(a) No permit shall be granted under this article for any premises situated within three hundred (300) feet or less distance of a building occupied exclusively as a church or synagogue or public library or public playground or school, except school for business education conducted as a business college or school. The limitations of this subsection shall not apply to any premises which are maintained as a bona fide hotel, motel, railroad car or fraternal organization, or restaurants not maintaining a service bar and selling beer only for consumption on the premises; there is further excepted from the provisions of this subsection booster clubs selling beverages of low alcoholic content in accordance with the provisions of section 4-2.5, as amended; however, the sale of alcoholic beverages in packages only, to be taken off the premises, shall be permitted from premises located within three hundred (300) feet or less of a building occupied exclusively as a church or synagogue or public library or public playground or school; provided, however, that in no event shall the permittee allow the consumption of the alcoholic beverages in, on or about the premises wherein the packaged alcoholic beverages are sold. For permits for beverages of high alcoholic content, the measurement of this distance shall be made from the nearest point of the property line of the church, synagogue, library, playground or school to the nearest point of the property line of the premises to be licensed; for permits for beverages of low alcoholic content, this distance shall be measured, as a person walks using the sidewalk from the nearest point of the property line of the church or synagogue, library, playground or school to the nearest point of the premises to be licensed.
(b) The place of business shall not be in a zoned area designating boundaries provided by parish ordinance and adopted pursuant to the zoning laws of this state.
(c) No premises or portion thereof which becomes or remains vacant for a continuous period of six (6) months or which has an interruption of the continuity of business for a period in excess of six (6) months shall reopen for business or again be used as a premises to be licensed except in conformity with the restrictions and requirements of distance set forth above.
(Code 1961, § 3-10; Ord. No. 16603, § 1, 9-11-85; Ord. No. 17016, § I, 9-10-86; Ord. No. 17419, § I, 1-13-88)
State law reference— Similar provisions, R.S. 26:81, R.S. 26:281.
ARTICLE III. CERTIFICATE TO DISPENSE BEVERAGES
Sec. 4-46. Required.
(a) No person shall dispense alcoholic beverages of low or high alcoholic content in any business licensed under the ordinances of the parish for on the premises consumption, without having been certified or qualified to do so by the parish council, and without having complied with the provisions of this article.
(b) However, the holder of a permit to sell alcoholic beverages at a particular establishment may dispense alcoholic beverages at that establishment without having a certificate of qualification required by this article.
(c) Employees hired to dispense alcoholic beverages shall be required to secure a certificate of qualification immediately prior to their employment as such.
(d) No person holding a permit to sell alcoholic beverages for on the premises consumption, and no agent, associate, employee or representative of any such holder of a permit, shall employ or retail anyone who has failed or refused to obtain a certificate of qualification as required by this article.
(Code 1961, § 3-21.2(a), (g), (l))
Sec. 4-47. Exemptions.
Notwithstanding anything contained in this section to the contrary, there is hereby expressly excluded from this article those persons who are employed in places of business whose main or principal business activity is that of serving food, which shall include both restaurants and cafeterias; this provision shall not apply to barmaids, bartenders, cocktail waitresses for those persons whose main business activity is that of serving alcoholic beverages.
(Code 1961, § 3-21.2(r))
Sec. 4-48. Qualifications.
(Code 1961, § 3-21.2(d))
Sec. 4-49. Application.
(a) The application for a certificate of qualification shall be in writing and shall contain the following information:
(1) The full name, sex, date and place of birth, and the marital status of applicant, social security number and driver’s license number if any;
(2) The correct address of applicant;
(3) The name of the place of business of present employment, the name of employer and the correct address of the place of employment;
(4) Name, correct address and the period of employment of the last two (2) places of employment.
(Code 1961, § 3-21.2(e))
Sec. 4-50. Photographs and fingerprints.
Each applicant having a certificate of qualification to dispense alcoholic beverages in a place licensed for on the premises consumption shall be photographed and fingerprinted by the sheriff’s office.
