ARTICLE V


ALCOHOLIC BEVERAGES, IN GENERAL


EDITORIAL NOTE: Article V formerly appeared as Article I in Chapter 3, of the Code of Ordinances of St.Tammany Parish Louisiana as published by the Municipal Code Corp. 1979-87 as Sections 3-1 through 3-4. Article II appears as Article V of Chapter 3, Sections 3-101.00 through 3-104.00 of this publication.

SEC.

3-101.00 Possession By Minors Prohibited; Enforcement


    A.         Possession of alcoholic beverages of low and high content by persons under the age of eighteen (18) years is prohibited.

    B.         If a police officer reasonably believes that a person is violating the provisions of this Section, the officer shall take such person to the St. Tammany Sheriff's Department. The Sheriff's Department shall then contact the person's custodian and release said person to his custodian. If said person has no legal custodian, his case shall be referred to the proper court authorities for disposition.

    C.         Any minor under the age of seventeen years (17) violating the provisions of this Section shall be found to be "in need of supervision" as defined in La. D.J.P. Article 13 and his case shall be referred to the proper court authorities for disposi tion.

    D.         Any person over the age of seventeen years (17) and under the age of eighteen years (18) violating the provisions of this Section shall be guilty of a misdemeanor and be subject to a fine not to exceed One Hundred Dollars ($100.00). (Ord. No. 84-57, adopted 03/15/84)

SEC.

3-101.01 Misrepresentation of Age


    
    A.    It shall be unlawful for any individual under the age of twenty-one (21) years to present or offer written, printed, or photostatic evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of obtaining or purchasing alcoholic beverages or attempting to enter a licensed establishment where the sale of alcoholic beverage constitutes the main business. (Ord. No. 94-2070, adopted 09/15/94; amended by Ord. No. 94-2124, adopted 11/17/94)

STATE REFERENCE:
LSA R.S. 14:333

SEC.

3-101.02 Unlawful Use of License



    A.    It shall be unlawful for any individual to:

        1.    Display, cause, or permit to be displayed, or to have in one's possession any canceled, revoked, suspended, or fictitious operator's or chauffeur's license, or an operator's or chauffeur's license which has been intentionally altered, or has been caused to be altered;

        2.    Lend one's operator's or chauffeur's license to any person or knowingly permit the use thereof by another;

        3.    Display or represent as one's own any operator's or chauffeur's license not issued to him. (Ord. No. 94-2070, adopted 09/15/94; amended by Ord. No. 94- 2124, adopted 11/17/94)

STATE REFERENCE: LSA R.S. 32:414.1 prohibits the unlawful use of licenses.

SEC.

3-101.03 Violation; Penalty


    A.    The use of a false or fictitious name and/or identification by anyone under 21 years of age for purposes of obtaining and/or purchasing alcoholic beverages or attempting to enter a licensed alcoholic beverage outlet shall constitute a misdemeanor, punishable by one or more of the following in accordance with R.S. 14:333:

        1.    A fine not to exceed TWO HUNDRED DOLLARS ($200.00);
        2.    An appropriate amount of community service not to exceed THIRTY (30) hours;
        3.    Suspension of violator's driver's license for not more than NINETY (90) days;
        4.    TWENTY FIVE DOLLARS ($25.00) finder's fee as set forth herein;
        5.    All court and other costs of the proceeding.

    B.    Each violation hereof shall constitute a separate offense punishable as outlined herein. The imposition of a fine/penalty for any one violation shall not excuse the violation nor shall it be permitted to continue.

    C.    Nothing contained herein shall prevent the Parish from taking such other lawful action deemed necessary by the District Attorney to prevent or remedy violations.

    D.    “Licensed Premises” shall mean an establishment licensed under Title 26 of the Louisiana Revised Statutes of 1950, as Amended, where the sale of alcoholic beverages is a part of its business. (Ord. No. 94-2070, adopted 09/15/94; amended by Ord. No. 94-2124, adopted 11/17/94)

STATE REFERENCE: LSA R.S. 14:333 (B) provides for penalties.

