Sec. 10-405. Sales of beverages on Sundays.
Pursuant to the authority contained in R.S. 51:195, any person may engage at retail on Sundays to the extent authorized by and in accordance with the provisions of this Code, the comprehensive zoning ordinance for the city, and other applicable ordinances of the city.
Sec. 10-431. Lewd, etc., behavior prohibited.
No person shall be permitted to create any disturbance of the peace, use obscene language, behave in a lewd, immoral or improper manner or conduct entertainment of such a nature in any business premises mentioned in this chapter.
(Code 1956, § 5-72)
Sec. 10-187. Restrictions on use of force by persons employed by bars, lounges, and nightclubs located within the Vieux Carre.
(a) Persons employed by bars, lounges, and nightclubs located within the Vieux Carre may not use any more physical force than necessary to protect themselves or others, including the patrons of the establishment, in accordance with the following specifications:
(1) The use of force or violence by an employee of a bar, lounge, or nightclub upon the person of another is justifiable only when committed for the purpose of preventing a forcible offense against a person or a forcible offense or trespass against property in a person’s lawful possession; provided that the force or violence used must be reasonable and necessary to prevent such offense.
(2) The use of a sleeper choke hold, which is defined as compression of the neck by the fist or other object used to occlude the upper airway resulting in collapse of the airway and the carotid arteries causing a decrease in oxygen to the brain, by any employee of a bar, lounge, or nightclub while in the actual discharge of their duties, is strictly prohibited.
(b) Every person employed by a bar, lounge, or nightclub located within the Vieux Carre in a capacity in which the job duties, in whole or in part, involve providing security, within 45 days after commencing employment, must successfully complete every two years the training course required by the Louisiana Responsible Vendor Program, R.S. 26:931 through 26:939, which shall include security personnel training modules and an appropriate course content for early identification and risk minimization of alcohol-related disorderly conduct and any other matters which compromise internal safety during business operations. This shall be in addition to the server training requirements of the Louisiana Responsible Vendor Program.
(c) In any instance when any physical force is necessary to overcome resistance or aggression, or to otherwise gain control of a patron or others, the employee shall complete a “use of force report,” which shall be executed on a form provided by the alcoholic beverage control board. The report shall be maintained on the premises for a period of three years and shall be available for review by the New Orleans Police Department or any authorized law enforcement agency upon request. In any case where injury has occurred, the New Orleans Police Department shall be immediately notified.
(d) It shall be unlawful for any person except owner/manager employed by a bar, lounge, or nightclub located within the Vieux Carre to have on his person a firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while in the actual discharge of their duties.
(e) Upon receipt of an application for employment, a criminal background check shall be performed by the bar, lounge, or nightclub located within the Vieux Carre prior to hiring any individual in a capacity in which the job duties, in whole or in part, involve providing security.
(f) Each owner of a bar, lounge, or nightclub located within the Vieux Carre has an affirmative obligation to secure written acknowledgement from every employee that he/she has received and read a copy of this section and that he/she understands said law. The employee’s signed acknowledgement must remain on the premises at all times.
(g) Any time that an officer of the New Orleans Police Department arrives on the scene of any incident at a bar, lounge, or nightclub located within the Vieux Carre, the owner(s)/employee(s) of the establishment must immediately cease any and all use of force and permit the New Orleans Police Department to assume control of enforcement procedures.
(h) Any city alcoholic beverage permit shall be subject to suspension, revocation, or other remedial sanctions as set forth in section 10-160 for any violation of the provisions of this section.
(i) The provisions of this section shall only apply to bars, lounges, and nightclubs located between the river, the uptown side of Esplanade Avenue, the riverside of Rampart Street and the lower side of Iberville Street. The provisions of this section are not intended to apply to restaurants and hotels as defined by the occupational license even though they might have a licensed bar on premises.
(M.C.S., Ord. No. 22027, § 1, 8-4-05)
Sec. 10-236. Restrictions as to property near schools, churches, etc.
(a) It is hereby declared the sense and policy of this section and section 10-238 that no permit shall be granted for the opening of any barroom, saloon, cabaret or other place where alcoholic beverages are sold at retail, to be consumed on the premises within 300 feet of any playground, church, public library, or school. Exempted from these provisions are the following:
(1) Those nonprofit organizations operating upon any city playground or park which sells low content alcoholic beverages during scheduled athletic recreational and/or festival events under a concession rights agreement issued by the department of recreation;
(2) Those nonprofit church or school related or associated organizations or groups which conduct on such church or school property fairs, festivals, meetings or other similar events under and by the authority of the church or school, whose proceeds are used or intended to be used for the benefit of the related church or school;
(3) Any person or corporation who are within the 300-foot prohibited limit, and who obtain by approval of a sworn affidavit of not less than 75 percent of the property owners within such 300 feet, and, which approval, if accompanied by a plan duly signed and dated by licensed surveyor or engineer, shall contain the location of the proposed business, together with the designation on such plan of the proper names, addresses and conveyance office book acquisition of such property by such owners.
