Chapter
6
ALCOHOLIC
BEVERAGES
Article
I, In General
Sec.
6-1. Open containers.
Sec&
6-2—625. Reserved
Sec.
626. Adoption of state laws.
Sec.
627. Penalties for violation.
Sec.
628. Business license requi1ed for wholesale handling and distribution.
Sec.
6-29 Liquor permits.
Sec.
6-30. Beer permits.
Sec.
6-31. Application and renewal.
Sees
6-32—6-6O. Reserved,
Article
III, Operating Hours
Sec.
661. Penalties for violation,
Sec
6-62. Businesses with retail dealers permit.
Sec.
6-63. Grocery stores, drugstores and other businesses.
Sec. 6-1, Open containers.
(a) It shall be
unlawful for any person to possess, carry or drink any alcoholic beverages from
any opened glass, paper, plastic, metal or other container in or on any public
streets, alleys, sidewalks, parks, public gatherings or on grounds where a
public gathering is being held within the town.
(b) The
recreation board may suspend this section for the public park for special
events as it deems appropriate by a two4hirds vote. Notice of the suspension of
this section must be conveyed to the chief of police at least 24 hours in
advance of the effective time and date of any suspension.
(c) It shall be
unlawful for owner of any establishment who sells beverages in glass or metal
containers in the town to knowingly allow any person to leave the premises of
the establishment carrying an opened glass or metal container con taming
alcohol.
Sec. 6-2 6-25. Reserved.
ARTICLE II LICENSES AND
PERMITS
Sec. 6-26. Adoption of state laws.
For the purpose
of this article, all provisions of RS. 26:274 et seq. are adopted in their
entirety.
Sec. 6-27. Penalties for violation.
Any person violating
this article shall be guilty of a misdemeanor and upon conviction shall be
punished as provided by section 1-iL As an additional penalty, the permit
issued under this article shall be revoked.
Sec. 6-28. Business license required for
wholesale handling and distribution.
Before any person
shall engage in the handling and distribution at wholesale of alcoholic
beverages, including wine and beer of alcoholic con tents greater than one half
percent alcohol by volume, such person shall apply to and obtain from the town
a license to conduct such business. Such person shall pay for such license a
fee of $100.00, provided that any person commencing business after July 1 shall
pay one half of the license fee for that year.
Sec. 6-29. Liquor permits.
(a) Classes.
There shall be issued the following types of class A retail liquor permits to
businesses dealing in the sale of beverages of high alcoholic content of more
than six percent by volume:
A class A general
retail permit shall be issued only to a retail outlet where
beverage alcohol
is sold on the premises for consumption on the premises
by paying
customers. Such an establishment must be equipped with a
permanent wet bar
equipped with a nonmoveable sink and a backbar or
similar equipment
for public display and to inform the public of brands
and flavors
offered for sale.
b. A class A
general retail establishment shall be staffed by a bartender
whose primary
duty is to open and prepare beverage alcohol products
for consumption
on the premises by paying customers or to prepare beverage alcohol products
with an appropriate lid or cover on the contamer for takeout services. Such an
establishment
must meet all state and local health and zoning requirements as set forth by
the state and by the parish and the municipality where the class A general
retail outlet is located.
c. A class A
general retail permitholder must derive at least 75 percent of its total retail
sales income from the sale of beverage alcohol for consumption on the premises.
d. A class A general
retail permit shall be issued only to an establishment where the state law
provides that no person under the age of 18 years is allowed on the premises
except as provided in RS. 26:90(A)(8)(a)
e.
Notwithstanding subsections (a)(1)a through (a)(1)d of this section, the
permitting authority may issue a class A general liquor permit to any bona fide
commercial film theater which has a class A liquor permit on January 1, 1994
f,
Notwithstanding subsections (a)(1)a through (a)(1)e of this section, the
permitting authority may issue a class A general retail permit tc any retail
establishment for consumption on or off the premises. Such establishment must
meet all state and local health and zoning requirements as set for by the state
and by the parish and municipality where the retail outlet is located. A class
A general retail permit issued pursu ant to the authority of this subsection
shall not be deemed or shall not qualify as a prerequisite for the issuance of
any other type license or permit issued by the state or any political
subdivisions thereof.