SEC.

3-101.04 Enforcement


    Upon determination, any owner, merchant, seller or operator of a duly licensed alcoholic beverage outlet shall confiscate and surrender every false or fictitious identification to an agency responsible for enforcement hereof. Such person shall be eligible for the $25.00 finders fee upon conviction of the guilty party by a duly authorized court. Said finders fee shall be taxed as costs of the proceeding and will be paid by the St. Tammany Parish Police Jury upon receipt from the St. Tammany Parish Sheriff's Office. (Ord. No. 94-2070, adopted 09/15/94; amended by Ord. No. 94-2124, adopted 11/17/94)



SEC.

3-102.00 Tax


    By virtue of authority granted by Act 190 of the Louisiana Legislature of 1946, there is hereby levied, in addition to all other excises, licenses or privilege taxes presently imposed, a tax on all beer, porter, ale, fruit juices and/or wine, having an alcoholic content of not less than one-half of one percent (0.5%) or more than six percent (6%), by volume, of one dollar and fifty cents ($1.50) per standard barrel of thirty-one gallons (31 gal.), or any like rate of any other quantity, or for the fractional parts of such barrel sold for consumption in the parish, within the meaning and intent of the provisions of Act 190 of the Louisiana Legislature of 1946.

    The tax herein levied shall be collected by any and all Louisiana wholesale dealers from their vendees purchasing for consumption in the parish on each sale and shall be remitted by said wholesale dealers to the collector of revenue of the State of Louisiana, for each month, on or before the twentieth day of each succeeding month, respectively, all in accordance with rules and regulations promulgated by the collector of revenue and as provided by section 19 of Act 190 of 1946 and for the account of the Parish.

    Failure of the wholesale dealer to collect and remit the tax levied, when due, or failure to pay the tax when due, by a purchaser for consumption in the Parish, shall ipso facto, render them liable for the amount of taxes found to be due together with a penalty of twenty percent (20%) of the amount of tax due, plus an additional amount of ten percent (10%) of the tax and penalty, as attorney's fees if referred to an attorney for collection. (Ord. No. 100, Bk. 2, P. 148, adopted 10/21/46)

SEC.

3-102.01 Verification of Tax Payment


    No alcoholic beverage permit or occupational license will be issued or renewed by the Parish Council without verification that all Parish of St. Tammany sales taxes owed by the applicant are paid in full.
(Ord. 00-0225, adopted 11/02/2000)

SEC.

3-102.02 Sales Tax Certification


    The Parish Department of Planning or the Parish Sheriff as Tax Collector, when applicable, will provide a sales tax certification form to the applicant to be attached to the original or renewal application for occupational and liquor licenses. The Sheriff's office shall certify that all sales taxes owed the Parish of St. Tammany are paid or shall indicate the extent of the delinquency prior to the issuance of any permit or license.
(Ord. 00-0225, adopted 11/02/2000)

SEC.

3-102.03 Revocation of License

    

    The Parish Council, after public hearing, may revoke the alcoholic beverage and/or occupational license of any establishment doing business within unincorporated areas of the parish of St. Tammany and owing taxes and/or license fees to the Parish, if said taxes and/or license fees are delinquent for 60 days. Said revocation is in addition to any other recourse against the delinquent taxpayer permitted by the Parish Code of Ordinances or State law.

    The revocation may be suspended if a payment schedule is worked out with the approval of the Tax Collector and the Parish Administration. If for any reason, the current taxes or

license fees become delinquent or a payment on the payment schedule becomes more than 30 days delinquent, the payment agreement will be null and void and the current license(s) revoked.

    The Parish Council will be notified in writing through the Council Clerk of any arrangements or revocations made by the Tax Collector and the delinquent party.
(Ord. 00-0225, adopted 11/02/2000)

SEC.

3-102.04 Sheriff's Authorization


    The Parish Sheriff, as Tax Collector, is authorized and empowered to take any and all actions which it, in the exercise of its discretion, deems necessary to promulgate the provisions of this section.
(Ord. 00-0225, adopted 11/02/2000)    

SEC.

