ARTICLE VI


WARDS 2 AND 6



SEC.

3-116.00 Scope


    The provisions of this Article shall apply only in Wards 2 and 6 of the Parish.

SEC.

3-117.00 Definitions


    For the purposes of this Article, the following terms have the respective meanings ascribed to them in this [Article and] Section, except in instances where context indicates a different meaning.

SEC.

3-117.01 Alcoholic Beverages


    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 but not more than six percent (6%) alcohol by volume, including malt, vinous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider or wine.

SEC.

3-117.02 Beverages Of High Alcoholic Content


    Alcoholic beverages containing more than six percent (6%) alcohol by volume.

SEC.

3-117.03 Beverages Of Low Alcoholic Content


    Alcoholic beverages containing not more than six percent (6%) alcohol by volume.

SEC.

3-117.04 Handle


    To sell, use, distribute, store, consume or otherwise handle.

SEC.

3-117.05 Malt Beverages


    Beverages obtained by alcoholic fermentation or an infusion or concoction, of barley or other grain, malt, and hops in water, including, among other things, ale, beer, stout, porter, and the like.

SEC.

3-117.06 Package House


    A place where a person sells alcoholic beverages in closed containers, prepared for transportation and consumption off the premises.

SEC.

3-117.07 Private Club



    Any establishment which engages in the dispensing of alcoholic beverages of low or high content directly or indirectly through the sale of alcohol, containers, ice or nonalcoholic beverages intended for consumption in conjunction with alcoholic beverages. Also included in this definition is any establishment which permits patrons to introduce alcoholic beverages from external sources to the premises.

SEC.

3-117.08 Retail Dealer


    Every person who offers for sale, exposes for sale, has in his possession for sale or distribution, or sells alcoholic beverages of any quantity to persons other than licensed wholesale or retail dealers.

SEC.

3-117.09 Wholesale Dealer


    Those persons who sell alcoholic beverages to licensed wholesale dealers or licensed dealers within the state or to any person for delivery beyond the borders of the state. (Ord. No. 84-269, adopted 11/15/84)

STATE REFERENCE: LSA R.S. 26:2

SEC.

3-118.00 Repealed


    This Section repealed by virtue of La. R.S. 26:281(I), which provides for the sale of (6%) alcohol by volume in any political subdivision which approved the sale of (3.2%) alcohol by weight. (Ord. No. 04-0973, adopted 09/02/2004)

Editorial Note: This section, formerly called “Sale of High Content Beverages”, stating “The Sale of Alcoholic Beverages containing more than three and two-tenths percent (3.2%) alcohol by volume is prohibited in Wards 2 and 6 of the Parish. (Ord. No. 119, Bk. 2, P. 272),” has been deleted and repealed by the authority of Ord. No. 04-0973, adopted 09/02/2004

SEC.

3-119.00 Permit Required


    No private club or business shall permit the consumption of alcoholic beverages without the proper permit authorizing same by the Parish and without the proper state permit. (Ord. No. 84-269, adopted 11/15/84)

SEC.

3-120.00 Classes Of Permits


    There shall be six (6) classes of permits issued pursuant to this article which authorize the indicated activities:

         A.          Wholesale: For those selling alcoholic beverages at wholesale;

         B.          Class “A” Retail Dealer: For those selling alcoholic beverages for consumption on or off the licensed premises;

         C.          Class “B” Retail Dealer: For those selling alcoholic beverages in sealed containers prepared for transportation and consumption off the licensed premises.


     D.    Class “R” Restaurant: For those selling light wine for consumption in a restaurant/cafeteria.

    1.    For the purpose herein, Class “R” Restaurant shall be defined as an establishment:

        a)    Which operates a place of business who purpose and primary function is to take orders for and serve food and food items;
        b)    Which serves alcoholic beverages in conjunction with meals;
        c)    Which serves food on all days of operation;
        d)    Which grosses sixty percent (60%) if its average monthly revenue from the sale of food, food items, and non-alcoholic beverages;
        e)    Which maintains separate sales figures for alcoholic beverages; and
        f)    Which operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.

     E.    Class “LW” Light Wine; Restaurants and Cafeterias:    

        1.    Before the operator of any restaurant and cafeteria where food or drink is legally sold, in which light wine is legally sold for consumption on the premises in connection with the consumption of food, shall engage in the business of handling such light wine, he shall obtain annually from the parish, before commencing such business, a permit to conduct such retail business, and for each such permit.
        2.    Nothing in this Section is to be construed to take the place of any license or permit now or to be hereafter issued by the state or any municipality nor any fee or fees collected thereof.
        3.    As used in this Section, “light wine” means any non-effervescent alcoholic beverage, known as still wine, derived from the juice of any fruit or synthesis thereof, of an alcoholic content of not more than fourteen percent (14%) by volume.
        4.    The provisions of this Section shall apply only to restaurants holding “R” permits.

