ARTICLE VII


OTHER WARDS


SEC.

3-154.00 Scope


    The provisions of this Article shall apply in all wards of the Parish except Wards 2 and 6.

SEC.

3-155.00 Definitions


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

SEC.

3-155.01 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, including malt, vinous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider or wine.

SEC.

3-155.02 Beverages Of High Alcoholic Content


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

SEC. 3-155.03 Beverages Of Low Alcoholic Content

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

SEC.

3-155.04 Handle


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

SEC.

3-155.05 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.

3-155.06 Package House


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

SEC.

3-155.07 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. (Ord. No. 84-269, adopted 11/15/84)

SEC.

3-155.08 Retail Dealer


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

SEC.

3-155.09 Wholesale Dealer


    Those persons who sell alcoholic beverages to licensed wholesale dealers or licensed retail 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.

3-156.00 Permits Required


    A.         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.

    B.         No permit will be issued for a shorter period than six months (6 mos.), beginning January 1 and July 1 of each year. All permits shall be paid for in advance, and shall be obtained before the beginning of the period for which same is issued.

    C.         All applications for permits shall be filed in writing on a form and in the manner required by the Police Jury, which application shall be passed upon and approved by the Police Jury, or a majority thereof, applications for renewals of any permit at the time of its expiration shall be filed as hereinabove recited and shall be considered as an original application. (Ord. No. 72, Bk. 1, P. 603; Ord. No. 84- 269, adopted 11/15/84)

STATE REFERENCE: Power to require permits from dealers of beverages of high alcoholic content, LSA R.S. 26:73; power to require permits from dealers of beverages of low alcoholic content, LSA R.S. 26:273.

SEC.

3-157.00 Classes Of Permits



    A.         There shall be two (2) classes of permits for the sale of beverages of high alcoholic content as follows:

        1.          Wholesale Permit: For those selling such beverages at wholesale; and

        2.          Retail Permit: For those selling such beverages at retail.

    B.         There shall be five (5) classes of permits for the sale of beverages of low alcoholic content as follows:

        1.          Wholesale Permit: For those selling such beverages at wholesale;

        2.          Class A Retail Dealer: For those selling such beverages for consumption on or off the licensed premises;

        3.          Class B Retail Dealer: For those selling such beverages in sealed containers prepared for transportation and consumption off the licensed premises;

        4.         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 whose 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.

    5.     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. (Ord. No. 72, Bk. 1, P. 603; amended by Ord. No. 94-1952, adopted 04/21/94)

STATE REFERENCE: LSA R.S. 26:71 and 26:271

SEC.

3-158.00 Permit Fees


    A.         The annual fee for permit to sell beverages of high alcoholic content, shall be as follows:

        1.         Wholesale Dealer, per year

$525.00

        2.         Retail Dealer, first year
525.00

        3.         Retail Dealer, renewal
*325.00

            *(plus $100.00 if previous year's gross sales were at least $50,000.00); or (plus $200.00 if previous year's gross sales were at least $100,000.00.)

    B.         The annual fee for permit to sell beverages of low alcoholic content shall be as follows:

        1.         Wholesale, per year
$125.00

        2.         Class A Retail, per year
72.00

        3.         Class B Retail, per year
60.00

        4.        Class R (Restaurant), per year
25.00

        5.        Class LW (light wine), per year
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. 72, Bk. 1, P. 603; Ord. No. 85-340, adopted 02/28/85; Ord. No. 87-830, adopted 07/16/87; Ord. No. 87-832, adopted 07/16/87; amended by Ord. No. 94-1952, adopted 04/21/94)

SEC.

3-159.00 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. 3-160.00 Probation Of Permit Fee

    In the event a business 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. (Ord. No. 72, Bk. 1, P. 603)

SEC.

3-161.00 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 therefor.

        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) 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) 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 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 the applicant is a partnership or anyone in partnership with or financed by another, all members of the partnership or all persons furnishing the money shall also possess all the qualifications required by the applicant. The application shall name all partners or financial backers and furnish their 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 representatives, that person shall also possess the qualifications required of the 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. (Ord. No. 72, Bk. 1, P. 603)

STATE REFERENCE: LSA R.S. 26:79; 26:279

SEC.

3-162.00 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. 26:82, 26:281 CROSS REFERENCE: Section 3-125.00 this Code.

SEC.

3-163.00 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 3-161.00 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, 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.

    F.    If any dealer or any person described in Section 3-161.00(B) of this Code violates or has violated any provision of this Article.

    G.    If any dealer fails to pay any excise taxes due by any regulated business to the State or to any Parish or municipality. (Ord. No. 80-64, adopted 10/23/80)

STATE REFERENCE: LSA R.S. 26:286; Permit from health unit is prerequisite to alcoholic beverage license see "Health and Sanitation" this Code.

SEC.

3-164.00 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 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 which were licensed to deal in alcoholic beverages for a period of one year prior to January 21, 1943.

STATE REFERENCE: LSA R.S. 26:80, 26:279 CROSS REFERENCE: Section 3-127.00 this Code.

SEC.

