(a) It shall be unlawful for any alcoholic beverage permit holder to allow any employee to handle, sell or serve alcoholic beverages of high or low alcoholic content for consumption on or off the premises, unless such employee is in possession of an alcoholic beverage handling employee card issued under the authority of this division. Before employing any person to handle, sell or serve alcoholic beverages, the permit holder shall notify the police department of the intended employment and shall have such person obtain an alcoholic beverage handling employee card prior to handling, selling or serving alcoholic beverages for consumption on or off the premises of any establishment for which a permit is required by this chapter. The permit holder shall also notify the police department upon termination of employment of any alcoholic beverage handling employee.
(b) It shall be unlawful for any employee to handle, sell or serve alcoholic beverages for consumption on or off the premises of any establishment for which a permit is required by this chapter unless such employee has in his or her possession a current valid alcoholic beverage handling employee card and displays it upon demand of any law enforcement officer or agent.
(c) For purposes of this section, the term “possession” shall mean the employee shall have the card on his or her person. The employer shall also maintain on file a copy of the current card for all current employees. In the event the employee does not have the card on his or her person, but the employer has the card on file, it shall not be considered a violation of this section by the employer.
(d) The provisions of this section shall not apply to persons selling beverages of low alcoholic content on a volunteer basis without pay on the premises of a city-sponsored fair or festival or a city-owned sports facility, when a portion of the proceeds are retained by a nonprofit organization. Any person selling alcoholic beverages as a volunteer for special events on city owned sports facilities, festivals or fairs must be at least 18 years of age. Persons selling alcoholic beverages at these functions are exempt from the requirements of possession of an alcoholic beverage handling employee card but are subject to all other provisions of this chapter.
(e) It shall be unlawful for any employee working in the capacity of a security guard in the B-4 central business district to perform security duties pursuant to the requirements of this chapter unless such employee has in his or her possession a current valid “security guard” alcohol beverage handling employee card. When making application, applicants must provide a valid state board of private security examiners classroom training verification form signed by a certified instructor or valid P.O.S.T certification identification card. This card is issued solely for the identification of security guards and will not permit the bearer to perform any other duties.
(Ord. No. 118, 2000, 8-22-00; Ord. No. 60, 2008, 7-8-08)
Editor’s note—
Subsection (e) shall become effective October 6, 2008.
Sec. 10-66. Qualifications of applicant.
(a) Each applicant for a Class 1 alcoholic beverage handling employee card shall meet the following qualifications and conditions:
(1) He/she must be a person of good character and reputation and 18 years of age or older.
(2) If the person has been convicted of a felony under the laws of the United States, the State of Louisiana or any other state or country, he will not be eligible until the expiration of the sentence, including probation and parole. This provision shall not apply to a conviction for which the applicant has received a first offense pardon under the laws of the State of Louisiana.
(3) He has not been convicted in the last two years in this or in any other state or by the United States or any other country of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place, illegally dealing in controlled dangerous substances or any violation of the controlled dangerous substance statute.
(4) He must not have been convicted of an offense within the last two years of two or more violations of the provisions of any municipal or parish ordinance or state law relating to alcoholic beverages.
(5) He must not have had a dealer’s permit revoked in the last three years which was issued in his name or in the name of a partnership of which he was a partner or in the name of a corporation in which he was a stockholder.
(6) He must not have had his alcoholic beverage handling employee card revoked within the last two years.
(7) An applicant must certify in writing on a form approved by the chief of police that prior to issuance of an ABO card, he or she has read and is familiar with and will comply with the requirements of this chapter.
(b) Each applicant for an alcoholic beverage handling employee card shall meet all of the qualifications set forth in subsection (a) of this section; provided, however, that the requirements of subsections (a)(2),(3), and (4) may be waived by the chief of police for good cause and a site-specific ABO card may be issued with written approval of the owner/manager of the business.
(Ord. No. 118, 2000, 8-22-00)
Sec. 10-80. Sales locations to conform to zoning ordinance; exemptions for private parties, private promotional parties and promotional tastings.
(a) It shall be unlawful for any person to sell, barter, exchange or otherwise dispose of alcoholic beverages except within those sections of the city wherein such sale is permitted by the applicable zoning ordinance.
(b) The provisions of this section shall not apply to the sale of alcoholic beverages of low alcoholic content or wine by a retail dealer on the premises of the following: the Louisiana State Fair, Holiday in Dixie, Red River Revel, and such other fairs and festivals as approved by the city council. This exemption shall apply only during the duration of each event.
