Sec. 50-16. Sales of beverages outside of licensed premises prohibited.
It shall be unlawful for any person, firm or corporation to serve spirituous, vinous or malt liquors containing more than six percent alcohol by volume outside of the place or premises for which a permit has been granted; provided, that nothing in this Section shall prevent the delivery of such liquor in unbroken or unopened packages or containers.
(Ord. No. 234, § 5, 11-14-35)
Sec. 50-17. Licensed premises, closing hours.
(a) It shall be unlawful for any retail or wholesale dealer to sell or otherwise dispense alcoholic beverages or to permit or admit any member of the public into an establishment or part thereof, where alcoholic beverages are the principal commodity between the hours of 2:00 a.m. and 8:00 a.m., Tuesday through Saturday, and between the hours of 2:00 a.m. on Sunday until 8:00 a.m. the following Monday.
(b) In any establishment or part thereof where alcoholic beverages are the principal commodities sold or handled the alcoholic beverage permit holder shall remove all patrons and members of the public from the premises by 2:00 a.m., Tuesday through Saturday, and lights in the premises shall be extinguished including outside lights until the premises opens for business as provided in subsection (a) of this section, except that the permit holder and his employees or agents may enter the closed premises for purposes of cleaning, taking stock or other work in the establishment.
(c) It shall be unlawful for any person to purchase or solicit any other person to sell beverages of high or low alcoholic content within the city limits at such times and places when and where such sales are prohibited.
(d) (1) Notwithstanding the prohibition contained herein, religious, fraternal or social clubs whose parish, state, or national chapters or organizations have been granted tax exempt status under Section 501 of the Internal Revenue Code or its successor may sell beverages of high or low alcoholic content to their members and the guests of their members, by the drink, on club premises, for consumption on club premises, between the hours of 1:00 p.m. and 9:00 p.m. on Sundays.
(2) Any club wishing to sell alcoholic beverages on Sundays in accordance with the foregoing section and which does not already hold a license and permit from the city to sell alcoholic beverages must apply for and obtain the appropriate license and permit, prior to making any sales.
(3) For the purpose of satisfying the requirements for the issuance of the license and permit mentioned above, all the members of the local governing board or the members holding local club offices and the person or persons who will conduct the sales or manage the premises which alcohol is sold must satisfy the conditions set out in section 50-6(a) of the Leesville Municipal Code subsections (1) through (9).
(Ord. No. 234, § 6, 11-14-35; Ord. No. 85, 7-22-85; Ord. No. 16/89, 11-13-89; Ord. No. 19/89, 11-27-89; Ord. No. 8/07, § 1, 5-24-07)
Sec. 50-19. Sales of alcoholic beverages on election days prohibited.
It shall be unlawful for any person, firm, or corporation to sell or otherwise dispose of any intoxicating liquors within the corporate limits of the City of Leesville, Louisiana, on election days and establishments conducting such business shall be closed for such purpose from 12:00 midnight of the day preceding the election until 8:00 a.m. of the day following the election.
(Ord. No. 234, § 1, 11-14-35)
Sec. 50-25. Required.
Every alcoholic beverage handling employee shall obtain an alcoholic beverage handling card prior to entering into employment on an alcoholic beverage permit holder’s premises.
(Ord. No. 85, 7-22-85)
Sec. 50-26. Qualifications and conditions.
(a) Each applicant for an alcoholic beverage handling employee card shall meet the following qualifications and conditions:
(1) Applicant must be a person of good character and reputation and 18 years of age or older.
(2) Applicant must not have been convicted of a felony under the laws of the United States, this state or any other state or country.
(3) Must not have committed prostitution, soliciting for prostitution, pandering, letting premises for prostitution, B-drinking, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place, illegally dealing in narcotics or any violation of the controlled dangerous substances statute. A conviction is not required.
(4) Applicant must not have been convicted of violation any provisions of this chapter.
(5) Applicant must not have had his alcoholic beverage handling employee card revoked within two years next preceding this application.