(b) The word “school” as used in this section shall not include a school for business education conducted as a business college or school within the city.
(Code 1956, § 5-45)
Cross reference— Streets, sidewalks and other public places, ch. 146.
Sec. 10-237. Restrictions on package liquor stores near churches, schools, etc.
(a) No permit shall be granted for opening of any package house or package liquor store within 300 feet of any playground, church, public library, school, funeral home, or mortuary.
(b) The provisions of this section shall not apply to a package liquor store where the wholesale cost of package liquor stocked and displayed does not exceed 15 percent of the wholesale cost of other merchandise stocked and displayed and where package liquor display does not constitute more than ten percent of all display area and where package liquor is not advertised outside or off the premises. Any permit obtained under this subsection shall be limited to the type or types of establishments represented in the original application. A sworn statement of continued use shall be required before each periodic renewal of such license and the operation of any additional type or variation of type shall be a violation of this section and cause for the immediate revocation of such license by the department of finance.
(c) The provisions of this section shall not apply to package liquor store locations which are licensed to sell alcoholic beverages on the effective date of the ordinance from which this section was derived and which are continuously operated as such with no lapse in the operation for a period in excess of six consecutive months.
(d) The 300-foot distance provided for in this section shall be measured as a person walks, using the sidewalk, from the nearest point of the property line of the playground, church, public library, school, funeral home, or mortuary to the nearest point of the premises to be licensed.
(Code 1956, § 5-45.01)
Sec. 10-238. How distance measured.
(a) The 300-foot distance provided for in section 10-236 shall be measured as a person walks, using the sidewalk, from the nearest point of the property line of the playground, church, public library or school, to the nearest point of the premises to be licensed.
(b) Any permit issued to such business prior to the adoption of this and the preceding sections shall not be affected save and except that such prior existing businesses shall not face any public playground, unless such business was in operation prior to the establishment of the playground.
(c) It shall be unlawful for any person or any other legal entity who is engaged in the operation of any barroom, saloon, cabaret or other place where alcoholic beverages are sold at retail, to be consumed on the premises, to keep or allow to be kept any benches or seats on the sidewalks in the vicinity of any such business establishment.
(d) If a retail or wholesale business has an interruption of the continuity of business for a period in excess of six months, in order to reopen for business, the requirements set forth above must be complied with.
(e) The restrictions contained in this section do not apply to premises which were maintained continuously as a bona fide hotel, railway car or fraternal organization for a period of one year prior to the passage of Ordinance No. 18,537, C.C.S.
(Code 1956, § 5-46)
State law reference— Similar provisions, R.S. 26:81, 26:281.
Sec. 10-239. Section 10-236 not applicable to hotels, etc.
The restrictions contained in section 10-236 do not apply to premises which are maintained as a bona fide hotel, restaurant, fraternal organization, bus terminal or railroad station, nor to any premises licensed to deal in alcoholic beverages for a period of one year prior to May 1, 1953.
(Code 1956, § 5-47)
Sec. 10-402. Restroom facilities required for customers
No person, partnership, firm, corporation or dealer engaged in the sale of alcoholic beverages shall engage in such activity unless the premises at which such activity is to be conducted has a restroom accessible and available to the customers and staff. Each restroom shall be equipped with a commode and a sink with the sink being connected to hot and cold running water. Soap and sanitary towels, or other appropriate hand-drying devices, shall be available at the sink at all times. Common towels are prohibited.
(M.C.S., Ord. No. 21548, § 1, 5-20-04)
Sec. 10-403. Sidewalk seats not permitted.
It shall be unlawful for any person engaged in the operation of any barroom, saloon, cabaret or other place where alcoholic beverages are sold at retail, to be consumed on the premises, to keep or allow to be kept any benches or seats on the sidewalks in the vicinity of any such business establishment.
(Code 1956, § 5-68)
Sec. 10-404. Consumption of alcoholic beverages in parking lots prohibited.
Any person possessing an alcoholic beverage permit shall not permit or allow the sale or consumption of alcoholic beverages on the parking or driveway area of the licensed premises except during carnival parade season.
(Code 1956, § 5-68.1; M.C.S., Ord. No. 18,067, § 1, 2-6-97)
State law reference— Location of business limited, R.S. 26:81, 26:281; local regulatory ordinances, R.S. 26:493.
