six (6) percent alcohol by volume, and the sale of beverages of high alcoholic content containing more than six (6) percent alcohol by volume, whether sale for consumption on the premises or by package, is prohibited in Ward Ten, outside the incorporated limits in Rapides Parish, Louisiana.
(Ord. of 6-14-94, § 4-71)
Sec. 4-79. Sales prohibited.
The sale of beverages of low alcoholic content containing more than one-half (½) of one (1) percent alcohol by volume but not more than six (6) percent alcohol by volume, and the sale of beverages of high alcoholic content containing more than six (6) percent alcohol by volume, whether for sale for consumption on the premises or by package, is prohibited in Ward Eleven.
(Ord. of 6-14-94, § 4-79)
Parish Ordinances
Sec. 6-19. Prohibition.
It shall be unlawful for any person to sell, offer to sell, have in possession for sale or otherwise dispose of any alcoholic beverages containing more than one-half percent alcohol by volume.
(Ord. No. 33, art. I, § 1, 10-17-1981)
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.
Parish Ordinances
Sec. 4-3. Hours of operation; penalties.
The hours of operation of all Class A, B or R license holders shall be from 6:00 a.m. daily until 3:00 a.m. the following day, Monday through Sunday. It shall be a criminal offense and as well a violation of this article for any holder of such detailed dealers license permit issued under this article, for a servant, agent or employee of same to dispense, in any manner, beverages described in section 4-1 of this chapter between the hours of 3:00 a.m. and 6:00 a.m.
Whoever violates the provisions of this section shall be fined not more than five hundred dollars ($500.00) nor imprisoned for more than sixty (60) days, or both.
(Ord. No. 49-2008, § 1, 2-26-2008)
Sec. 4-9. Employees in general.
Classified employee shall also mean any person employed or used in a Class A or R licensed retail business who, as a function of their duties, dispenses, sells or serves any alcoholic beverages as described in section 4-1 of this chapter. 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, exotic dancers, bouncers, disc jockeys, cocktail waiters and cocktail waitresses, except that this subsection shall not apply to persons holding a dealer’s permit, or to a person holding a waiter/waitress alcoholic beverage permit as described in this chapter.
Retail clerk means 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 section 4-1 of this chapter. Persons required to hold permits 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 sales clerks, retail clerks, and check-out counter clerks.
Waiter/waitress means any person employed or used in a Class A, R, or Class A caterer 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. Persons required to hold permits, under this classification shall be referred to as waiter/waitress.
(Ord. No. 49-2008, § 2, 2-26-08)
Sec. 4-39. Zoning.
(a) All zoning requirements as required by the zoning ordinance of the city must be met prior to the time an application for an alcoholic beverage license is filed with the tax administrator or the city.
(b) It shall be unlawful for any person to sell or have in possession for sale or offer for sale any alcoholic beverage except in the commercial districts, and the industrial districts known as zoning districts “CBD”, “C-2”, “I-1” and “I-2” respectively, as defined and outlined in chapter 28 except by a special exception provided by ordinance of the city council. Such amendment shall be limited to the present tenant/owner and present use of structure. These special exceptions shall expire immediately upon change of tenant/owner or use.
(c) Where any zone “CBD”, “C-2”, “I-1” or “I-2” border upon a district designated in chapter 28 as “SF-1”, “SF-2” or “SF-3”, no sale of such beverage shall be allowed within three hundred (300) feet of any residence unless a special exception has been recommended by the Alcohol Beverage and Drug Abuse Control Commission and approved by ordinance of the City Council permitting the sale of alcoholic beverages within three hundred (300) feet of any residence, provided that this restriction shall not apply to Class B or C permits.
(d) No person operating a business which is presently classified as a nonconforming commercial use, as defined in the zoning ordinance of the city may apply for or be issued a Class A license or permit without first obtaining a petition of fifty-one (51) percent of the property owners within a three-hundred-foot radius of such business.
(Ord. Sec. 4-40. Public nuisances in the City of Alexandria; factors to be considered; procedure to abate; penalty and revocation.
(a) It shall be unlawful for any licensee/permittee’s establishment, place of business, and/or premises to become a public nuisance and against the public good and welfare of the community. In addition to other penalties provided in this chapter, any combination of the following activities that total to twelve (12) points within any twelve (12) consecutive month period shall be considered a public nuisance. Incidences or complaints may be considered by the mayor on recommendation of the chief of police. 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 (4) points.
(2) Drug-related activity: Arrests for any violation of any provision of the Louisiana Uniform Controlled Dangerous Substance Act, R.S. 40:961 et seq., on the premises of the establishment; or for activities arising out of the premises of the establishment. Four (4) points.
(3) Prostitution-related activity: Arrests for prostitution or solicitation for prostitution or any related provisions of the Louisiana Criminal Code, 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 (4) points.
(4) Sale of alcohol beverages to minors. Three (3) points.
(5) Sale of tobacco or tobacco products to minors. Three (3) points.
(6) Sale, exhibition or distribution of materials harmful to minors. Three (3) points.
