Final Sunday Sales Alcohol Proposal (Council Approved 10/24)

7/31/2019 Final Sunday Sales Alcohol Proposal (Council Approved 10/24)

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152 ORDINANCE

AMENDING ORDINANCE 14472 (WINE, BEERAND LIQUOR ORDINANCE), ADOPTEDAugust 27, 2008, SO AS TO AMEND

SECTION 1, (LICENSES, PERMITS,PERMIT HOLDERS); SECTION 3,

(LICENSE/PERMIT CRITERIA); SECTION

5, (HOURS OF OPERATION); AND SECTION6, (PROHIBITED ACTS), REGARDING

SUNDAY SALES, SO AS TO READ AS

FOLLOWS:

BE IT ORDAINED by the Metropolitan Council of the Parish

of East Baton Rouge and the City of Baton Rouge that:

Section 1. Amending Ordinance 14472, adopted August 27,

2008, Section 1, Licenses, Permits, Permit Holders, so as to read

as follows:

LICENSES, PERMITS, PERMIT HOLDERS:

1.A. LICENSES REQUIRED: Any person, firm,corporation or association of personswho, as a business or as a means of

employment, manufactures, blends,rectifies, distills, processes, imports,

stores, uses, handles, holds, sells,

offers for sale, solicits orders for thesale of, distributes, delivers, serves or

transports any beer, porter, ale, fruit

juices, wine, or spirituous beverages ofan alcoholic content not exceeding that

now or hereafter permitted by law, but

greater than one-half () of one(1%)percent of alcohol by volume, or, any

malt, vinous, spiritus, alcoholic orintoxicating liquors containing more than

six (6%) percent of alcohol by volume,within the limits of the Parish of East

Baton Rouge, shall be deemed a retail

dealer, or wholesale dealer, or aclassified employee, as the case may be,

for all purposes of this ordinance. All

such persons must hold all applicablelocal and state permits, pursuant to

Title 26 and the Wine, Beer and LiquorOrdinance.

1.A.1. ESTABLISHMENT OPERATED AS A RETAILDEALER: Any person, firm, corporation,

or association of persons, who conducts

an establishment as a business where anyof the beverages mentioned in Paragraph A

of this ordinance are stored, used,consumed, handled, sold, given away or

otherwise disposed of, shall be


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considered as conducting such

establishment as a retail dealer for allpurposes of this ordinance, and shall pay

the same license tax as that required ofa retail dealer selling for use orconsumption on or off the licensed

premises.

The provisions of this section shall not

apply to publicly owned and/or operatedCommunity Centers for a period of one (1)

year, ending June 11, 1998, for the

purposes of wedding and/or retirementreceptions and only under the following

circumstances:

a) No sales of alcoholic

beverages shall takeplace at such facilities.

b) Only wine and champagneshall be allowed at the

receptions.

c) No alcohol shall be

served during regularworking hours of the

facilities.

The provisions of this section shall not

apply to businesses whose primary purposeis art instruction and only provided that

no sales of alcoholic beverages shall take

place at such facilities and no alcoholicbeverages shall be furnished or handled by

the staff of the business.

1.A.2. CLASSIFIED EMPLOYEE LICENSE REQUIRED:

Any person employed or used in a Class A

or R licensed retail business or alicensed limousine service who, as a

function of their duties, dispense, sellor serve any alcoholic beverages as

described in Section 1.A. of thisordinance shall be required to be

licensed. Persons required to hold

permits under this section shall bereferred to as classified employees and

that classification, as used in this

section, shall include, but not berestricted to mean bartenders, barmaids,

waiters, waitresses, cocktail waiters,cocktail waitresses and chauffeurs

employed by a licensed limousine service

except that this subsection shall notapply to a person holding a dealer's

license, or to a person holding a

Waiter/Waitress Alcoholic Beverage Permitas described in this ordinance.

(a) RETAIL CLERK LICENSE REQUIRED: Any

person employed or used in a Class B


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licensed retail business who, as a

function of their duties, dispenses,sells or serves any alcoholic

beverages as described in Sectionl.A. of this ordinance. Personsrequired to hold permits under this

section shall be referred to asretail clerks and that

classification, as used in this

section, shall include, but not berestricted to mean managers, sales

clerks, retail clerks, and check-out

counter clerks.

(b) WAITER/WAITRESS LICENSE REQUIRED:

Any person employed or used in aClass A or R licensed retail

business whose primary function isto take orders for and serve food

and food items and who also takes

orders for and serves alcoholicbeverages in conjunction with the

serving of those meals.

1.B. FEE SCHEDULE: Every retail dealer, wholesaledealer and classified employee excepting

employees of wholesale dealers, of the abovedescribed alcoholic beverages, is herebyrequired to obtain from the City of Baton

Rouge or Parish of East Baton Rouge thefollowing permit and/or pay the following

annual excise or license tax and/or permit fee

according to their sales classification.

Class A (Beer): Permits the retail dealer

to sell beer, porter, ale, fruit juices, orwine containing not more than 6% alcohol by

volume as described in Section l.A. of this

ordinance for consumption on the licensedpremises at an annual permit fee of Seventy-

Five ($75.00) Dollars.

Class A (Liquor): Permits the retail dealerto sell any malt, vinous, spirituous,

alcoholic or intoxicating liquors containing

more than 6% alcohol by volume as described inSection l.A. of this ordinance for consumption

on the licensed premises at an annual excise

or license tax of Five Hundred ($500.00)Dollars.

Class (A) Beer Caterer: permits the retail

dealer to sell beer, porter, ale, fruit

juices, or wine containing not more than 6%alcohol by volume as described in Section 1.A.

of this ordinance for consumption off of the

licensed premises at a catered function at anannual permit fee of Seventy-Five ($75.00)

dollars.


