ARTICLE IX


DISPENSER'S CERTIFICATE


SEC.

3-191.00 Required



    No person or manager or supervisor of any person shall dispense beverages of any alcoholic content in any business licensed under this Article without having been certified or qualified to do so by the Sheriff of St. Tammany Parish and without having complied with the provisions of this article. (Ord. No. 329, Bk. 5, P. 269; Ord. NO. 81-302, adopted 12/17/81; amended by Ord. No. 2015, adopted 06/16/94; amended by Ord. No. 94-2042, adopted 08/18/94)

SEC.

3-192.00 Application; Certificate


    (a)    Each applicant desiring a certificate of qualification to dispense alcoholic beverages shall be photographed and finger printed by the Sheriff's Department of this Parish.

    (b)    Each applicant shall pay at the time of applying for a certificate to dispense alcoholic beverages the following:

        (1)    A processing fee as provided in La. R.S. 15:587 in the form of (a) cashiers check or money order made payable to [the] "Louisiana Department of Public Safety".

        (2)    A license fee of Thirty Dollars ($30.00) payable to the Sheriff of St. Tammany Parish.

        The Sheriff shall determine and provide a uniform and consistent application for a dispensers license; and he shall determine the size and content of the license or certificate to dispense, he being herewith authorized, empowered and directed to do so.

    (c)    The application shall be sworn in writing and include a statement that the applicant possesses the qualifications required herein. (Ord. No. 329, Bk. 5, P. 269; Ord. No. 652, Bk. 8, P. 39; Ord. No. 81-302, adopted 12/17/81; Ord. No. 85-509, adopted 10/17/85; repealed and replaced by Ord. 88-982, adopted 09/15/88; amended by Ord. No. 94-2015, adopted 06/16/94; amended by Ord. No. 94-2042, adopted 08/18/94)

CROSS REFERENCE: Sec. 2-009.00(2), this Code. STATE REFERENCE: LSA R.S. 15:587 provides for processing fee.

SEC.

3-193.00 Qualifications


    Each applicant for a certificate of qualification to dispense alcoholic beverages shall possess the following qualifications:

    A.         Is a person of good character and reputation and over:

        1.    Twenty-one (21) years of age to dispense and/or sell alcohol in any businesses establishment having a valid Class A Parish liquor license;

        2.    Holder of valid dispenser's certificate issued prior to July 1, 1994 shall be grandfathered and exempt from the 21 year old requirement; as well as those employed by Class B outlets who can prove employment by January 1, 1995.

    B.         Is a citizen of the United States and of this State or a resident alien, and a resident of the state continuously for a period of not less than one year (1) next proceeding the date of the filing of the application, except for those individuals

employed in restaurants serving alcoholic beverages holding Class “R” Parish liquor license when the principal business activity is the catering and/or serving of food with a minimum of sixty percent (60%) of said business' gross revenue being generated from the sale of food items and non-alcoholic beverages. These individuals must be 18 years of age and hold a special Class “BR” license. Any individual who is over the age of 18, and who is otherwise eligible for a special Class “BR” license, or who has already obtained such a license, may utilize such special license for the purpose of being employed at a country club, provided it is located on a golf course, caters and/or serves food as an ordinary part of its business, and is only open for business between the hours of 7:00 a.m. and 9:00 p.m. (Amended by Ord. No. 05-1141, adopted 07/07/2005)

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

    D.         Has not been convicted in this or 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 or illegal dealing in narcotics.

    E.         Has not had a license or permit to sell or deal in alcoholic beverages by the United States, any state or by a political subdivision of any state authorized to issue permits for licenses revoked within one year (1) prior to application, or been notified or had a judgment of court rendered against him involving alcoholic beverages by this or any other State or by the United States for one year (1) prior to the application.

    F.         Has not been adjudged by the Louisiana Alcohol Bureau Control Commission or convicted by any court of violation of the provisions of Title 26 of the Louisiana Revised Statutes.

    G.         Has not been convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of LSA R.S. 26:494.

    H.         Has not had a certification of qualification to dispense alcoholic beverages issued by any other parish, municipality or state suspended or revoked.