    Restaurants/cafeterias selling Class “A” alcoholic beverages will also require a Class “R” permit; restaurants/cafeterias selling wine will require a Class “R” and Class “LW” permit.

    F.     Special Events Permit (three day):

        
1.    Those charitable, patriotic, educational, religious, fraternal, civic service clubs, community benefit organizations of individuals applying for permits for special occasions, the proceeds of which will be used solely for charitable, religious, patriotic, fraternal or public service purposes shall not be required to pay an annual permit fee required by Sec. 3-121.00. If the charitable, patriotic, educational, religious, fraternal, civic, service clubs or community benefit organizations or individuals have tax-exempt status under Section 501(c)(3) or 501(c)(8) of the Internal Revenue Code, the charitable, patriotic, educational, religious, fraternal, civic, service clubs or community benefit organizations or individuals must submit written proof from the I.R.S. of tax-exempt status.
        2.    In addition to the general requirements of this Article, the applicants for the special events permit shall provide a signed statement naming the charitable, religious, patriotic, fraternal or public service cause to which proceeds will go. (Ord. No. 86-622, adopted 05/15/86; amended by Ord. No. 94-1952, adopted 04/21/94)


STATE REFERENCE: LSA R.S. 26:271.

SEC.

3-121.00 Permit Fee


    The annual permit fee to be paid by a person desiring the Parish permit required by this article shall be as follows:

Class of Permit Fee

Wholesale

$125.00

Class A Retail Dealer
72.00

Class B Retail Dealer
60.00

Class R Restaurant
25.00

Class LW Light Wine
30.00


    The fees required by the provisions of this section shall be paid to the Sheriff and Ex- Officio Tax Collector of the Parish. (Ord. No. 10, Bk. 1, P. 107; amended by Ord. No. 87- 831, adopted 07/16/87; amended by Ord. No. 94-1952, adopted 04/21/94)

STATE REFERENCE: LSA R.S. 26:273 CROSS REFERENCE: Sec. 2-009.00(a)(2)

SEC.

3-122.00 Proration Of Permit Fee


    In the event a business regulated by this Article shall commence prior to July first of any year, a whole year's permit fee shall be paid and collected, and if said business shall commence subsequent to July first of any year, one-half of the annual permit fee shall be paid and collected.

SEC.

3-123.00 Permit Applications Generally


    All applications for permits required by this Article shall be filed with the St. Tammany Parish Police Jury. All applications for renewal of permits shall be filed with the St. Tammany Parish Sheriff on or before October first. A copy of the renewal application shall be sent to the St. Tammany Parish Alcohol Beverage Control Committee. (Ord. No. 80-64, adopted 10/23/80; amended by Ord. No. 89-1147, adopted 09/21/89; amended by Ord. No. 89-1177, adopted 10/19/89)

SEC.

3-124.00 Qualifications Of Applicants For Permits Generally


    A.         Applicants for state and local permits of all kinds which are within the scope of this Article shall meet the following qualifications and conditions:

        1.     Is a person of good character and reputation and over eighteen (18) years of age.

        2.         Is a citizen of the United States and of the State of Louisiana and a resident of the State of Louisiana continuously for a period of not less than two years (2 yrs.) next preceding the date of the filing of the application.

        3.         Is the owner of the premises or has a bona fide written lease thereof.


        4.         Has not been convicted of a felony under the laws of the United States, the State of Louisiana, or any other state.

        5.         Has not been convicted in this or any other state or by the United States of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, or illegal dealing in narcotics.

        6.         Has not had revoked a license or permit to sell or deal in alcoholic beverages issued by the United States or any other state for five years (5 yrs.) prior to the application, or been convicted or had judgment against him involving alcoholic beverages by this state or any other state or the United States for five years (5 yrs.) prior to the application.

        7.         Has not been convicted of violating any of the provisions of the State laws regulating the sale of alcoholic beverages.

        8.         Has not been convicted of violation of the provisions of this Article; if so, the granting or denial of a permit in within the discretion of the Police Jury.

        9.         Is not the spouse of a person whose application has been denied or whose permit has been revoked, unless judicially separated or divorced.

