Sec. 3-26.1. Sale, delivery, dispensing, possession and consumption of alcoholic beverages.

(a)   Supremacy . All provisions of this section shall supersede, though not repeal, any provision of the St. Bernard Code of Ordinances that may be in conflict with this section; may impose a limitation or restriction upon this section; may serve to limit, prohibit, or reduce the penalties that are imposed by this section; or may appear to require that administrative procedures be exhausted or followed before a prosecution may be brought under this section.

(b)   Venue. The Courts of the 34th Judicial District shall have Jurisdiction over prosecutions for any violation of this section.

(c)   Sale, delivery, or dispensing of alcoholic beverages for on premises consumption. Limitations on sales, hours of operation, closing time, possession and consumption.

(1)   All businesses, establishments, persons, firms or corporations who are licensed by the parish to sell, deliver, or dispense alcoholic beverages pursuant to a permit for the retail sale of alcoholic beverages for consumption on the premises, shall close their doors to entry at 4:00 a.m. daily and shall remain closed until 6:00 a.m. daily.

(2)   No holder of a permit for the retail sale of alcoholic beverages for on premises consumption, nor any employee of a permit holder, shall sell, deliver, or dispense nor allow the sale, delivery to a customer, or dispensing of any alcoholic beverage upon the licensed premises between the hours of 4:00 a.m. and 6:00 a.m. daily.

(3)   No person shall request or solicit the holder, nor any employee of a holder, of a permit for the retail sale of alcoholic beverages for on premises consumption, to sell, deliver, or dispense any alcoholic beverage upon the licensed premises in violation of this section.

(4)   All persons on the premises at the time of closing designated herein and who are not the permit holder or an employee of the permit holder, shall be required to leave the premises by 4:15 a.m. and may not leave the premises in possession of any alcoholic beverage.

(5)   No person, whether patron, customer, employee or otherwise, shall at any time, while on the outside of the building of the premises and/or the parking area of a holder of a permit for the retail sale of alcoholic beverages for on premises consumption, possess any alcoholic beverage in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless said container is unopened and sealed.

(6)   Unopened and sealed container shall be defined as a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or other receptacle which has not been opened, or on which a seal or stamp has not been broken, or from which a straw does not protrude.

(d)   Sale, delivery, or dispensing of alcoholic beverages for off premises consumption. Limitations on sales, possession, and consumption.

(1)   All businesses, establishments, persons, firms or corporations who are licensed by the Parish of St. Bernard to sell alcoholic beverages at retail for off premises consumption, and their employees, shall be prohibited from selling, delivering, or dispensing alcoholic beverages between the hours of 4:00 a.m. and 6:00 a.m. daily.

(2)   No person, whether patron, customer, employee or otherwise, shall at any time, consume any alcoholic beverage on the premises of a holder of a permit for the retail sale of alcoholic beverages for off premises consumption.

(3)   No holder of a permit for the retail sale of alcoholic beverages for off premises consumption, nor their employees, shall knowingly permit any individual, whether patron, customer, employee or otherwise, to consume any alcoholic beverage on the premises.

(4)   No person, whether patron, customer, employee or otherwise, shall at any time, while on the premises of a holder of a permit for the retail sale of alcoholic beverages for off premises consumption, possess any alcoholic beverage in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise unless said container is unopened and sealed.

(5)   No holder of a permit for the retail sale of alcoholic beverages for off premises consumption, nor their employees, shall knowingly permit any individual, whether patron, customer, employee or otherwise, to remove any alcoholic beverage from the premises in a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or otherwise, unless said container is unopened and sealed.

(6)   Unopened and sealed container shall be defined as a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or other receptacle which has not been opened, or on which a seal or stamp has not been broken, or from which a straw does not protrude.

(7)   Paragraphs (d)(1), (d)(2), (d)(3), (d)(4), and (d)(5) herein constitute separate offenses within the context of this section.

(8)   Unopened and sealed container shall be defined as a container of any type, whether glass, bottle, can, paper or plastic cup, go-cup, or other receptacle which has not been opened, or on which a seal or stamp has not been broken, or from which a straw does not protrude.

(e)   Required notices.

(1)   All holders of permits for the sale of alcoholic beverages shall post a conspicuous notice inside their premises, not less than eleven (11) inches by seventeen (17) inches in size, as well as by each exit, stating that it is illegal to sell, deliver, dispense, or remove any alcoholic beverages from the premises between the hours of 4:00 a.m. and 6:00 a.m. and that said violators shall be subject to fine and/or imprisonment as provided in parish ordinances.

(2)   All holders of permits for the sale of alcoholic beverages for off premises consumption shall, in addition to the foregoing notice, post a conspicuous notice inside their premises, not less than eleven (11) inches by seventeen (17) inches in size, as well as by each exit, stating that it is illegal at any time to open or consume any alcoholic beverage on the premises and that said violators shall be subject to fine and/or imprisonment as provided in parish ordinances. This notice may be stated as part of the same notice required in (e)(1).

(f)    Exceptions.

(1)   The provisions of this section shall not apply on the following days: January 1; the Saturday, Sunday, and Monday preceding Mardi Gras Day; and Mardi Gras Day itself, but said days shall be counted as calendar days for the purposes of the imposition of penalties hereunder.

(2)   Restaurants and cafeterias, which derive sixty (60) percent or more of their total business from the sale of food items, shall be exempt from the closure provisions of this section provided however, that such restaurants or cafeterias shall be prohibited from selling or dispensing alcoholic beverages between the hours of 4:00 a.m. and 6:00 a.m. daily.

(3)   All businesses, establishments, persons, firms or corporations who are licensed by the Parish of St. Bernard only to sell alcoholic beverages at retail for off-premise consumption, shall be exempt from the closure provisions but not the prohibition of alcoholic beverage sales.

(g)   Penalties: Any person, permit holder, or employee of any permit holder who violates any of the provisions of this section shall be sentenced as follows:

(1)   For the first offense, a fine of not more than two hundred dollars ($200.00), and/or imprisonment for not more than five (5) days in jail, plus costs of the court;

(2)   For the second offense occurring within any period of time consisting of seven hundred thirty (730) consecutive calendar days from the commission of the first offense, a fine of not more than five hundred dollars ($500.00) and/or imprisonment for not more than ten (10) days in jail, plus costs of the court; and/or if applicable, the judicial suspension for up thirty (30) days of the permit to sell or dispense alcoholic beverages;

(3)   For the third offense occurring within any period of time consisting of seven hundred thirty (730) consecutive calendar days from the commission of first offense, a fine of not more than five hundred dollars ($500.00) and imprisonment for not less than five (5) nor more than fifteen (15) days in jail, plus costs of the court; and if applicable, the judicial suspension for not less than thirty (30) days nor more than one hundred eighty-five (185) days of the permit to sell or dispense alcoholic beverages; For the fourth offense occurring within any period of time consisting of seven hundred thirty (730) consecutive calendar days from the commission of the first offense, a fine of not more than five hundred dollars ($500.00) and imprisonment for not less than fifteen (15) nor more than thirty (30) days in jail, plus costs of the court; and, if applicable, the judicial revocation of the permit to sell or dispense alcoholic beverages for a period of two (2) years.

(h)   Notication . The clerk of court shall forward to the chief administrative officer (CAO) and clerk of council a copy of the final disposition by the 34th Judicial District Court of any charges brought hereunder.

(Ord. No. SBPC-648-04-06, § 1, 4-7-06; Ord. No. SBPC-698-01-07, § 1, 1-4-07)