(7) Disturbance-related activity:
- Arrests and/or citations arising out of disturbances from the premises of the establishment. Two (2) points.
- 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 (3) points.
- In evaluating the points assessed against a licensee/permittee for a violation of subsections 4-40(a)(7)a. or b., the mayor may, in his sole discretion, reduce points by up to one-half (½) of the prescribed points if the licensee/permittee demonstrates, to the satisfaction of the mayor, that the licensee/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 mayor indicating that a permitted establishment shall have become a public nuisance, the mayor 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 mayor shall initiate a hearing and shall make a recommendation of revocation to the alcohol beverage and drug abuse control commission.
(c) The mayor shall, in accordance with this chapter, and after a hearing before the alcohol beverage and drug abuse control commission and upon a finding of revocation, authorize the tax administrator to 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 twenty-four (24) months.
(d) Before any permit is revoked pursuant to this section, the licensee/permittee shall be entitled to a hearing before the alcohol beverage control commission. A permit may be revoked pending any appeal to any court of competent jurisdiction, unless in the ruling of the alcohol beverage control commission a stay of revocation is entered and a cash bond in favor of the city in an amount set by the alcohol beverage control commission is posted with the mayor.
(e) Upon surrender of a permit covering an establishment, place of business or premises that has accumulated a total of six (6) points within a twelve-month period, no permit covering that same establishment, place of business or premises shall be issued for a period for six (6) months from the date of surrender.
(f) The procedures for revocation set out in this section are in addition to other sanctions and powers of the mayor and the alcohol beverage control commission set out in this chapter, and do not supersede or replace other enforcement or penalty provisions of this Code.
(Ord. No. 49-2008, § 4, 2-26-08)
No. 49-2008, § 3, 2-26-08)
Parish Ordinances
Sec. 3-5. – Operating hours.
(a) It shall be unlawful for all barrooms, nightclubs, lounges, and all places selling alcoholic beverages, including package liquor, regardless of whether food and food items are primarily sold therein, to remain open after 2:300 a.m. and to reopen any earlier than 6:00 a.m. the same day. It shall be unlawful for any such establishment to dispense alcoholic beverages later than 2:00 a.m.
(b) Any person violating the provisions of subsection (a), upon conviction, shall be fined not exceeding three hundred dollars (0.00) or be imprisoned for not more than ninety (90) days or both, and the liquor license shall be suspended or revoked in accordance with law.
(Ord, of 1-8-74; Ord. of 12-22-81; Ord. of 11-10-87, § 1; Ord. of 1-8-91)
Sec. 3-6. – Consumption of alcoholic beverages in public places; exemptions; waivers.
(a) Definitions.
(1) Opened drinking containers means any glass, plastic, paper, metal or other container from which liquids may be consumed and which are not closed or covered in such a manner whereby liquids cannot be introduced into or removed therefrom, including open bottles, jugs, glasses, cups, goblets, mugs, jars or similar containers.
(2) Alcoholic beverage means any fluid or solid capable of being converted into fluid, suitable for human consumption, and containing more than one-half of one (0.5) percent alcohol by volume, including malt, vinous, spirituous, alcoholic or intoxicating liquor, whiskey, rum, vodka, gin, beer, porter, ale, stout, fruit juices, wine or similar beverages.
(b) It shall be unlawful:
(1) For any person to drink any alcoholic beverage in or upon any public street, alley, sidewalk, right-of-way, park, playground, square or other public place in the Parish of Pointe Coupee.
(2) For any person to carry an opened drinking container containing any alcoholic beverage in or upon any public street, alley, sidewalk, right-of-way, park, playground, square or other public place in the Parish of Pointe Coupee.
(3) For any person to possess any opened drinking container containing any alcoholic beverage in or upon the parking lot or other property belonging to or adjacent to any premises licensed to sell alcoholic beverages. The provisions of this subsection shall not apply to any parking lot or other property belonging to or adjacent to any premises licensed to sell alcoholic beverages for public consumption within its premises.
(4) For any person to remove an opened drinking container containing any alcoholic beverage from any business, lounge, restaurant or other establishment licensed to sell same, except such removal from premises licensed to sell alcoholic beverages for public consumption within its premises and then only onto the parking lot or other property belonging to or adjacent to any such premises.
(c) Upon conviction of the provisions of this section the offender shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and/or imprisoned for not more than ninety (90) days in the parish jail.
(d) Notwithstanding the prohibitions contained hereinabove the Pointe Coupee Parish Police Jury shall have the authority to grant a special permit and waiver to persons or organizations who apply therefor, including but not necessarily limited to those who have rented any public facilities or public areas for the conduct of wedding receptions, parties, or other functions such as fairs and/or festivals. The cost of said permit shall be as fixed by a vote of the Pointe Coupee Parish Police Jury and shall authorize the persons or organizations receiving permits for the use of said facilities or public areas to serve alcoholic beverages for consumption in approved containers during the conduct of such functions.
(Ord. of 6-8-93, § 1)