    B.         If applicant is a partnership or anyone in partnership with or financed by another, all members of the partnership or all persons furnishing money shall also possess the quali-fications required of applicant. The application shall name all partners or financial backers and furnish proper addresses. If the applicant is a corporation, all officers and directors and all stockholders owning in the aggregate more than five per cent (5%) of the stock and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant. However, the requirement as to residency does not apply to officers, directors and stockholders of corporations. If the applicant's business is to be conducted wholly or partly by one or more managers, agents, servants, employees or other repre sentatives, that person shall also possess the qualifications required of applicant.

    C.         If the applicant, or any other person required to have the same qualifications, does not possess the required qualifications, the permit shall be denied.
STATE REFERENCE: LSA R.S. 26:279 CROSS REFERENCE: Section 3-161.00 this Code.

SEC.

3-125.00 Misstatements Or Suppression Of Facts In Permit Application


    Any misstatement or suppression of fact in an application or accompanying affidavit for a permit required by this article is a ground for denial or cancellation of the permit.
STATE REFERENCE: LSA R.S. 26:279 CROSS REFERENCE: Section 3-162.00 this Code.

SEC.

3-126.00 Additional Grounds For Denial Of Permits


    In addition to any other causes enumerated in this Article, the Police Jury may deny or cancel any permit required by this Article for any one of the following causes:

    A.         If the holder of a permit to sell alcoholic beverages, or any of the persons who must possess the same qualifications fails to possess the qualifications required in Section 3-124.00 of this Code.



    B.         If the permit was granted to any person who is or has been engaged in an alcoholic beverage business with a person whose application for a permit has been denied or whose permit has been revoked.

    C.         If there was any misstatement or suppression of fact in the application for the permit.

    D.         If the holder of any permit has been convicted by any court of competent jurisdiction of any one of the following offenses:

        1.         Violation of the Sunday closing law;
        2.         Violation of any municipal or Parish Ordinance providing for closing hours.

    E.         If any dealer fails to pay any excise sales, sales tax, or other Parish taxes due by any regulated business to the State or to any parish or municipality. (Ord. 89- 1147, adopted 09/21/89)

    F.         If any dealer fails to pay any excise taxes due by any regulated business to the State or to any Parish or municipality.

    G.         If, without a proper license, a retailer allows any person to consume any alcoholic beverage on the licensed premises or on any parking lot or open or closed space within or contiguous to the licensed premises.

STATE REFERENCE: LSA R.S. 26:286; Permit from health unit is prerequisite to Alcoholic Beverage License
CROSS REFERENCE: See also "Health and Sanitation", Chapter 11 of this Code.

SEC.

3-127.00 Location Restrictions


    No permit required by the provisions of this Article shall be granted for any premises situated within five hundred feet (500 ft.) or less distance of a building occupied exclusively as a church, or synagogue, public library, public playground or school, except a school for business education conducted as a business college or school. The measurement to be taken shall be as a person walks using the sidewalk from the nearest point of the property line of the church or synagogue, public library, public playground or school to the nearest point of the premises to be licensed as described in the application, provided, however that these restrictions shall not apply to any premises which are maintained as a bona fide hotel, railway car, or bona fide fraternal organization. In undeveloped rural areas, the distance shall be measured in a straight line from the nearest point to the nearest point of the respective premises or grounds. The restrictions contained in this Section do not apply to a premises which are maintained as a bona fide hotel, railroad car, fraternal organization, nor to any premises licensed to deal in alcoholic beverages for a period of one year prior to January 21, 1943.

STATE REFERENCE: LSA R.S. 26:279

SEC.

3-128.00 Effect Of Multiple Locations Of Business


    A.         Any retail liquor dealer making delivery of alcoholic beverages at places other than the places of business specified on the permit, except pursuant to prior specific orders therefor received at such place of business, is subject to separate tax at such place where such sales are made.


    B.         Each such retail dealer who has paid the tax at one place of business does not incur further tax for the sale of alcoholic beverages to another such dealer holding a proper tax stamp if the sales are consummated at the place of business where the latter's tax stamp is held. (Ord. No. 80-64, adopted 10/23/80)

SEC.

3-129.00 Permit Assignment, Etc.; Change Of Location


    A.         Permits issued under this Article are not assignable or heritable and are good only from the time of issuance to December Thirty-first of the year for which issued, unless sooner suspended or revoked.
    B.         Where the location of the business is changed, the change shall be noted on the permit by the issuing authority.

STATE REFERENCE: LSA R.S. 26:275.

SEC.