(6) Applicant must not have been convicted of violating any municipal or parish ordinance relating to alcoholic beverages. In such case, the granting or denial of a card is within the discretion of the mayor or his designee.
(7) Must not have committed any obscene, lewd or immoral act on any premises for which a permit has been issued under this chapter. A conviction is not required.
(b) If the applicant for a card does not possess the required qualifications, the permit shall be denied.
Sec. 50-33. Unlawful to dispense alcoholic beverages without card.
It shall be unlawful for any alcoholic beverage permit holder to allow any alcoholic beverage handling employee including, but not limited to waiters, waitresses, barmaids, bartenders, manager, dancers, maintenance mean and floormen to be present on the premises when alcoholic beverages or containers thereof are handled, dispensed or consumed on the premises unless such alcoholic beverage handling employee is in possession of an alcoholic [beverage] handling employee card issued under the authority of this division. Immediately after employment of any alcoholic beverage handling employee, the permit holder shall notify the city police department of such employment and such alcoholic beverage handling employee.
(Ord. No. 85, 7-22-85)
(Ord. No. 85, 7-22-85)
Sec. 50-55. Licensed premises, closing hours.
(a) It shall be unlawful for any person, persons, or corporation to sell or otherwise distribute, within the city, any beverage which may tend to intoxicate, including beer, with any alcoholic content on Sundays, except between the hours of noon 12:00 p.m. and midnight 12:00 a.m. and except as otherwise provided by section 50-17
(b) (1) Notwithstanding the prohibition contained herein, religious, fraternal or social clubs whose parish, state, or national chapters or organizations have been granted tax exempt status under Section 501 of the Internal Revenue Code or its successor may sell beverages of high or low alcoholic content to their members and the guests of their members, by the drink, on club premises, for consumption on club premises, between the hours of 1:00 p.m. and 9:00 p.m. on Sundays.
(2) Any club wishing to sell alcoholic beverages on Sundays in accordance with the foregoing section and which does not already hold a license and permit from the city to sell alcoholic beverages must apply for and obtain the appropriate license and permit, prior to making any sales.
(3) For the purpose of satisfying the requirements for the issuance of the license and permit mentioned above, all the members of the local governing board or the members holding local club offices and the person or persons who will conduct the sales or manage the premises which alcohol is sold must satisfy the conditions set out in section 50-54 of the Leesville Municipal Code subsections (1) through (10).
(Ord. No. 494, 9-11-56; Ord. No. 16/89, 11-13-89; Ord. No. 19/89, 11-27-89; Ord. No. 8/07, § 2, 5-24-07)
Sec. 50-63. Drinking in public places.
(a) It shall be unlawful for any person to consume alcoholic beverages of high and low alcoholic content on any public street, sidewalk, park, building, including any public school building, school grounds, football stadium, gymnasium, or any place of amusement holding a retail occupation license from the city including skating rinks, bowling alleys, theaters, pool halls, dance halls, and amusement centers.
(b) It shall be unlawful for a holder of a city occupational retail license, his employees or agents, whose principal business is that of amusement, including skating rinks, bowling alleys, theaters, dance halls and amusement centers, to permit patrons of his establishment to consume or possess alcoholic beverages.
(c) This section shall not apply to persons who have alcoholic beverage permits for the city; provided, however, that this exception applies only to alcoholic beverages covered by the holder’s permit.
(Ord. No. 85, 7-22-85)
Sec. 50-76. Closing hours for private clubs and BYOB establishments.
(a) It shall be unlawful for any person or persons, firm or corporation, to give, trade, barter, exchange or sell beer or liquor to any person or persons or allow the consumption thereof on their premises if such is defined as private membership club or designated as a BYOB establishments between the hours of 12:00 o’clock midnight on Saturday and 7:00 o’clock a.m. the following Monday morning, anywhere in the City of Leesville, State of Louisiana.
(b) Time limitation for private clubs and BYOB establishment. It shall be unlawful for any person or persons, firm or corporation, to give, trade, barter, exchange or sell beer or liquor to any person or person or allow the consumption thereof on their premises if such is defined as a private membership club or designated as a BYOB establishment during the period from 2:00 a.m. on any weekday night to 7:00 a.m. the following morning, anywhere in the city.