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Class (A) Liquor Caterer: Permits the retail

dealer to sell any malt, vinous, spirituous,alcoholic or intoxicating liquors containing

more than 6% alcohol by volume as described inSec. 1.A. of this ordinance for consumptionoff of the license premises at catered

functions at an annual excise or license taxof Five Hundred ($500.00) dollars.

Class B (Beer): Permits the retail dealerto sell any beer, porter, ale, fruit juices or

wine containing not more than 6% alcohol by

volume as described in Section l.A. of thisordinance only for use or consumption off the

licensed property at an annual permit fee of

Sixty ($60.00) Dollars.

Class B (Liquor): Permits the retail dealerto sell any malt, vinous, spirituous,

alcoholic or intoxicating liquors containing

more than 6% alcohol by volume as described inSection l.A. of this ordinance only for use or

consumption off the licensed property at anannual excise or license tax of Five Hundred

($500.00) Dollars.

Class C (Beer): Permits the wholesale

dealer, who is defined as any dealer who sellsbeer, porter, ale, fruit juices or winecontaining not more than 6% alcohol by volume

as described in Section l.A. hereof, atwholesale after payment of an annual permit

fee of One Hundred ($100.00) Dollars.

Class C (Liquor): Permits the wholesale

dealer, who is defined as any dealer who sells

any malt, vinous, spirituous, alcoholic orintoxicating liquors containing more than 6%

alcohol by volume as described in Section 1.A.

hereof, at wholesale after payment of anannual permit fee of Five Hundred ($500.00)

Dollars.

Class R (Beer and/or Liquor): P e r m i t s arestaurant as defined within this ordinance,

who is also the holder of a Class A Beer

and/or Liquor license, privileges as may beset forth in this ordinance after payment of

an annual permit fee of Eighty-Five ($85.00)

Dollars.

Restaurant After Hours Permit (R.A.H. Permit):Permits a restaurant as defined within this

ordinance, who is also the holder of a Class A

Beer and/or Liquor License, privileges as maybe set forth in this ordinance who operates

under the same restrictions as a state AR

permit holder after payment of an annualpermit fee of Fifty ($50.00) Dollars.

After Hours Work Permit: Permits the retail

dealer privileges as may be set forth by this


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ordinance who operates under the same

restrictions as a state AR permit holder afterpayment of an annual permit fee of Fifty

($50.00) Dollars.

Classified Employees: Permits persons who

meet certain requirements as set forth in thisordinance to be employed in Class A and R

licensed businesses after payment of a Twenty-

five ($25.00) Dollar fee for issuance of a two(2) year permit.

Waiters/Waitresses: Permits persons who meetcertain requirements as set forth in this

ordinance to be employed in Class A or R

licensed businesses after payment of a Twenty-five ($25.00) dollar fee for issuance for the

duration of employment in that particularcorporation, company or association, with the

Twenty-five ($25.00) dollar fee to be

recharged if the waiter/ waitress who holds awaiter/waitress Alcoholic Beverage Permit

changes position of employment to anothercorporation, company or association.

Retail Clerks: Permits persons who meetcertain requirements as set forth in this

ordinance to be employed in Class B licensedbusinesses after payment of a Twenty-five($25.00) Dollar fee for issuance of the

duration of employment in that particularcorporation, company or association with the

Twenty-five ($25.00) Dollar fee to be

recharged if retail clerk who holds a RetailClerk Alcoholic Beverage Permit changes

positions of employment to another

corporation, company or association.

The fee for all duplicate licenses and permits

shall be Ten ($10.00) dollars. This shallinclude name changes, lost, stolen or damaged

licenses and shall apply to individuals andbusinesses.

All licenses and permits shall be displayed on

the premises and it shall be the

responsibility of the owner and/or manager ofa licensed business to have available for

inspection, all permits of classified

employees and retail clerks upon commencementand for the duration of their employment.

1.C. QUALIFICATIONS FOR APPLICANTS AND BUSINESSES:

Each applicant for Class A, B and C beer or

liquor licenses and/or permits shall meet thefollowing requirements:

1.C.1. Is a person of good character, reputationand over eighteen (l8) years of age.

1.C.2 Is a citizen of the United States and of

the State of Louisiana, and a resident of


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the State of Louisiana continuously for a

period of not less than two years nextpreceding the date of the filing of the

application. The requirements as tocitizenship and residence do not apply toofficers, directors, and stockholders of

corporations applying for retail permitsonly. The corporation shall be either

organized under the laws of the State of

Louisiana or qualified to do businesswithin the State of Louisiana. The

requirements as to Louisiana citizenship

do not apply to wholesalers or retailerswho held permits on or prior to January l,

l946.

1.C.3. Is the owner of the premises or has a bona

fide notarized written lease.

1.C.4. Has not been convicted of a felony under

the laws of the United States, the Stateof Louisiana, or any other state or

country, unless the applicant has beenpardoned, or, if the applicant is a firm,

association, partnership, trust, domestic

or foreign corporation, or other legalentity, the applicant has terminated its

relationship with the person or personswhose action directly contributed to theapplicant's conviction. A conviction or

plea of guilty or nolo contendere by theapplicant shall not constitute an

automatic disqualification of the

applicant if the felony for which theapplicant was convicted is not a crime of

violence as defined in La. R.S. 14:2(B)

and ten years or more have elapsed betweenthe date of application and the successful

completion of any sentence, deferred

adjudication, or period of probation orparole and the final discharge of the

defendant.

1.C.5. Has not been adjudged by a board orconvicted by a court in this or in any

other state or by the United States or any

other country of soliciting forprostitution, gambling, letting of

premises for gambling, contributing to the

delinquency of juveniles, keeping adisorderly place, or illegally

distributing or intent thereof inControlled Dangerous Substances as defined

in Louisiana Revised Statutes.