3-103.00 Definitions

                        

EDITORIAL NOTE: This section, formerly called “Sales in Ward 4", by the authority of Ord. No. 85-368, adopted 04/18/85, has been deleted and repealed by the authority of Ord. No. 97-2580, adopted 02/20/97)

    A.    Alcoholic Beverages: For the purpose of this Article, the term “Alcoholic Beverages” shall be defined as follows: Any fluid, or any solid capable of being converted into fluid, suitable for human consumption, and containing more than one-half of one percent (0.5%) alcohol by volume, including, but not limited to, malts, vinous, spiritous, alcoholic or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider or wine.    (Ord. No. 100, Bk. 2, P. 148, adopted 10/21/46; amended by Ord. No. 97- 2580, adopted 02/20/97)

SEC.

3-104.00 Hours of Operation



EDITORIAL NOTE: This section, formerly called “Sales in Wards Other than Ward 4", by the authority of Ord. No. 85-463, adopted 08/15/85, has been deleted and repealed by the authority of Ord. No. 97-2580, adopted 02/20/97)

    A.    Closing.

        1. All businesses, establishments, persons, firms or corporations who are licensed by the Parish of St. Tammany to sell or dispense alcoholic beverages at retail, pursuant to a Class “A” permit, shall close their doors to entry at 2:00 a.m. daily and shall remain closed until 6:00 a.m. daily. No such Class “A” permitee, licensed for the retail sale of alcoholic beverages for consumption on the premises shall sell alcohol between the hours of 2:00 a.m. and 6:00 a.m. daily.

    B.    Exceptions.

    1)     The provisions of this section shall not apply on the following days: January 1; the Saturday and Monday preceding Mardi Gras Day; and Mardi Gras Day itself.

    2)    Restaurants and cafeterias, which derive sixty percent (60%) 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 2:00 a.m. and 6:00 a.m. daily.

    3) All businesses, establishments, persons, firms or corporations who are licensed by the Parish of St. Tammany to sell alcoholic beverages at retail for off-premise consumption, pursuant to a Class "B" permit, shall be exempt from the closure provisions; provided however that such retail outlets shall be prohibited from selling or dispensing alcoholic beverages between the hours of 2:00 a.m. and 6:00 a.m. daily.

    C.    Penalties.

    Any person or permitee who violates any provisions of this section shall be fined not more than TWO HUNDRED DOLLARS ($200.00) for the first offense; not more than FIVE HUNDRED DOLLARS ($500.00) for the second offense; and for a third or subsequent offense, not more than FIVE HUNDRED DOLLARS ($500.00) and/or suspension and/or revocation of the permit to sell or dispense alcoholic beverages, as provided by law.

    (Ord. No. 85-463, adopted 08/15/85; amended by Ord. No. 97-2580, adopted 02/20/97; amended by Ord. No. 97-2687, adopted 07/24/97)

SEC.

3-105.00 Open Containers


A.    Open Containers Off Premises.

    1)    No holder of a permit for the retail sale of alcoholic beverages 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.

    2)    No person, whether patron, customer, employee or otherwise, shall remove any alcoholic beverage from the premises of a holder of a permit for the retail sale of alcoholic beverages 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.

    3)    All holders of permits for the sale of alcoholic beverages shall post a conspicuous notice inside their premises, as well as by each exit, stating that it is illegal to remove any alcoholic beverages from the premises in any type of unsealed or open container of any kind, and that said violators shall be subject to fine and/or imprisonment as provided in parish ordinances.

    4)    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 which a straw does not protrude.

B.    Exceptions.

    The provisions of this section shall not apply to the Saturday and Monday proceeding Mardi Gras Day and Mardi Gras Day itself.

C.    Penalties.


    Whoever violates any provision of this section shall be fined not more than TWO HUNDRED DOLLARS ($200.00) for each offense.
    (Ord. No. 97-2581, adopted 02/20/97)

SEC. 3-105.01 - 3-115.99 Reserved.