(c) The provisions of this section and of section 10-82 shall not apply to a bona fide private party or bona fide private promotional party, provided:
(1) It is held on the premises and within an enclosed building of a business establishment zoned commercial or industrial or SPI-2 and SPI-2/B3;
(2) The party is hosted and sponsored by the owner of the place of business where the party is to be held or by an individual, partnership, corporation or association having a written agreement with the owner of the place of business where the party is to be held;
(3) In the case of a bona fide private party, a legibly printed or typed and alphabetized guest list is prepared, invitations are distributed, and no one other than specific invitees thereto shall gain admittance;
(4) In the case of a bona fide promotional party, it is not open to the general public,
(5) No money, cover charge, dues, fee, or other emolument for food or beverage is charged or otherwise collected, either directly or indirectly, from guests, attendees or others, other than a fee for the use of the premises paid by the party host or sponsor to the owner of the place of business; and
(6) In the case of a bona fide private party, on-the-premises consumption of beverages of high or low alcoholic content is not used to induce or attract customers or clients to show, explain or sell to them products or services.
(d) The provisions of this section and of section 10-82 shall not apply to a promotional tasting conducted in accordance with the following rules and restrictions:
(1) For the purposes of this section, promotional tasting means a tasting of alcoholic beverages for the purpose of allowing a consumer to try the taste of a product, conducted by an establishment holding a current alcoholic beverage retail dealer’s permit.
(2) The location shall be limited to those sections of the city wherein package sale of the product to be tasted is permitted and has been approved in accordance with the applicable zoning ordinance.
(3) No retail dealer, wholesaler, or manufacturer shall furnish a sample of an alcoholic beverage in a greater quantity than two ounces per brand to each individual and no individual shall consume more than two ounces of each brand of alcoholic beverage provided at the tasting. Provided, however, the tasting of a beverage having an alcohol content of more than 23 percent by volume shall be limited to one-half ounce per brand per individual.
(4) All promotional tastings shall be limited in duration to one day. No more than two tastings per brand of beverage alcohol shall be conducted on the same licensed premises in any month.
(e) Any business desiring to hold a bona fide private party or bona fide promotional party, and any retail dealer desiring to hold a promotional tasting, shall first apply to the chief of police for an alcoholic beverage permit for that purpose and shall provide the following information:
(1) Date and location of the party or tasting.
(2) Identification and address of the host.
(3) In the case of a bona fide private party, a legibly printed or typed and alphabetized guest list.
(4) In the case of a promotional party, expected number of invited guests.
(5) Proposed hours of the party or tasting, which shall be limited to the hours such establishment could be open for business under the applicable zoning ordinances and which in no event shall exceed the hour of 12:00 midnight.
Such permit applications shall be submitted to the chief of police no later than ten days prior to the proposed time and date for the party or tasting. Any application or permit issued pursuant to this section shall be subject to denial, revocation or suspension for any grounds that a retail dealer’s liquor application or permit may be revoked or suspended. The provisions of 10-45 and 10-133 will be followed for any denials and appeals. The fee for such permit shall be $25.00, which shall be paid in cash to the city prior to the issuance of the permit.
(f) The provisions of this section shall not apply to an event catered by a person holding a valid caterer’s permit issued in accordance with section 10-53
(Ord. No. 118, 2000, 8-22-00; Ord. No. 130, 2001, 9-25-01; Ord. No. 149, 2005, 9-27-05)
Editor’s note—
Ord. No. 149 of 2005, adopted September 27, 2005, changed the title of § 10-80 from “Sales locations to conform to zoning ordinance; exemptions for private parties and private promotional parties” to “Sales locations to conform to zoning ordinance; exemptions Sec. 10-171. Hours of operation of retail and wholesale dealers.
(a) Except as provided in sections 10-180 through 10-184, and as otherwise provided by this chapter, it shall be unlawful for any retail dealer or wholesale dealer to be open for business within the city between the hours of 2:30 a.m. and 7:00 a.m. as a retail dealer or wholesale dealer of alcoholic beverages.
(b) The prohibitions contained in section (a) of this section shall not apply to any retail dealer who sells alcoholic beverages for consumption on the premises and whose premises are located in any area zoned B-4, Central Business District, under Ordinance No. 184 of 1957, the zoning ordinance of the City of Shreveport, or any amendment thereto. It shall be unlawful for any retail dealer operating in such areas to be open for business between the hours of 6:30 a.m. and 10:00 a.m. as a retail dealer of alcoholic beverages.
(c) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.
(Ord. No. 118, 2000, 8-22-00)
Sec. 10-172. Dealers to be closed between certain hours on Sunday and Monday; exceptions.
(a) Except as provided in sections 10-180 through 10-184 and as otherwise provided in this section, it shall be unlawful for any retail dealer or wholesale dealer to be open for business in the city between the hours of 2:30 a.m. Sunday and 7:00 a.m. Monday as a retail dealer or wholesale dealer of alcoholic beverages.
(b) Retail dealers operating in compliance with all other applicable provisions of this chapter and all applicable provisions of the zoning ordinance may sell packaged beverages of low alcoholic content and packaged wine for consumption off the premises on Sunday, during the hours such establishment is permitted to be open for business under the applicable zoning ordinances, but in no event before the hour of 7:00 a.m. or after the hour of 12:00 midnight.