1.C.6.(a) Has not had any authorized license or

permit connected with alcoholic beverages

revoked.

(b) Has not had a judgment of court renderedagainst him involving alcoholic beverages,

by this political subdivision, or this or


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any other state, or by the United States,

for two (2) years prior to theapplication.

1.C.7. Has not been adjudged by any board orconvicted by a court of violating any

provisions of Title 26 of the LouisianaRevised Statutes.

1.C.8. Has not been adjudged by any board orconvicted of violating any municipal or

parish ordinances adopted pursuant to the

provisions of L.R.S. 26:494.

1.C.9. Has not had any certificate, permit or

license to dispense alcoholic beverages asdescribed anywhere in this ordinance,

issued by any other parish, municipality,or state, suspended or revoked, or had the

application denied. If the applicant has

been so adjudged, the granting of anycertificate, permit or license or of a

renewal is within the discretion of theBoard.

1.C.10. Is not the spouse of a person whoseapplication has been denied or whose

permit has been revoked, unless judiciallyseparated or divorced; provided that insuch cases the age of the ineligible

spouse shall be immaterial.

1.C.11. That granting of an application in no way

contradicts the purpose and intent of anyprovision of this ordinance.

1.D. CLASS R PERMIT (RESTAURANT) CRITERIA:

Each applicant for a Class R (Restaurant)Permit shall, in addition to holding a

Class A beer and/or liquor license/permit,meet the following criteria:

1) Must operate a place of business

whose primary purpose is to prepare-meals to the general public for

consumption on premises.

2) Must serve food on all days of

operation.

3) Must file a copy of the applicant's

menu together with the application,both new and renewal.

4) Must furnish an affidavit from thelocal health department showing

compliance with all applicable healthand sanitary requirements with new

applications.


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5) Must gross fifty-one(51%) percent of

their monthly revenue from the saleof food, food items and nonalcoholic

beverages.

6) Must maintain separate sales figures

for alcoholic beverages.

7) All applications for Class R Permits,

whether new or renewal, shall be inwriting, sworn to in front of a

Notary Public, and shall contain the

full name of the applicant along witha complete description and correct

address of the premises in which the

restaurant is located.

8) Operate a bona fide restaurant byhaving a fully equipped kitchen

facility and dining room manned and

operated at all times that alcoholicbeverages are sold on Sunday.

9) The Class R Permit shall be subject

to revocation by the ABC Board at any

time following a hearing as providedfor all other licenses and/or permits

issued under this ordinance and adetermination that the permitteefails to meet the criteria set forth

in this ordinance.

10) No children under the age of eighteen

(18) are allowed in the bar area ofa restaurant whether seated at the

bar or at tables within the bar area.

Children under the age of 18 are alsonot allowed to play games within the

bar area. The only exception is

children passing through the bar areain order to access other

accommodations of the restaurant.

11) For new businesses without priorbusiness experience on which to base

a determination of percentage of

food, etc., sales to alcoholicbeverages, a temporary permit may be

issued by the Board for sixty (60)

days after which time evidence of allsales, as may be deemed necessary by

the Board, will be required to makethe permit permanent.

1.E. QUALIFICATIONS FOR CLASSIFIED EMPLOYEES, RETAILCLERKS AND WAITER/WAITRESSES: Each applicant

for a permit as a classified employee, retail

clerks and waiters/waitresses shall meet therequirements as listed in Section 1.C.,

excepting the two (2) year residencyrequirement and the requirements of both

national and state citizenship as required


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under Section 1.C.2. hereinabove, provided that

any person not a citizen of the United Statesshall be the holder of a properly issued

passport and current visa. If the aboveapplicant has been adjudged by a board orconvicted by a court in any matter stated in

Section 1.C. of this ordinance, the granting ofany permit or of a renewal is within the

discretion of the Board.

1.F. FEE FOR PERMIT: Every Class A, B, C and R

liquor dealer, in addition to the license tax

levied in Section l.B. hereof is herebyrequired to obtain from the City of Baton Rouge

or Parish of East Baton Rouge an annual permit

to conduct such business during the appropriateyear and shall pay the sum of Five ($5.00)

Dollars.

1.G. LICENSES NON-TRANSFERABLE: Separate permitsand licenses shall be required for each place

of business operated by a retail or wholesaledealer. All permits and licenses issued herein

shall be personal and non-transferable. If the

business is sold or transferred during theperiod for which the permit or license was

issued, the new owner or operator must applyand pay for a new permit and license in themanner and under the conditions set forth in

Sections 1.HJ. and 3.A.3. of this Ordinance.

1.H. CHANGE OF LOCATION: A retail dealer, or

wholesale dealer, shall conduct his businessonly in the licensed premises, and no permit

issued hereunder shall authorize the conducting

of business in any changed location except uponapplication therefor submitted to the ABC

Board, which may grant or deny the application,

as it deems advisable, but if approved, noadditional license or permit shall be required.

1.I. FEES FOR ACQUIRING AN EXISTING BUSINESS: Any

Class A, B, C and R beer and/or liquor dealerwho, on or after July 1st of any year, acquires

a business currently licensed for that year,

shall pay a license or excise tax of sixty-five(65%) percent of the annual amount for the

remainder of that year and a Five ($5.00)

Dollar permit fee, in the case of a liquordealer for the balance of the appropriate year.