3-165.00 Effect Of Multiple Locations Of Business


    A.         Any retail liquor dealer making delivery of spirits, wine, beer, or other malt liquors, or any retail dealer in malt liquors making delivery of beer or other malt liquors, at places other than places of business specified on permit, except pursuant to prior specific orders received at such place of business, is subject to separate tax as retail liquor dealer, or retail dealer in fermented malt liquor, as the case may be, at such place where sales are made.

    B.         Each such dealer who has paid the tax at one place of business does not incur further tax for the sales of beer or other malt liquors 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. 72, Bk. 1, P. 603)

CROSS REFERENCE: Section 3-128.00 this Code.

SEC.

3-166.00 Expiration Assignment, Etc. Of Permit


    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. (Ord. No. 72, Bk. 1, P. 603 )

CROSS REFERENCE: Section 3-129.00 this Code.

SEC.

3-167.00 Penalty For Late 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 December thirty-first of each year for the ensuing year and if application for renewal has not been filed before December thirty-first 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 Parish Department of Development, Division of Permits, and issuance is authorized by the Police Jury. (Ord. No. 80-64, adopted 10/23/80; amended by Ord. No. 94-1952, adopted 04/21/94)

STATE REFERENCE: LSA R.S. 26:86, 26:284. CROSS REFERENCE: Section 3-130.00 this Code.

SEC.

3-168.00 Display Of Permit


    The permit required by the provisions of this Article shall be prominently displayed by the licensee in his place of business so as to be easily seen and read by the public.



STATE REFERENCE: LSA R.S. 26:75, 26:275. CROSS REFERENCE: Section 3-131.00 this Code.

SEC.

3-169.00 Unauthorized Sales


    No person holding a retail dealer's permit, and no servant, agent or employee of the permitee shall sell, offer for sale, possess or permit the consumption on the licensed premises of any kind or type of beverages, the sale or possession of which is not authorized under his permit issued pursuant to this Article.
STATE REFERENCE: LSA R.S. 26:88(1), 26:285(6). CROSS REFERENCE: Section 3-132.00 this Code.

SEC.

3-170.00 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).

STATE REFERENCE: LSA R.S. 26:285(1) CROSS REFERENCE: Section 3-133.00 this Code.

SEC.

3-171.00 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) CROSS REFERENCE: Section 3-134.00 this Code.

SEC.

3-172.00 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 yrs) 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 yrs.) of age shall not handle or work with alcoholic beverages.

STATE REFERENCE: LSA R.S. 26:88(9), 26:285(9) CROSS REFERENCE: Section 3-135.00 this Code.    

SEC.

3-173.00 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 beverages of either low or high alcoholic content to any intoxicated person.

STATE REFERENCE: LSA R.S. 26:88(2), 26:285(2) CROSS REFERENCE: Section 3-136.00 this Code.

SEC.

3-174.00 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. 26:88(4) and 26:285(4) CROSS REFERENCE: Section 3-137.00 this Code.

SEC.

3-175.00 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. 26:88(8) and 26:285(8) CROSS REFERENCE: Section 3-138.00 this Code.

SEC.

3-176.00 Disturbing The Peace


    No person holding a retail dealer's permit and no servant, agent or employee of the permitee shall, upon the licensed premises, 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. 26:88(5) and 26:285(5) CROSS REFERENCE: Section 3-139.00 this Code.

SEC.

3-176.01 Disorderly Conduct



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

    Definitions:

    "Nude" or "Partially Nude" is defined as less than completely or 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 3-139.01 and Section 15-800.00.

SEC.

3-177.00 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 required permit.

STATE REFERENCE: LSA R.S. 26:88(7), 26:285(7) CROSS REFERENCE: Section 3-140.00 this Code.

SEC.

3-178.00 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. 26:88(11), 26:285(11) CROSS REFERENCE: Section 3-141.00 this Code.

SEC.

3-179.00 Violations; Penalty



    Any person convicted of violations of provisions of Article VI and Article VII 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 St. Tammany Parish and the State of Louisiana. (Amended by Ord. No. 94-2042, adopted 08/18/94)

    In addition and/or in lieu of the above penalty, any alcohol beverage permit holder who is charged within the previous 12 months for violations hereof shall be subject to the following penalties:

    1.    Three Violations:            $500.00 fine and 30 day suspension

    2.    Four to Six Violations:        $1,000.00 fine and 60 day suspension

    3.    Seven or More Violations:    Revocation of License

(Ord. No. 94-2042, adopted 08/18/94)

STATE REFERENCE: LSA R.S. 26:93 CROSS REFERENCE: Section 3-142.00 this Code.

SEC.

3-179.01 Prohibited Acts


    No person in any Ward 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 instrumentality 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 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 the 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. 89-1147, adopted 09/21/89)



SEC.

3-179.02 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. 89-1147, adopted 09/21/89)
STATE REFERENCE: LSA R.S. 26:93 for similar provisions.

SEC.

3-180.00 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 purposes hereof, "revocation" of a license is meant and 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. 81-113, 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. (Ord. No. 89-1147, adopted 09/21/89)

CROSS REFERENCE: Section 3-143.00 this Code.

SEC. 3-180.01 - 3-184.99 Reserved.