3-130.00 Penalty For Later Renewal Application; Denial For Same


    Should any retail dealer or wholesale dealer fail to file his application for renewal of the Parish permit required by this Article for any ensuing year on or before the first day of October of each year, a penalty shall be imposed of ten percent (10%) of the amount due for the permit applied for during the month of November, or an additional twenty percent (20%) of the amount due for the permit if applied for during the month of December.

    No renewal application shall be received or accepted after the thirty-first day of December of each year for the ensuing year and if application for renewal has not been filed before the thirty-first day of December the establishment is prohibited, and it shall be unlawful for the licensee to sell or dispense alcoholic beverages therein until a new application for permit is filed with the Division of Permits and issuance is authorized by the administrative staff. (Ord. No. 80-64, adopted 10/23/80; amended by Ord. No. 94-1952, adopted 04/21/94)

STATE REFERENCE: LSA R.S. 26:284.

SEC.

3-131.00 Display Of Permit


    A permit issued pursuant to the provisions of this Article shall be prominently displayed by its holder in his place of business so as to be easily seen and read by the public.
STATE REFERENCE: LSA R.S. 26:275.

SEC.

3-132.00 Unauthorized Sales


    No person holding a retail dealer's permit, and no servant, agent or employee shall sell, offer for sale, possess or permit the consumption on the licensed premises of any kind or type of alcoholic beverages, the sale or possession of which is not authorized under his permit issued pursuant to this Article.

STATE REFERENCE: LSA R.S. 26:285(6).

SEC.

3-133.00 Sales To Minors



    No person holding a retail dealer's permit and no servant, agent or employee of the permitee shall upon the licensed premises sell or serve alcoholic beverages to any person under the age of eighteen years (18 yrs.).
STATE REFERENCE: LSA R.S. 26:285(1)

SEC.

3-134.00 Minors on Premises


    No person holding a retail dealer's permit and no servant, agent or employee of the permitee shall intentionally entice, aid or permit any person under the age of seventeen years (17 yrs.) to visit any place where alcoholic beverages are the principal commodity sold or given away.

STATE REFERENCE: LSA R.S. 26:285(3)

SEC.

3-135.00 Employment Of Minors


    No person holding a retail dealer's permit and no servant, agent or employee of the permitee shall upon the licensed premises employ anyone under eighteen years (18) of age when the sale of alcoholic beverages constitutes the main business. If alcoholic beverages do not constitute the main business, an employee under eighteen years (18) of age shall not handle or work with alcoholic beverages.

STATE REFERENCE: LSA R.S. 26-285(9)

SEC.

3-136.00 Sale To Intoxicated Persons


    No person holding a retail dealer's permit and no servant, agent or employee of the permitee shall upon the licensed premises sell or serve alcoholic beverages to any intoxicated person.

STATE REFERENCE: LSA R.S. 26-285(2)

SEC.

3-137.00 Prostitutes On Premises


    No person holding a retail dealer's permit and no servant, agent or employee of the permitee shall permit any prostitute to frequent the licensed premises.
STATE REFERENCE: LSA R.S. 26-285(4)

SEC.

3-138.00 B-Girls


    No person holding a retail dealer's permit and no servant, agent or employee of the permitee shall employ or permit females, commonly known as B-girls to frequent the premises and solicit patrons for drinks or to accept drinks from patrons and receive therefor any commission or any enumeration in any other way.

STATE REFERENCE: LSA R.S. 26-285(8)

SEC.

3-139.00 Disturbing The Peace


    No person holding a retail dealer's permit and no servant, agent or employee of the permitee shall permit any disturbance of the peace or obscenity, or any lewd, immoral or improper entertainment, conduct or practices on the licensed premises.


STATE REFERENCE: LSA R.S. 26-285(5)

SEC.

3-139.01 Disorderly Conduct


    No person holding a retail dealer's permit, and no servant, agent, or employee of the permitee, shall participate in or allow any nude or partially nude dancer, host, hostess, waiter or waitress on the premises, whether in the capacity as an employee, entertainer, guest, invitee, patron, or otherwise.

    Definitions:

    "Nude" or "Partially Nude" is defined as less than completely/opaquely covered and exposing:

    a)    Human genitals, pubic region;
    b)    All of the buttocks area;
    c)    Female breast area below a point immediately above the top of the areola.

(Ord. No. 91-1535, adopted 12/19/91)

CROSS REFERENCE: See also Section 3-176.01 and Section 15-800.00.

SEC.

3-140.00 Gambling



    No person holding a retail dealer's permit and no servant, agent or employee of the permitee shall intentionally conduct illegal gambling, as defined by law, on the premises described in the application for the Parish permit.
STATE REFERENCE: LSA R.S. 26-285(7)

SEC.