    I)    Must have completed the St. Tammany Parish Sheriff's course entitled “Responsible Alcohol Service” or the Louisiana Office of Alcohol and Tobacco Control “Approved Provider Responsible Vendor Program”. Renewal applicants must have completed the St. Tammany Sheriff's course entitled “Responsible Alcohol Service” or the Louisiana Office of Alcohol and Tobacco Control “Responsible Alcohol Service Course”.

(Ord. 329, Bk. 5, P. 269; Ord. No. 652, Bk. 9, P. 39; amended by Ord. No. 89-1093, adopted 05/18/89; further amended by Ord. No. 89-1212, adopted 12/21/89; amended by Ord. No. 94-2015, adopted 06/16/94; amended by Ord. No. 94-2042, adopted 08/18/94, amended by Ord. No. 99-3095, adopted 6/17/99;Amended by Ord. No. 05-1141, adopted 07/07/2005)

STATE REFERENCE: LSA R.S. 26:494 prohibits sale of high alcohol content beverages in violation of any parish ordinance.

SEC.

3-194.00 Issuance



    The Sheriff may refuse to issue a certificate of qualification to dispense alcoholic beverages to any person who lacks any of the qualifications set forth herein or in the interest of the public health, safety and morals. (Ord. No. 329, Bk. 5, P. 269; Ord. No. 81-302, adopted 12/17/81)

SEC.

3-195.00 Right Of Permitee To Sell Without Certificate


    The holder of a permit to sell alcoholic beverages at a particular establishment issued pursuant to the provisions of this Article may dispense alcoholic beverages at that establishment without having a certification of qualification. (Ord. No. 329, Bk. 5, P. 269)

SEC.

3-197.00 Hiring Person Who Does Not Possess Certificate Prohibited


    Any holder of a permit to sell alcoholic beverages who employs a person to dispense alcoholic beverages without that person having a certificate of qualification to do so issued by the Sheriff shall be guilty of a misdemeanor. (Ord. No. 329, Bk. 5, P. 269; Ord. No. 440, Bk. 6, P. 236; Ord. No. 81-302, adopted 12/17/81)

SEC.

3-198.00 Revocation Or Suspension


    Any act or failure of act by any person certified to be qualified to dispense alcoholic beverages under the provisions of this article which is a violation of this Article shall subject such person to have his certificate to dispense alcoholic beverages suspended or revoked by the Sheriff. (Ord. No. 329, Bk. 5, P. 269; Ord. No. 81-302, adopted 12/17/81)

SEC.

3-199.00 Appeals


    Any person aggrieved by the decision of the Sheriff to refuse to issue or to suspend or revoke a certificate of qualification may take a devolutive appeal therefrom to the Police Jury within fifteen days (15) of written notification of said decision. The appeal must be taken by submitting a written request therefor to the Secretary of the Police Jury, and the Police Jury shall hear said appeal within twenty days (20) of receipt of said notice of appeal by the Secretary of the Police Jury. The decision of the Sheriff shall be final unless appealed within the time and in the manner set forth above. (Ord. No. 329, Bk. 5, P. 269; Ord. No. 81-302, adopted 12/17/81)

SEC.

3-200.00 License Renewal


    The Dispenser's Certificate shall be valid for a period of two (2) years from the date it is first issued; and shall be renewed for a like period within ninety (90) days of the expiration date, in the same manner as the application for an original certificate. (Ord. No. 85-509, adopted 10/17/85; repealed and replaced by Ord. No. 88-982, adopted 09/15/88; amended by Ord. No. 94-2015, adopted 06/16/94; amended by Ord. No. 94-2042, adopted 08/18/94)

SEC.

3-201.00 Violations and Penalties


    Any person certified to be qualified to dispense alcoholic beverages under the provisions of this article found in violation of Sec. 3-170.00 (Sale to Minors) by a court of appropriate jurisdiction shall be subject to the following penalties:

    1.    First Offense:        $100.00 fine and 5 day suspension


    2.    Second Offense:        $250.00 fine and 30 day suspension

    3.    Third Offense:        $500.00 fine and Revocation of Dispenser's Certificate

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

EDITORIAL NOTE: Articles X and XI are hereby reserved to facilitate future expansion of the Code of Ordinances.