1.J. THREE DAY TEMPORARY BEER AND/OR LIQUOR PERMIT:

(1) NON-PROFIT ORGANIZATIONS: There shall beissued by the Alcoholic Beverage Control

Office a three day temporary beer and/or

liquor permit to charitable organizations,religious organizations, non-profit

organizations and fraternal organizationsfor the purpose of serving beer and/or

liquor at non-profit fairs held by these


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organizations. The religious, charitable,

non-profit and fraternal organizations,which are non-profit organizations in

nature, must be classified as such by alltaxing authorities. The application fora three day permit must be accompanied by:

(l) a copy of the Charter of theorganization, club or facility; (2) a

current, accurate membership roster

showing full names of members and theircurrent residence address with only those

members of legal age being authorized to

dispense alcohol for the length of thepermit without obtaining a bartender's

license; (3) certification by the duly

elected officers of the organization thatsaid organization is certified as a non-

profit organization by all taxingauthorities and list such authorities.

(2) CERTIFICATION BY BUILDING OFFICIALREQUIRED: The application must accompany

a permit granted by the Building Officialin accordance with Title 9, Part VII

(Carnivals, Street Fairs, Circuses, etc.),

Sections 111 through ll6 of the Code ofOrdinances for the City of Baton Rouge,

and Title 9, Part IV (Carnivals, StreetFairs, Circuses, etc.), Sections 76through 80 of the Code of Ordinances for

the Parish of East Baton Rouge. Acertification from the Building Official

must indicate that all of the requirements

to have a fair are in accordance with theordinance governing carnivals, street

fairs, circuses, etc. Those

organizations qualified above inSubsection 'A' that own or lease private

property where a fair is to be held must

provide a general description of theproperty in lieu of obtaining

certification from the Building Official.

(3) HOURS OF OPERATION: Such three day beerand/or liquor permit shall be for three

consecutive days only, beginning at the

time designated by the ABC Office andending at the time designated by the ABC

Office, at which time such beer and/or

liquor permit shall expire. This permitunder this Section is not for the purpose

of serving alcohol beyond the closinghours as provided in the Wine, Beer and

Liquor Ordinances for the City of Baton

Rouge and Parish of East Baton Rouge.

(4) LOCATION REQUIREMENTS: This three day

beer and/or liquor permit shall be for thepurpose of serving beer within the

designated boundaries of the fair asprovided to the Building Official. This

Section shall be an exception to the


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provisions requiring licensed premises

under The Wine, Beer and Liquor Ordinancesfor the City of Baton Rouge and Parish of

East Baton Rouge.

1.K. SPECIAL EVENT PERMIT: A Special Event Permit

may be issued to any licensed premises by theAlcoholic Beverage Control Office with the

approval of the council member in whose

district said special event is to be held. Inthe absence of the council member and in cases

where expediency is necessary, the ABC Director

or his designee may approve the Special EventPermit. Under no circumstances shall a Special

Event Permit be issued under this section to

include a Sunday.

All businesses located within theterritorial limits of the "Downtown

Development District" as defined in La.

R.S. 33:2740.8, are eligible for a SpecialEvent Permit regardless of whether or not

their main business is the sale ofalcoholic beverages.

The permit fee shall be Three Hundred($300.00) Dollars for liquor (to include

beer and wine) or One Hundred ($100.00)Dollars for beer only. No more thantwelve (12) Special Event Permits shall be

issued to any location in any given year.Each permit issued shall represent a

single day and the fee shall apply to each

permit issued. The Alcoholic BeverageControl Office shall not issue any Special

Event Permit to any applicant for said

permit if such applicant is delinquent inthe payment of any tax, license or fee to

the City of Baton Rouge or Parish of East

Baton Rouge.

The provisions of this section shall notapply to those religious, charitable, non-

profit and/or fraternal organizationsdescribed in Section 1.J of this

ordinance.

(1) Fraternal Organizations on College

Campuses: Fraternal Organizations located

on college campuses shall be allowed toobtain no more than twelve (12) special

event permits at any location in any givenyear. These permits may be obtained

through a retailer or caterer who

possesses a current valid licensed to sellalcoholic beverages in East Baton Rouge

Parish. The same requirements as set

forth for any other individual ororganization desiring to obtain a special

event permit must be met.

1.L. WINE TASTINGS: Wine sampling for the purposes

of allowing a customer to taste a brand of winemay be conducted at any time on any premises


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holding a Class B (Liquor) permit issued

pursuant to Section 1.A and Section 1.B of thisordinance subject to the following conditions

and restrictions:

1.L. 1. The retail dealers total monthly

inventory must include at least seventyfive percent (75%) of still and/or

sparkling wine products.

1.L. 2. Ninety percent (90%) of the retail

dealers gross annual revenue shall be

from the sale of still and/or sparklingwine for consumption off the licensed

premises.

1.L. 3. Still and/or sparkling wine samples shall

be offered to customers free of charge andonly in accordance with the restrictions

set forth herein.

1.L. 4. Samples shall be provided in portions no

greater than two (2) ounces per serving.Only one (1) serving per brand shall be

provided to a customer on any given day.

If a brand contains twenty three percent(23%) or more of alcoholic content, then

the sample portion shall be no greaterthan one-half () of one (1) ounce percustomer on any given day.

1.L. 5. A retail dealer, wholesaler, manufacturer

and/or supplier may furnish the still

and/or sparkling wine to be sampled andthe containers used to hold such still

and/or sparkling wine in connection with

the sampling subject to state and/orfederal laws, rules and/or regulations.

1.L. 6. No person under the age of 18 shall beallowed in the area of a Class B (Liquor)

establishment that offers wine tastingspursuant to this Section at any time

unless accompanied by a parent, legalguardian or spouse 21 or older.

1.L. 7. All persons serving still and/or sparklingwine pursuant to this Section 1.L shall

have the appropriate valid and current

Class A servers license.