3-141.00 Billiards


    No person holding a retail dealer's permit and no servant, agent or employee of the permitee shall upon the licensed premises permit the playing of pool or billiards by any person under eighteen years (18 yrs.) of age, or permit such a person to frequent the licensed premises operating a pool or billiard hall.

STATE REFERENCE: LSA R.S. 26-285(11)

SEC.

3-142.00 Violations; Penalty


    Any person convicted of violations of provisions of this Article shall be guilty of a misdemeanor, and said conviction shall be grounds for revocation or suspension of a violator's permit, which permit may be revoked according to the laws of this State.

CROSS REFERENCE: Sec. 3-179.00 Violations, Penalty.

SEC.

3-142.01 Prohibited Acts


    No person in Wards 2 and/or 6 of St. Tammany Parish holding a retail dealer's permit and no agent, associate, employer, servant or representative of any such person shall do or permit any of the following acts to be done on or about the licensed premises:


        (1)    Permit or allow any individual to illegally carry a weapon or dangerous instrument upon licensed premises pursuant to LSA R.S. 14:95 and/or to illegally use such weapons or dangerous instrumentalities in violation of LSA R.S. 14:95 or any municipal ordinance.

        (2)    Illegally sell, offer for sale, distribute, possess, possess with intent to distribute or permit the use or consumption on or about the licensed premises of any kind or type of controlled dangerous substance as defined in LSA R.S. 40:961 et seq.

        (3)    Permit or allow the playing of live or recorded music and/or permit or allow any loud noise or nuisance which is so unreasonably intrusive or offensive as to interfere with comfortable enjoyment or use of the property of a person residing in the area of the licensed premises in violation of Louisiana Air Control Law, LSA R.S. 30:2051 et seq.

        (4)    Permit or allow licensed premises to be in violation of any rules or regulations of the Fire Marshall or of any rules or regulations of any health or sanitation agency or department.

        (5)    Permit, allow or aid any person, whether on foot or in a motor vehicle, to visit or loiter in or about the licensed premises in such a manner as to obstruct any public road or highway, or to impede, restrict or otherwise interfere with an individual's access or right of way to any public road or highway.

        (6)    Intentionally or knowingly permit, allow or aid any person to violate any State, Federal or municipal law in or about the licensed premises.
(Ord. No. 89-1177, adopted 10/19/89)

SEC.

3-142.02 Violations, Penalties


    Any person convicted of violations of provisions of this Article [Sec. 3-042.01] shall be guilty of a misdemeanor, and said conviction shall be grounds for revocation or suspension of a violator's permit, which permit may be revoked according to the laws of this State. (Ord. No. 89-1177, adopted 10/19/89)

SEC.

3-143.00 Suspension, Revocation Of Permits; Hearing


    Wherever the words "cancel" or "cancellation" of a permit are used in this Article, same shall be construed to mean and allow for either a suspension of a permit or the revocation thereof.

    For the purposes hereof, "suspension" of a license is meant as temporary cessation of sales of alcoholic beverages as imposed by the Police Jury or the proper agency of the State of Louisiana on the licensee after hearing for a time certain. No alcoholic beverage may be sold or dispensed at the licensed location during the period from the commencement of the period of suspension to its expiration as determined by the Police Jury or appropriate State agency.

    For the purposes hereof, "revocation" of a license is meant and shall be construed as a prohibition against the licensee and also against the licensed premises from selling or dispensing alcoholic beverages for a period of one (1) year. A revocation shall be imposed

for a violation of the provisions of this Article, as determined by the Police Jury or the proper hearing agency of the State of Louisiana.

    "Hearing" shall be an administrative, public proceeding conducted by the Police Jury under rules of procedure established in Section 3-185.00 et seq. of the Code of Ordinances of this Parish and duly promulgated. Said proceeding may be instituted by either the Parish law enforcement authority, any other law enforcement authority, the District Attorney's Office or by any citizen or citizens who have resided in the Parish for six (6) or more months prior to filing a complaint, where a violation of any provision(s) of Article VI or VII hereof is alleged. (Ord. No. 81-112, adopted 02/05/81; amended by Ord. No. 89-1147, adopted 09/21/89)

    Upon receipt of the citizen complaint, the Secretary of the Alcohol Beverage Control Committee shall conduct a preliminary investigation to determine whether or not sufficient facts exist to justify conducting a hearing. (Added by Ord. No. 89-1147, adopted 09/21/89)

SEC. 3-143.01 - 3-153.99 Reserved.