Sec. 3-7. – Zoning laws not affected; no permit granted in violation thereof.
No provision of this chapter shall be construed as modifying, amending, repealing or otherwise affecting any of the provisions of the zoning ordinance of the municipality; and no permit shall be issued to, and no alcoholic beverages shall be sold at, any place or establishment where such sale or possession for sale is not permitted under such zoning ordinance.
Sec. 3-10. – Prohibition of possession or consumption of alcoholic beverages in motor vehicles and in public places.
(a)
Definitions: For the purpose of this section, the following terms shall have the respective meaning ascribed to them:
(1)
Alcoholic beverages: Any liquid, or any solid capable of being converted into fluid, suitable for human consumption, and containing more than one-half of one per cent of alcohol by volume, including malt, vinous, spirituous, alcohol or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider and wine.
(2)
Private motor vehicles: Any motorized vehicle regardless of the number of wheels said vehicle is mounted on.
(3)
Sidewalks, grounds, streets, parks, highways and parking lots: Any public sidewalk, public grounds, public street, public park, public highway, or public parking lots within the Town of Farmerville; any privately owned parking lots within the Town of Farmerville wherein parking is allowed with charge; and public or private school parking lots, within the Town of Farmerville.
(4)
Open container: Any container or receptacle containing alcoholic beverages, wherein the seal or stamp has been broken, or any container, bottle or can containing alcoholic beverages that has been open subsequent to the filling of such container by the manufactory, brewery or distillery of such alcoholic beverages. Alcoholic beverages contained in drinking glasses, cups, including plastic glasses and styrofoam cups, regardless of whether such container has a top affixed thereto, shall be deemed an open container.
(b)
It shall be unlawful for any person to drink, consume or possess alcoholic beverages in an open container in any motor vehicle when such vehicle is upon the sidewalks, grounds, streets, parks, highways and parking lots, as defined above within the Town of Farmerville.
(c)
It shall be unlawful for the owner of any private motor vehicle or the driver, if the owner is not then present in the motor vehicle, to knowingly keep or allow to be kept in a private motor vehicle when such is upon the sidewalks, grounds, streets, parks, highways or parking lots of the Town of Farmerville as defined above, any alcoholic beverage in an open container. This provision shall not apply to alcoholic beverages possessed in the trunk of the motor vehicle, and shall not apply to alcoholic beverages possessed in motor vehicles that are not equipped with a trunk, provided that the alcoholic beverage is in some other area of the motor vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and the passenger.
(d)
No person shall drink, consume or possess any alcoholic beverages in an open container on any sidewalks, streets, grounds, parks, highways, or parking lots in the Town of Farmerville as defined above.
(e)
Nothing contained herein shall be interpreted so as to prevent the sale of alcoholic beverages by any holder of a valid liquor license as issued by the State of Louisiana or the Town of Farmerville, whether such sale is by individual container or otherwise.
(f)
Whoever violates the provision of this section shall be punished by a fine not exceeding $500.00, or imprisonment for a term not exceeding 60 days or both such fine and imprisonment, within the discretion of the court.
(g)
If any provision or item of this section or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this section which can be given effect without the invalid provisions, items or applications and to this end the provisions of this section are hereby declared severable.
(Ord. No. 6-86, 8-11-86)
Sec. 3-50. – Closing hours—Specified; compliance.
(a)
All places of business where alcoholic beverages are kept, sold, stored for sale at retail, including without limitation thereto, convenience stores, grocery stores and any other retail establishments where alcoholic beverages are sold, stored for sale at retail, shall cease the sale of all alcoholic beverages from 12:00 midnight Saturday until 2:00 p.m. Sunday.
(b)
All places operated as a bottle club, private club, or business where alcoholic beverages are kept, sold, stored for sale, served or consumed, including without limitation thereto, cabarets, nightclubs, road houses, saloons, and public dance halls where alcoholic beverages are sold, stored for sale at retail, served or consumed, shall close their places of business at 2:00 a.m. and remain so closed until 6:00 a.m. of the following morning, except that they shall be closed from 2:00 a.m. Sunday until 6:00 a.m. of the following Monday morning; and, during the hours when same shall be closed, all business activities on the premises shall cease.
(Code 1964, § 3-18; Ord. No. 4-74, 4-30-74; Ord. No. 01-03, 6-9-2003; Ord. No. 03-05, 3-14-2005; Ord. No. 03-09, 6-9-2009)
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