(Code 1961, § 3-21.2(b))
Sec. 4-51. Temporary certificate.
The sheriff shall issue a temporary certificate of qualification immediately upon receipt of any application for a certificate of qualification properly executed upon payment of the fee, provided however, that the certificate shall be probationary only and subject to final action by the parish council.
(Code 1961, § 3-21.2(h))
Sec. 4-52. Issuance upon failure of council to act.
If the parish council fails to act upon any application for a certificate of qualification within sixty (60) days from date of filing the application, properly executed, the applicant shall be entitled to a certificate of qualification, which shall be valid for a period of tune as herein set forth, subject to suspension or revocation for any of the causes as herein set forth.
(Code 1961, § 3-21.2(i))
Sec. 4-53. Denial.
The parish council may refuse-to issue a certificate of qualification to dispense alcoholic beverages to any person who lacks any of the qualifications set forth in sections 4-17 and 4-18 or in the interest of the public health, safety and morals.
(Code 1961, § 3-21.2(n)
Sec. 4-54. Issuance.
The sheriff shall issue a certificate of qualification to each applicant whose application has been approved by the parish council, upon payment of the fee provided in section 4-60 below.
(Code 1961, § 3-21.2(c); Ord. No. 16140, § 2, 8-8-84)
Sec. 4-55. Authority of certificate holder.
(a) Any person over the age of eighteen (18) years legally possessing a certificate of qualification may be designated as a manager of any alcoholic beverage outlet.
(b) Any person legally possessing a certificate of qualification may dispense alcoholic beverages at any alcoholic beverage outlet located within the unincorporated areas of the parish.
(Code 1961, § 3-21.2(m), (n))
Sec. 4-56. Display.
All persons possessing a certification of qualification to dispense alcoholic beverages in a place licensed for on the premises consumption shall have his certification of qualification in his immediate possession at all times while employed and engaged in the dispensing of alcoholic beverages, and shall display it upon demand of any officer or agent of the state board of alcoholic beverages control or any police officer of the state or parish.
(Code 1961, § 3-21.2(j))
Sec. 4-57. Expirations, renewal.
Every certificate of qualification shall expire on the anniversary of the birthday of the applicant which is nearest to a date two (2) years subsequent to the issuing of the certificate of qualification unless revoked or suspended; the sheriff shall issue a renewal certificate of qualification to each applicant whose renewal application has been approved by the parish council, upon payment of the fee provided in section 4-60 below.
(Code 1961, § 3-21.2(k); Ord. No. 16140, § 3, 8-8-84)
Sec. 4-58. Violations; time to correct.
Notwithstanding anything contained in this article to the contrary, any person subject to the provisions of this article shall be given seventy-two (72) hours within which to apply for his initial certificate of qualification, or renewal thereof, from the date of employment or date of expiration of his certificate of qualification, and before an actual arrest or charge can be made for violation of any of the provisions of this article, such person shall be given seventy-two (72) hours warning notice to correct the violation: failure to correct the violation and to make the correction within such period of time, the person shall be subject to be charged with a violation of this article.
(Code 1961, § 3-21.2(g))
Sec. 4-59. Denial, suspension or revocation.
(a) Any misrepresentation, misstatement or suppression of fact in any application or accompanying affidavit and/or any violation of any provision of this chapter and any violation of the state statutes relating to gambling, prostitution, pandering and narcotics shall be sufficient grounds for denial, refusal, suspension or revocation of the certificate.
(b) Any person who alters, defaces or transfers to another his certificate of qualification shall have it suspended or revoked by the parish council.
(Code 1961, § 3-21.2(o), (p))
Sec. 4-60. Fees.
Each applicant for a certificate of qualification, whether original application or application for renewal, shall pay to the sheriff a fee of ten dollars ($10.00) to cover all costs of processing such application, including photographing and fingerprinting of applicants as required in section 4-50 above.
(Ord. No. 16140, § 1, 8-8-84)