1.L. 8. Any retail dealer holding a Class B(Liquor) permit who meets the

qualifications set forth in this Section

1.L and desires to conduct wine tastingsin accordance with this Section 1.L shall

so designate its intent to conduct such

wine tastings on its original applicationfor a Class B (Liquor) permit or shall

amend its application to reflect itsintent to conduct such wine tastings. No

retail dealer shall conduct wine tastings


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pursuant to this Section 1.L unless and

until it has received prior writtenauthorization from the Office of Alcoholic

Beverage Control.

1.L. 9. The fee for allowing wine tasting pursuant

to this Section 1.L shall be Five hundreddollars ($500.00) per year per licensed

location.

1.M. WINE TASTING PERMIT: Except and unless provided

for in Section 1.L of this ordinance, stilland/or sparkling wine sampling for the purposes

of allowing a customer to taste a brand of

still and/or sparkling wine shall not beconducted on any premises holding any permit

designated in Section 1.A and Section 1.B ofthis ordinance unless such still and/or

sparkling wine sampling is conducted in

accordance with the following conditions andrestrictions:

1.M. 1. Any retail dealer holding a Class B

(Liquor) permit may apply to the Office of

Alcoholic Beverage Control for a WineTasting Permit pursuant to this Section at

least one (1) week prior to the proposeddate of the sampling setting forth thedate, time, location, and brand(s) of wine

to be sampled.

1.M. 2. A retail dealer, wholesaler, manufacturer

and/or supplier may furnish the stilland/or sparkling wine to be sampled and

the containers used to hold such still

and/or sparkling wine in connection withthe sampling subject to state and/or

federal laws, rules and/or regulations.

1.M. 3. All samplings conducted pursuant to this

Section 1.M shall be limited in durationto one (1) day and no more than one (1)

Wine Tasting Permit shall be issued forany licensed premises each month.

1.M. 4. The fee for the Wine Tasting Permit(s)provided for in this Section 1M. shall be

One Hundred Dollars ($100.00) per permit.

1.M. 5. All persons serving still and/or sparkling

wine pursuant to a Wine Tasting Permitissued in accordance with this Section 1.M

shall have the appropriate valid and

current Class A servers license.

1.M. 6. Wine sampling conducted pursuant to a Wine

Tasting Permit issued pursuant to thisSection 1.M shall be restricted to within

a 15 foot radius of the area of thelicensed premises where most of a retail

dealers wine inventory is normally and


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routinely stocked, merchandised, and/or

marketed.

1.M.7. No person under the age of 18 shall beallowed in the area of a Class B (Liquor)establishment that offers wine tastings

pursuant to this Section at any timeunless accompanied by a parent, legal

guardian or spouse 21 or older.


2008, Section 3, License/Permit Criteria, Subsection 3.A, so as to

read as follows:

Section 3. LICENSE/PERMIT CRITERIA:

3A. NOTICE OF INTENT:

(aa) Statement of Intent: New Businesses, Classes

A, B and R: As a prerequisite to the filing of

an application for permits for new business

hereunder, the applicant must file a statement

of intent for a fee of Five hundred sixty-four($564.00) dollars to apply for a permit. This

statement of intent shall be submitted to theAlcoholic Beverage Office, disclosing the

proposed location of the establishment. Anassigned agent will go to the proposed site

whereupon the agent will determine if said

site meets location requirements as covered inthis ordinance. Upon approval of the site,

notice shall issue in accordance with

subsection (bb) of this Chapter.

(bb) Notice Requirements:

1. Upon approval of the site, an agent shall

post a sign at the proposed location.Said sign shall be printed on orange,

18x24 inch paper, as utilized by thePlanning Commission, and shall be

horizontally oriented to maximize

visibility to the public. Said sign shallremain visible in the designated location

at all times for a period of thirty (30)

consecutive days.

a. Penalty for non-compliance: If, atany point during the 30 day

notification period, ABC staff

conducts a site visit and finds thatthe sign has been materially damaged,

moved, altered, hidden, removed, or is

otherwise obstructed from view, theBoard shall post a new sign at the

location in accordance with thisChapter. The 30 day notification will


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begin to run anew as of the date the

new sign is posted. An applicant whotimely self-reports a missing,

damaged, or otherwise obscurednotification may be exempt from thetime penalty provided herein, in the

sole discretion of the ABC Director.

2. Within 7 days from the posting of notice

at the designated location, officialnotice of the posting period of 30 days

shall be mailed via regular mail from the

Office of Alcohol and Beverage Control toowners and occupants of real property

within a 500 ft. radius of the proposed

location as determined by the PlanningCommission. The applicant shall be

assessed a reasonable fee by the ABCoffice to offset the costs of mailing

notices.

(cc) Official Report: During the 30 day

notification period, ABC staff shall completeand deliver to the Board an official report

that will be used primarily for the purpose of

determining the risk of localoverconcentration of liquor outlets. Utilizing

the most recent data available from the U.S.Census Bureau, East Baton Rouge ParishSheriffs Office, Baton Rouge City Police,

Planning Commission, and other relevantagencies, this preliminary report shall

include, but not be limited to, the following

information on the area within a 1 mile (5,280ft) radius of the proposed location, to

include census blocks within that radius where

necessary:

1. Average household income (to include

percentage of home ownership where datais available)

2. Family structure (percentage of single-parent households, percentage of

population consisting of males betweenthe ages of 15-24 years)

3. Population-Population Density (overall

population of the specified area)4. Crime statistics by type of crime and

frequency for the preceding 12 month

period5. Number of liquor licenses in the vicinity

by type of license6. Total number of liquor licenses in

vicinity

7. Business plan of proposed licensee

For the purposes of determining overconcentration

of liquor outlets, no single factor listed hereinis controlling. All relevant factors, as

determined by the Board, must be considered indetermining whether to allow an application to


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proceed. Such factors may include, but not be

limited to, the following:

(i) Risk of undue congestion of streets and trafficaccess;

(ii) Land or building usage which is, or may becomeincompatible with existing character or usage of

the neighborhood;

(iii) An overconcentration of types of land useor zoning in proportion to population, land use and

public facilities in the neighborhood;

(iv) Affect the reliance that neighboring propertyowners or occupants have placed upon existing

zoning patterns;

(v) Creation of a spot zone, that is, anincompatible or unrelated classification which

would prevent the normal maintenance and enjoymentof adjacent properties; and

(vi) Any other concern that would affect the public

health, safety or morals.