(2) Class A
restaurant. A class A restaurant permit shall be issued only to a restau rant
establishment as defined in this sub section and issued to a facility in
conjunc tion with a class R restaurant permit. The term restaurant
establishment” shall be defined as an establishment which:
a. Operates a
place of business whose purpose and primary function is to take orders for and
serve food and food items;
b. Serves alcoholic
beverages in conjunction with meals;
c. Serves food on
all days of operation;
d. Grosses 60
percent of its average monthly revenue from the sale of food, food items and
nonalcoholic beverages;
e. Maintains
separate sales figures for alcoholic beverages; and
f. Operates a
fully equipped kitchen used for the preparation of uncooked foods for service
and consumption of such foods on the premises.
(b) Fee schedule.
Before engaging in the business of dealing in alcoholic beverages having an
alcoholic content of more than six percent by volume, every person shall apply
for and obtain from the tax collector annually, dating from January 1 of each
year, a permit to conduct each separate business located within the corporate
limits and shall pay for each permit according to the following schedule (the
maximum fee allow able under state law for each category is $500.00):
|
Manufacturers,
for each establishment |
$500.00 |
|
Wholesalers,
for each place of business |
$500.00 |
|
Retailers |
|
|
Class A general,
for each place business . |
$100.00 |
|
Class A
restaurant, for each place of business |
$100.00 |
|
Class B, for
each place of business |
$100.00 |
|
A fee for each
$100,000.00 of gross retail liquor sales, after the first $100,000.00 of
gross retail liquor sales, shall be levied according to the following
schedule, which shall be in addition to those fees levied in subsections
(b)(3)a and (b)(3)b of this section: |
|
|
Gross Sales (in dollars) |
Additional Fees |
|
0.00 to
99,999.99 |
$0 |
|
100,000.00 to
199,999.99 |
$100.00 |
|
200,000.00 to
299,999 99 |
$200.00 |
|
300,000 00 to
399,999,99 |
$300.00 |
|
400,000.00 and
over |
$400.00 |
Sec. 6-30. Beer
permits.
(a) Classes,
There shall be issued the following types of class A retail beer permits to
businesses dealing in alcoholic beverages having an alcoholic content of not
more than six percent by volume:
(1) Class A general
a. A class A general retail permit shall be
issued only to a retail outlet where beverage alcohol is sold on the premises
for consumption on the premises by paying customers. Such an establishment must
be equipped with a backbar or similar equipment for public display and to
inform the pub lie of brands and flavors offered for sale.
b. A class A
general retail establishment shall be staffed by a bartender whose primary duty
is to open and prepare beverage alcohol products for consumption on the
premises by paying customers or to prepare beverage alcohol products with an
appropriate lid or cover on the con tamer for takeout service. Such an
establishment must meet all state and local health and zoning requirements as
set forth by the state and by the parish and the municipality where a class A
general retail outlet is located.
c A class A
general retail permit holder must derive at least 75 percent of its total
retail sales income from the sale of beverage alcohol for consumption on the
premises.
d. A class A
general retail permit shall be issued only to an establishment
where the state
law provides that no person under the age of 18 years is allowed on the
premises except as provided in R.S 26:90(A)(8)(a).
e.
Notwithstanding subsections (a)(1)a through (a)(1)d of this section, the
permitting authority may issue a class A general retail permit for beverages of
low alcoholic content to a bona fide commercial film theater which had a
retailer’s class A permit for beverages of low alcoholic con- tent on January
1, 1994.
f,
Notwithstanding subsections (a)(1)a through (a)(1)e of this section, the
permitting authority may issue a class A general retail permit for beverages of
low alcoholic content to any retail establishment for consumption of beverages
of low alcoholic content on or off the premises. Such establishment must meet
all state and local health and zoning requirements as set forth by the state
and by the parish and municipality where the retail outlet is located. A class
A general retail permit for beverages of low alcoholic content issued pursuant
to the authority of this subsection shall not be deemed or qualify as a
prerequisite for the issuance of any other type license or permit is- sued by
the state or any political subdivisions thereof.
