The provisions of this Article shall apply only in Wards 2 and 6 of the Parish.
SEC.
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.
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.
Alcoholic beverages containing more than six percent (6%) alcohol by volume.
SEC.
Alcoholic beverages containing not more than six percent (6%) alcohol by volume.
SEC.
To sell, use, distribute, store, consume or otherwise handle.
SEC.
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.
A place where a person sells alcoholic beverages in closed containers, prepared for
transportation and consumption off the premises.
SEC.
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.
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.
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.
This Section repealed by virtue of La.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
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.
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;
F. Special Events Permit (three day):
3-119.00 Permit Required
3-120.00 Classes Of Permits
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.
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.
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
STATE REFERENCE: LSA R.S. 26:273 CROSS REFERENCE: Sec. 2-009.00(a)(2)
SEC.
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 subse
quent to July first of any year, one-half of the annual permit fee shall be paid and collected.
SEC.
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.
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.
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.
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.
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.
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.
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.
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.
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.
SEC.
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.
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.
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.
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.
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.
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)
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.
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.
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.
SEC.
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.
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.
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.
SEC.
SEC.
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.
3-142.01 Prohibited Acts
(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)
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)
3-143.00 Suspension, Revocation Of Permits; Hearing