(dd) Approval of Statement of Intent: After the 30

day notification period, and upon receipt and

review of the official report, the Board mayissue notification to file application in

accordance with Sections 3.A.1. and 3.A.2.hereof. Prior to issuing such notice, theBoard shall, at all times, consider the impact

that a new license or liquor outlet would haveon the immediate area surrounding the new

outlet, based on facts and information as

provided in the official report, and deny theapplication if the Board finds that the new

outlet would cause or contribute to

overconcentration of liquor outlets in thearea, or would otherwise adversely affect

public health, safety or morals.

(ee) Right of Appeal. If, reviewing the evidence,

an application is denied and the Board refusesto issue notification to file application, the

applicant shall have the right to take anappeal in accordance with the provisions of

Baton Rouge City Code Section 1:153. The

decision of the Board shall be final unlessappealed within the time and manner set forth

above.

(ff) Opposition Procedure: If, during the 30 day

notification period, complaint or oppositionis made, the ABC Office shall refuse to issue

the notification to file application and shall

order the complainant(s) and the applicant toappear before the next scheduled meeting of

the Alcoholic Beverage Control Board, in order

for the complainant(s) to show cause why thenotification should not be issued. The burden

of proof shall be on the complainant(s) toprove by a preponderance of evidence

justifiable grounds for denying the issuance


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of a notification to file application.

Justifiable grounds include any grounds setforth in the Louisiana Revised Statutes, Title

26, or City-Parish Beer and/or LiquorOrdinances, Title 9, or any other groundswhich might adversely affect the public

health, safety, or morals, including theinformation provided in the official report.

If the Board dismisses the complaint(s), it shall

issue the notification to file application, and the

applicant may proceed in accordance with thep r o v i s i o n s o f S e c t i o n 3 . A . 1 .

hereunder. Notwithstanding the decision of the

Board, however, the complainant(s) shall have theright to file with the ABC Office a sworn formal

petition of opposition to issuance of a permit atany time prior to same being issued. Upon receipt

of any such petition, the ABC Office shall

immediately send the permit application and a copyof the petition to the appropriate State office for

review in accordance with Louisiana RevisedStatutes Title 26. No further action will be taken

on the permit application when such a petition is

filed until ruled upon by the State office. In theevent the Board sustains the complaint(s), it shall

refuse to issue the notification to fileapplication, the applicant shall have the right totake an appeal in accordance with the provisions of

Baton Rouge City Code Section 1:153. The decisionof the Board shall be final unless appealed within

the time and manner set forth above.


2008, Section 5, Hours of Operation, Subsections 5.A, 5.A.1, 5.A.2,

5.A.3, 5.A.5, 5.A.6 and 5.A.7, so as to read as follows:

Section 5. HOURS OF OPERATION:

5.A. CLASS A, and B & R LICENSE HOLDERS: The hours

of operation of all Class A, B and R on-

premises consumption license holders shall befrom 6:00 A.M. daily until 2:00 A.M. of the

following day , Mondays through Saturdays, and

from 11:00 A.M. Sunday daily until 12:00 A.M.Midnight Sunday. The hours of operation of all

Class A and B off-premises consumption licenseholders shall be from 6:00 A.M. daily until

2:00 A.M. of the following day. Whenever New

Years Eve falls on a Sunday, all Class Alicense holders shall be allowed to operate

between the hours of 8:00 P.M. on New Years

Eve until 2:00 A.M. the following day, withthe owner and any employees being allowed to

enter the premises at 6:00 P.M. to prepare foropening at 8:00 P.M. No alcohol shall be

served, consumed or sold until 8:00 P.M. and


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the premises must be vacated by 2:00 A.M. the

following day. All Class A license holdersshall be allowed to operate the hours of 11:00

A.M. until 12:00 midnight on SuperbowlSunday, with the owner and any employeesbeing allowed to enter the premises at 9:00

A.M. to prepare for opening at 11:00 A.M. Noalcohol shall be served, consumed or sold

until 11:00 A.M. and the premises must be

vacated by 12:00 midnight. It shall be acriminal offense as well as a violation of

this ordinance for any holder of such a retail

dealer's license/permit issued under thisordinance or a servant, agent or employee of

same to dispense, in any manner, beverages

described in Section l.A. of this Ordinancebetween the hours of 2:00 A.M. and 6:00 A.M.

on weekdays and Saturdays, and between thehours of 2:00 A.M. Sunday and 6:00 A.M.

Mondays following, except as provided below:

5.A.1. SUNDAY SALES-CLASS A: Class A license

holders shall be allowed to operate andsell alcoholic beverages on Christmas Eve

and New Years Eve (if such dates fall on

a Sunday) and Super Bowl Sundays, between11:00 a.m. on such Sunday and 2:00 a.m.

on the following day, with the owner andany employees being allowed to enter thepremises at 9:00 A.M. to prepare for

opening at 11:00 A.M. No alcohol may beserved, consumed or sold until 11:00 A.M.

and the premises must be vacated by 2:00

A.M. the following day.