(c) The provisions contained in section (a) above shall not apply to any retail dealer who sells alcoholic beverages for consumption on the premises and whose premises are located in any area zoned B-4, Central Business District, under Ordinance No. 184 of 1957, the Zoning Ordinance of the City of Shreveport, or any amendment thereto. It shall be unlawful for any retail dealer operating in said areas to be open for business between the hours of 6:30 a.m. and 12:00 noon Sunday as a retail dealer of alcoholic beverages.
(d) Notwithstanding the provisions of section (a) of this section, in any year in which December 31 falls on a Sunday it shall not be unlawful for any retail dealer to be open for business as a retail dealer of alcoholic beverages in the city between the following hours on Sunday, December 31 and Monday, January 1:
(1) For retail dealers described in section 10-172, between the hours of 12:00 noon Sunday and 6:30 a.m. Monday.
(2) For all other retail dealers, between the hours of 12:00 noon Sunday and 2:30 a.m. Monday.
(e) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.
(Ord. No. 118, 2000, 8-22-00)
Sec. 10-173. Persons prohibited from entering or remaining on the premises; exceptions.
(a) Except as otherwise provided in this section, it shall be unlawful for any person other than the owner or other persons authorized by the chief of police, or his designee, to enter or remain on the premises of any retail dealer or for any retail dealer to permit any person to enter or remain on such premises during the hours said dealer is not permitted to be open for business. This subsection shall not apply to the premises of a retail dealer of alcoholic beverages during times in which it is open for business other than as a retail dealer of alcoholic beverages and during which no alcoholic beverages are sold or consumed.
(b) The term “owner” as used in this section shall mean the person who owns the premises or has a bona fide written lease therefor, as required in section 10-44. If the owner is a partnership or corporation, it shall designate an individual as its manager/agent who shall be permitted to enter or remain on the premises in accordance with this section. Such designation shall be included in the application for a retail dealer’s permit as provided in section 10-42
(c) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.
(Ord. No. 118, 2000, 8-22-00)
Sec. 10-174. Consumption, possession or control of alcoholic beverages prohibited on sales premises between certain hours; exceptions.
(a) Possession or control, etc. Except as provided in sections 10-180 through 10-184, it shall be unlawful for any person to drink, consume or have in his possession or immediate control any alcoholic beverage in an open container in any place where alcoholic beverages are sold during the hours the dealer is not permitted to be open for business under sections 10-171 and 10-172
(b) Unlawful for dealers, agents, etc., to permit consumption, etc. Except as provided in sections 10-180 through 10-184, it shall be unlawful for any retail dealer or any agent, associate, employee, representative or servant to permit or allow any person to drink, consume or have in his possession or immediate control any alcoholic beverage in an open container in any place where alcoholic beverages are sold during the hours the dealer is not permitted to be open for business
(c) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.
(Ord. No. 118, 2000, 8-22-00)
Sec. 10-190. Drinking in public generally; exceptions.
(a) Except as provided herein, it shall be unlawful to consume alcoholic beverages of high or low alcoholic content within the city limits in or on any of the following areas:
(1) On any public street or sidewalk;
(2) On any property zoned so as to permit only package alcoholic beverage sales;
(3) On the parking lot of a business or on other property of a business where said property is open to the public;
(4) Within the view of the public outside of an enclosed structure on any public or private property, except that this subsection shall not apply to the owner or resident of the property, or the invited guests of the owner or resident when the owner or resident is present.
(5) The provisions of this section shall not apply where said consumption is specifically authorized by ordinance, by the city council or the zoning board of appeals. The provisions of this section shall not apply to property covered by or exempted from coverage under sections 10-191 through 10-193
(b) The provisions of this section shall not apply to persons consuming alcoholic beverages in designated plastic containers on any public street, sidewalk or other public area located within the area bounded by the south bank of Cross Bayou on the north, the north side of Lake Street on the south, the west bank of the Red River on the east, and the east right of way line of Spring Street, not to include any sidewalk or pedestrian thoroughfare parallel and adjacent to Spring Street, on the west; and further includes, Block 48 of the city, known as Festival Plaza, during any special event as permitted and licensed by the city police department pursuant to the provisions of section 10-54 of this Code.
(c) Any retail dealer selling alcoholic beverages for consumption on the premises and located within the area specified in subsection (b) of this section desiring to sell alcoholic beverages for consumption on a public sidewalk shall first make application for such approval in accordance with the provisions of section 78-139 and subsection 106-1127(5).
(d) The provisions of this section shall not apply to persons consuming alcoholic beverages in plastic containers in a designated area located on the grounds of Centenary College during any event authorized by Centenary College. Centenary College shall give the city police department no less than ten days’ written notice which shall include the date, time and description of the designated area of the campus where the event is to be held. If said event is catered by a person holding a valid caterer’s permit issued in accordance with section 10-53, no other alcoholic beverage permit or zoning approval is required.
(Ord. No. 33, 2002, 4-8-02; Ord. No. 114, 2003, 8-8-26-03; Ord. No. 47, 2008, 8-12-08; Ord. No. 62, 2013, 6-25-13)
Editor’s note—
Ord. No. 62 of 2013, adopted June 25, 2013, enacted provisions intended for use as subsection (c). Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection (c).