(2) Class A
restaurant. A class A restaurant permit shall be issued only to a restaurant
establishment as defined in this sub- section and shall be issued to a facility
in conjunction with a class R restaurant permit. The term ‘restaurant
establishment” shall be defined as an establishment which:
a. Operates a
place of business whose purpose and primary function is to take orders for and
serve food and food items;
b. Serves
alcoholic beverages in conjunction with meals;
c. Serves food on
all days of operation;
d. Grosses 60
percent of its average monthly revenue from the sale of food, food items and
nonalcoholic beverages;
e. Maintains
separate sales figures for alcoholic beverages; and
f. Operates a
fully equipped kitchen used for the preparation of uncooked foods for service
and consumption of such foods on the premises.
(b) Fee schedule.
Before engaging in the business of dealing in alcoholic beverages having an
alcoholic content of not more than six percent alcohol by volume, every person
shall apply for and obtain from the tax collector annually, dating from January
1 of each year, a permit to conduct each separate business located within the
corporate limits and shall pay for each permit according to the following
schedule:
|
Wholesale
dealers, per year, maximum |
$100.00 |
|
Retail dealers: |
|
|
Class A
general, per year, maximum |
$75.00 |
|
Class A
restaurant, per year, maximum |
$75.00 |
|
Class B, per
year, maximum |
$60.00 |
Sec. 6-31. Application and renewal.
(a) Application. Applications
to engage in the wholesale handling and distribution of alcoholic beverages;
the handling, distribution, sale, use or consumption of alcoholic beverages of
high alcoholic content; and the sale for use or consumption of alcoholic
beverages of low alcoholic content shall be made in accordance with R.S. 26:274
et seq. Licenses may be issued by the mayor immediately after proper
investigation, but for a period of 35 days after issuance such licenses shall
operate on a probationary basis pending final action.
(b) Renewal,
Application for license renewal shall be filed and the fees paid on or before
January 15 of each year. If the dealer fails to file the application and pay
the license fees by that date, there shall be added to the fee, in addition
other penalties
provided in this chapter, a delinquency penalty of five percent if the failure
is for not more than 30 days, with an additional five percent for each
additional 30 days or fraction thereof during which the failure continues, If
the dealer fails to make his application before February 1, the mayor may,
without notice or hearing, suspend his right to do business.
Sec. 6-32 6-60. Reserved.
ARTICLE III OPERATING
HOURS
Sec. 6-61. Penalties for violation.
Any person
convicted of violating this article
(1) On first
offense, be fined not more than $100.00 or imprisoned for not more than ten
days or both.
(2) On second
conviction, be fined no less than $250.00 or more than $500.00 or imprisoned
for not more than 30 days or both.
(3) On the third
or subsequent conviction, be fined $500.00 or imprisoned for not more than 60
days or both, and the offenders license may be suspended for not more than ten
days.
Sec. 6-62, Businesses with retail dealer’s
per
(a) Generally.
The operating hours regulating the sale of alcoholic beverages and the
operating hours regulating businesses whose main business is derived from the
sale of alcoholic beverages in the town is as provided in this section
(b) Prohibited
acts. No person holding a retail dealer’s permit and no associate,
representative, servant, agent or employee of the permittee shall do or permit
any of the following acts on or about the licensed premises:
(1) Sell, offer
for sale, serve or give alcoholic beverages between the hours of 2:00 a.m. and
6:00 am. on all days except Saturday and Sunday, when the morning hours shall
be 2:30 a.m. and 6:00 am.
(2) Allow the
possession or consumption of alcoholic beverages on the premises between the
hours of2:30 am. and 6:00 am. on all days except Saturday and Sunday, when the
morning hours shall be 3:00 a.m. and 600 a.m.
(3) Allow anyone
except employees to be or remain on the premises between 3:00 aCm. and 6:00
a,m. when the sale or handling of alcoholic beverages constitutes the main
business (60 percent income).
(c) Exemptions.
This section exempts the following days from the curfew hours: Christmas Eve
Christmas Day
New Year’s Eve
New Year’s Day
Fourth of July
Any other days
may be exempted by vote of the board of aldermen or by proclamation of the
mayor.
Sec. 6-63, Grocery stores, drugstores and
other businesses.
Grocery stores,
drugstores or other establishments whose main business is not the sale of
alcoholic beverages of high or low alcoholic con tent may remain open for sale
of other items permitted by law, but any sale or consumption of alcoholic
beverages in such places of business during the prohibited hours set forth in
section 662 is expressly prohibited.