5.A.2. Class B alcoholic beverage license/permit retail dealers, licensed under

the provisions of this ordinance may sell

alcoholic beverages 11:00 A.M. Sunday to12:00 Midnight Sunday.

5.A.3. SUNDAY SALES-CLASS R: Class R

(Restaurant) permit holders may sellbeverages described in Section 1.A hereof

between the hours of 11:00 A.M. Sunday

and 12:00 Midnight Sunday in connectionwith the serving and selling of meals and

provided that all provisions of Section

1.D. pertaining to Class R permits aremet and that no bar or lounge be opened

to the general public during the sameperiod which would be contrary to the

reasonable purpose and intent of this

provision which is to permit persons tobe served alcoholic beverages only as

part of a meal.

* * *


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5.A.25. SUNDAY SALES-NON PROFIT ORGANIZATIONS:

Religious, charitable, fraternal,veterans and other private clubs, which

are non-profit organizations in natureand classified as such by all taxingauthorities, licensed under the

provisions of this ordinance, uponcertification as a non-profit

organization by the A.B.C. Office, shall

be permitted to sell beverages describedin Section 1.A. hereof between the hours

of 11:00 A.M. Sunday and 12:00 Midnight

Sunday subject to meeting the followingconditions:

5.A.25.(a) CRITERIA: That an organizationdescribed in this section apply

for and receive on an annualbasis, a permit to serve

alcoholic beverages during the

hours specified above.

5.A.25.(b) DOCUMENTATION REQUIRED: Saidpermit application to be

accompanied by:

1) A copy of the charter of the

organization, club, orfacility.

2) A current, accurate membershiproster showing full names of

members and their current

residence address.

3) Certification by the duly

elected officers of theorganization that said

organization is certified a

non-profit organization by alltaxing authorities and list

such authorities.

4) That an organization applyingfor a permit under this section

also hold a current

license/permit under otherprovisions of this ordinance

for the sale of alcoholic

beverages.

5.A.36. CLOSING HOURS: All stores, shops,saloons or any other place of

business licensed under this

ordinance shall be closed at 2:30A.M. continuously until 6:00 A.M.

the same day and shall be closed at

2:30 A.M. Sunday and shall be closedon Sundays from 2:30 A.M. to 11:00

A.M., except as provided below:


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5.A.6 3.(a) Restaurants who have obtained a

Class R Restaurant Permit ormeet and maintain the

requirements set forth inSection 1.D of this ordinancemay remain open for the sale of

food and food items only, afterapplying for and receiving on

an annual basis an additional

Restaurant After Hours Permit(R.A.H. Permit) for an annual

fee of Fifty dollars ($50.00).

However, no sale, dispensing orconsumption of alcoholic

beverages shall be allowed or

permitted anywhere on thelicensed premises during the

prohibited periods set forthabove. During the prohibited

periods, no opened or sealed

containers containing alcoholicbeverages shall be allowed

anywhere on the licensedpremises or property except in

a locked cabinet, locked

closet, locked storage room orlocked separate room.

Businesses who maintain roomsused as lounges or bars whichare separate from the

restaurant section, must lockthose separate rooms during the

prohibited period. Proof of

the finding of any opencontainer holding alcoholic

beverages at any other place in

the licensed premises duringthe prohibited periods shall

result in a presumption that

some of the contents of thecontainer are consumed on the

licensed premises on the datefound and during the prohibited

period; and shall furtherresult in a presumption that

the contents of the container

were sold by the license/permitholder, his manager, agent,

servant or employee on the date

found.

(1) OPEN CONTAINER: The term "opencontainer," as used in this section,

or elsewhere in this ordinance,

shall include, but not be restrictedto mean any vessel or container of

alcoholic beverages which if opened

in any manner which would permit thecontents to be consumed or poured or

any container upon which the sealhas been broken and the contents

exposed to the air. "Open


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container" shall be any container

not sealed by the distillery of thealcoholic beverage or liquor,

including beer, and "open container"includes, but is not limited to,paper, plastic, styrofoam or any

other disposable containersregardless of whether the container

has a top affixed thereto. It shall

be unlawful to sell, disburse orpermit the sale or disbursement of

alcoholic beverages or liquors,

including beer, in any opencontainer for consumption off

licensed and/or leased premises; or

to furnish open containers topatrons for the intent and purpose

of removal and consumption ofalcoholic beverages and liquors,

including beer, off the licensed

premises and/or leased premises.

(2) CLOSED: The term "closed", as usedin this section or elsewhere in this

ordinance shall mean the entire

licensed building shall be locked,that all lights shall be out, and

that no one shall be inside of saidpremises and that no dispensing orconsumption of any alcoholic

beverages shall take place on thesubject property.

5.A.36.(b) SUNDAY CLEAN-UP, INVENTORY &MINOR MAINTENANCE: The

permit/license holder and/or

manager of record with the ABCOffice, employees of the

permittee, also on record with

the Office, may be in or uponthe licensed premises on Sunday

between the hours of 2:30 A.M.and 11:00 A.M. 7:00 P.M., only,

for the sole purpose of takinginventory, cleaning up and

doing minor maintenance;

however, no sale, dispensing orconsumption of alcoholic

beverages shall be permitted

except as provided for underSections 5.A.1, 5.A.2 and

5.A.3.

5.A.36.(c) REMOVAL OF BAND EQUIPMENT: The

permit/license holder, bandmembers, and manager of the

permittee may be in or upon the

licensed premises between 2:30A.M. and 3:00 A.M. for the sole

purpose of removing all bandequipment, after the bar is

closed at 2:30 A.M. to the


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general public and all

customers are off the licensedpremises. This section shall

in no way be construed toextend Section 5.A. (Hours ofOperation) which prohibits the

sale, serving or dispensing ofalcoholic beverages after 2:00

A.M. nor Section 5.A.35

(Closing Hours) which requiresthat all customers must be off

the licensed premises by 2:30

A.M. and prohibits anyconsumption of alcoholic

beverages after 2:30 A.M.

