It shall be unlawful for any person to sell any alcoholic beverages between the hours of 12:00 midnight Saturday and 5:00 a.m. on Monday.
(Ord. No. 874, 6-11-2012)
Sec. 3-3. – Selling alcoholic beverages to persons in motor vehicles prohibited.
The selling of any alcoholic beverage directly to any person while in, on or otherwise occupying any automobile or other motor vehicle is expressly prohibited within the city.
(Ord. No. 874, 6-11-2012)
Sec. 3-4. – Open containers on streets, sidewalks, other unenclosed public places.
It is unlawful for any person to drink alcoholic beverages from open containers or to have in his possession alcoholic beverages in open containers:
(1)
It shall be unlawful for any person to carry any open container as defined herein in or on any public street, sidewalk, playground or other unenclosed public place within the city limits.
(2)
It shall be unlawful for any person to drink alcoholic beverages of either high or low alcoholic content from any opened container as defined herein, in or on any public street, sidewalk, park, playground or unenclosed public place within the city limits.
(3)
For purposes of this section, “open container” is defined as any drinking vessel made of metal or glass or any container made of metal or glass, upon which the seal has been broken, excluding drinking glasses which are package and which contain no liquid.
(4)
Notwithstanding the provisions of this section, this section shall not apply on dates, times and places specifically authorized by resolution of the governing authority of the city after due consideration at a regular or special meeting called for the consideration of declaring such exemption.
(Ord. No. 874, 6-11-2012)
Sec. 3-35. – Alcoholic beverage card.
(a)
Requirements and exceptions.
(1)
It shall be unlawful for any Class “A” alcoholic beverage permit holder to allow any employee to work at their permitted outlet without a valid alcoholic beverage card.
(2)
This provision is not applicable to an employee of any Class “A” alcoholic beverage outlet whose principal business activity is the operation of a restaurant or any outlet which has a nonprofit tax exempt status such as religious or fraternal organization.
(b)
Qualifications of applicant. Each applicant for an alcoholic beverage employee card shall meet the following qualifications and conditions.
(1)
He must be a person of good character and reputation and over eighteen (18) years of age.
(2)
He must not have been convicted of a felony under the laws of the United States, the State of Louisiana, or any other state or country, within five (5) years prior to application.
(3)
He must not have been convicted in this or any other state or by the United States of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, illegally dealing in narcotics or any violation of the controlled dangerous substances statute, within five (5) years prior to application.
(4)
He must not have been convicted of violating any of the provisions of this chapter.
(5)
He must not have had his alcoholic beverage employee card revoked within two (2) years prior to application.
(6)
He must not have been convicted of violating any municipal or parish ordinance relating to alcoholic ordinances, within two (2) years prior to application.
If the applicant for a card does not possess the required qualifications, the card shall be denied.
(c)
Issuance of card. Issuance of card shall be as follows:
(1)
All employees hired after July 1, 2006, must possess a valid alcoholic beverage employee card prior to employment.
(2)
All employees hired prior to July 1, 2006, must possess a valid alcoholic beverage employee card by August 1, 2006.
(3)
Alcoholic beverage employee cards must be obtained at the Calcasieu Parish Sheriff’s Office. A valid form of identification must be submitted.
(4)
All applicants must meet the criteria of subsection (b) above and be approved by the Calcasieu Parish Sheriff’s Office.
(5)
Once approved, a picture ID card will be issued which includes fingerprints and other vital statistics necessary for proper identification.
(6)
This card must be kept in the possession of the alcoholic beverage employee at all times. This card is not transferable.
(7)
Every permit holder must renew all of his employees’ alcoholic beverage employee cards yearly, by submitting same, with any applicable costs, to the Calcasieu Parish License Officer by November 1 of the next preceding year.
(8)
Any individual who possesses a valid alcoholic beverage employee card and becomes employed by any permit holder after November 1 of any year must have his card validated by January 1 of the next preceding year.
a.
A permit holder’s failure to submit such with his application for renewal of his Class “A” permit with the appropriate cost, could be reason for denial or suspension.
b.
A permittee will be notified by the Calcasieu Parish License Officer or the Calcasieu Parish Sheriff’s Office if any employee no longer qualifies under the criteria of subsection (b) above. If any additional information is necessary, (i.e., new photograph, address change, name change, etc.), the employee must submit the requested information to the Calcasieu Parish Sheriff’s Office or be subject to a suspension of his card.
c.
If all employees meet the criteria, the card(s) will be mailed back to the permit holder prior to January 1 of each year.
d.
All cards not validated by January 1 of each year become void.
(9)
Fees.
a.
Initial fee: $20.00.
b.
Replacement fee: $5.00 (i.e., if lost, destroyed or for any other reasons the employee did not have his card renewed).
c.
Renewal fee: $5.00 per employee.
under subsections a and b above, the individual must personally apply at the Calcasieu Parish Sheriff’s Office.
(10)
Any applicant who is not qualified and/or approved by the Calcasieu Parish Sheriff’s Office has a right to appeal under subsection (f) hereinafter.
(d)
Valid on premises of any permit holder; exception. A card for an alcoholic beverage employee shall be good and valid for use on the premises of any alcoholic beverage permit holder, provided that permit holder has notified the Calcasieu Parish Sheriff’s Office of the name and address of the alcoholic beverage employee card holder prior to the employee’s employment.
(e)
Suspension or revocation generally.
(1)
An alcoholic beverage employee card may be suspended or revoked by the Calcasieu Parish License Officer if, at any time, the holder thereof fails to meet the qualifications prescribed by subsection (b) above or if he violates any provisions of Chapter 3 of the Code of Ordinances of the City of DeQuincy.
(2)
Before any alcoholic beverage card is suspended or revoked, the holder thereof shall be given notice of his right to a hearing before the sheriff and the Calcasieu Parish License Officer, or their designees. Such notice shall inform the card holder of the reasons for the suspension or revocation of the card and shall inform the card holder that, unless a hearing is requested within ten (10) days from the date the notice is sent, the card will immediately be suspended or revoked. Such notice shall either be delivered personally to the card holder or shall be sent by registered mail to the card holder’s last known address.
(3)
In the event a hearing is not requested within ten (10) days of the date such notice is sent, the sheriff and the Calcasieu Parish License Officer may proceed forthwith to revoke or suspend the alcoholic beverage employee card. In the event a hearing is requested by the card holder, the Calcasieu Parish License Officer shall inform the card holder of such hearing, which hearing shall be held within ten (10) days of the date of the receipt of the request for a hearing.
(f)
Appeal. The holder of an alcoholic beverage employee card who feels aggrieved by a decision of the Calcasieu Parish Sheriff’s Office and/or the Calcasieu Parish Licensing Officer in denying, suspending or revoking such card, may within ten (10) days of the notification of the decision, appeal to the Calcasieu Parish Alcohol Review Committee. Unless a majority of the Calcasieu Parish Police Jury, at a hearing on such appeal, votes to overrule or modify the action of the sheriff or the Calcasieu Parish Licensing Officer, the decision will be maintained.
(g)
Falsification of application. Any attempt to falsify or actual falsification of any information contained within the application for an alcoholic beverage employee card by the applicant shall be construed as an attempt to circumvent the restrictions of section 3-19 and shall be deemed a violation of same, subjecting the applicant to disapproval for the issuance of the card in addition to any penalties set forth in Louisiana Revised Statute 14:59(5).
(Ord. No. 874, 6-11-2012)
State law reference— Liquors—Alcoholic beverages, local regulatory ordinances, R.S. 26:494. (Back)