(c) Unlawful hours. It shall be unlawful for any person or persons, firm or corporation, who is in the business of operating a liquor store, bar, nightclub, saloon or any business engaged principally in selling beer or liquor to allow the consumption thereof on their premises if such is defined as a private membership club or designated as a BYOB establishment to be open between the hours set out hereinabove in subsections (a) and (b) of this section.
(d) Penalties. Any person or persons violating subsections (a), (b) and (c), of this section shall be fined not less than $25.00 nor more than $250.00 or imprisoned for not less than one day or not more than 30 days, or both, for each offense and further, that any person or persons, firm or corporation, violating subsections (a), (b), and (c) of this section shall have his, her or its license suspended or revoked at the discretion of the city council.
(Ord. No. 19/02, 12-20-02)
Sec. 50-150. Drinking of alcoholic beverages on streets, sidewalks or other public properties prohibited.
It shall be unlawful for any person or persons to drink any whiskey, wine, beer, or any other intoxicating liquor upon the streets or sidewalks, publicly owned property, or in publicly owned buildings within the corporate limits of the city.
(Ord. No. 250, § 1, 6-8-37)
Sec. 50-152. Open container law.
(a) Title. This section shall be known as the open container law and shall be in addition to all other laws now in effect in the city, the city council taking cognizance of the fact that this section is deemed to be regulatory in nature, and is passed to meet a public need and emergency affecting life, health, property and public safety.
(b) Definitions. For the purpose of this section, the following terms shall have the respective meanings ascribed to them in this section, unless a different meaning clearly appears from the context:
Alcoholic beverages means and includes all beverages of high and low alcoholic content as defined in this Code.
Motor vehicles means any motorized vehicle including automobiles, trucks, vans, campers, motorcycles or recreational vehicles.
Open container means any of the following:
(1) Any container or receptacle wherein the seal or stamp has been broken; or
(2) Any container, bottle or can that has been opened subsequent to the filling of such container by the manufacturer, brewery, or distillery of such alcoholic beverages; or
(3) Alcoholic beverages contained in drinking glasses, cups, including plastic glasses and styrofoam cups, without lids or seals, or with lids or seals, but with straws protruding therefrom, or with only partial lids or seals; or
(4) Alcoholic beverages contained in other containers regardless of whether such container has a top affixed thereto.
Public street means any public streets, public highways, alley, sidewalk, or public parking lots.
(c) 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 public streets, as defined above, within the city limits of the city.
(d) It shall be unlawful for the operator of any motor vehicle to keep or allow to be kept in a private motor vehicle, when such is upon the public streets in the city as defined above, any alcoholic beverages in an open container. This provision shall not apply to alcoholic beverages possessed in the trunk of a motor vehicle when such vehicle is equipped with a trunk, and shall not apply to alcoholic beverages possessed in vehicles that are not equipped with a trunk such as station wagons, campers, recreational vehicles and blazers provided that the alcoholic beverages are kept in some other area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment shall not be deemed to be within the area occupied by the driver of passengers, if locked.
(e) The provisions of subsections (c) and (d) shall not apply to the following:
(1) Paid fare passengers on a common or contract carrier vehicle, as defined in R.S. 45:162.
(2) Paid fare passengers on a public carrier vehicle, as defined in R.S. 45:200.2.
(3) Persons operating or occupying a motor vehicle 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, provided that said operator or passengers do not consume said alcoholic beverages.
(4) A designated driver being defined as an appropriately licensed driver under the laws of the state or any other state who has a blood alcohol content of less than 0.05g percent during the time that he is performing as a designated driver.
(f) Any person convicted of violating any provisions of this section shall be guilty of a misdemeanor, and, upon conviction for, shall be fined not less than $100.00 nor more than $300.00, or imprisoned for not more than six months, or both, at the discretion of the court.
(Ord. No. 23/95, 7-24-95)