5.A.36.(d) AFTER HOURS CLEAN-UP PERMIT: A

permit holder may obtain fromthe Alcoholic Beverage Control

Office an annual After Hours

Clean-up Permit, after paymentof Fifty dollars ($50.00),

which would allow the permitteeto hire such persons as

necessary to be in or on the

licensed premises, between 2:30A.M. and 6:00 A.M. Monday thru

Saturday for the sole purposeof cleaning the premises,provided that no sale,

dispensing or consumption ofalcoholic beverages shall be

permitted upon the licensed

premises during the abovehours. Authorization of the

above shall be issued upon

written application by thepermittee to the ABC Office.

The application shall contain

the names of the persons to bein or on the premises to be

cleaned. This permit shall beupdated by written request when

new personnel are employed bythe permitted with an

additional charge of Twenty

dollars ($20.00). The AfterHours Clean-Up Permit shall be

posted and available for

inspection by any LawEnforcement Officer or ABC

Agent. This permit shall havethe names of those clean-up

persons listed on the face of

the permit and only thosepersons listed on the permit

shall be allowed on the

premises during those hours.Any changes, erasures, or

alterations to the permit madeby any person other than those

authorized by the ABC Office


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shall constitute a violation of

this section and subject thepermittee to fines and/or

suspensions of this permit at ahearing before the ABC Board inthe same manner as provided for

all other permits or licensesissued.

5.A.6.(e) SUNDAY WORK PERMIT: In the event ofrepairs or alterations to the

licensed premises, authorization

shall be granted to the permittee andsuch contractors, subcontractors and

workmen as may be necessary to be in

or upon the licensed premises onSunday between the hours of 7:00 A.M.

and 7:00 P.M. only, provided that nosale, dispensing, or consumption of

alcoholic beverages shall be

permitted upon the licensed premises.Authorization of the above shall be

granted by the ABC Office, shall bein writing, shall be for a specific

stated purpose, and shall extend for

a fixed period of time on the Sundayon which the work is to be done. A

request for such authorization shallnot be granted after l2:00 NoonThursday preceding the Sunday on

which the repairs are to be made.

5.A.47. EXEMPTIONS: Those businesses

exempted from the provisions offormer L.R.S. 51:191 and by the

provisions of former L.R.S. 51:192 as

they read when repealed in 1986, andriverboats as defined in the

Louisiana Economic Development and

Gaming Control Act, La. R.S. 9:501,et seq., and adjacent docking and

patron assembly facilities, mayremain open for the sale of other

items permitted by law, but any sale,dispensing, or consumption of

alcoholic beverages at such places of

business during the prohibitedperiods set forth above is expressly

forbidden. During the prohibited

periods, no open containers, glasses,bottles, cans or other containers

holding alcoholic beverages shall beallowed anywhere on the licensed

premises or property, except in a

locked cabinet or cupboard; providedthat those businesses maintaining

separate rooms for the conduct of the

business of dealing in alcoholicbeverages may securely close and lock

said separate rooms. Proof of thefinding of any open container holding

alcoholic beverages at any other


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place in the licensed premises during

the prohibited periods shall resultin a presumption that some of the

contents of the container wereconsumed on the licensed premises onthe date found and during the

prohibited period; and shall furtherresult in a presumption that the

contents of the container were sold

by the license/permit holder, hismanager, agent, servant or employee

on the date found. The term 'open

container,' as used in this section,or elsewhere in this ordinance, shall

include, but not be restricted to

mean any vessel or container ofalcoholic beverages which is open in

any manner would permit the contentsto be consumed or poured or any

container upon which the seal has

been broken and the contents exposedto the air. 'Open container' shall

be any container not sealed by thedistillery of the alcoholic beverage

or liquor, including beer, and 'open

container' includes, but is notlimited to, paper, plastic, styrofoam

or any other disposable containersregardless of whether the containerhas a top affixed thereto. It shall

be unlawful to sell, disburse orpermit the sale or disbursement of

alcoholic beverages or liquors,

including beer, in an open containerfor consumption off licensed and/or

leased premises; or to furnish open

containers to patrons for the intentand purpose of removal and

consumption of alcoholic beverages

and liquors, including beer, off thelicensed premises and/or leased

premises. The term 'closed', as usedin this section or elsewhere in this

ordinance, shall mean the entirelicensed building shall be locked,

that all lights shall be out, and

that no one shall be inside of saidpremises and that no dispensing or

consumption of any alcoholic

beverages shall take place on thesubject property.


2008, Section 6, Prohibited Acts, Subsection 6.A.6, so as to read

as follows:

Section 6. PROHIBITED ACTS:


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6.A.6. PERMIT EMPLOYEES TO CONSUME ALCOHOLIC

BEVERAGES: Permit any ClassifiedEmployee or for any Classified

Employee described in this ordinanceto consume any alcoholic beverages onthe licensed premises during hours of

operation of the business or duringthe normal working hours of said

employee, except that this section

shall not apply to those personsemployed in Class R licensed

businesses.

Section 5. The provisions of this ordinance are declared

to be separate and severable. The invalidity of any clause,

sentence, paragraph, subdivision, section or portion of this

ordinance, or the invalidity of the application thereof to any

person or circumstances shall not affect the validity of the

remainder of this ordinance, or the validity of its application to

other persons or circumstances.

Section 6. All ordinances or parts of ordinances in

conflict herewith are hereby repealed.

Documents

Final Sunday Sales Alcohol Proposal (Council Approved 10/24)