Chapter 6 – ALCOHOLIC BEVERAGES

 

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ARTICLE I.-IN GENERAL

 

Sec. 6-1.-Definitions.

Sec. 6»2. – Possession of alcoholic beverages without having paid taxes thereon

Sec. 6-3. – Regulation: possession, drinking at citv premises prohibited.

$ec, S-4, – U$e of aJcohQliC beverage^ in gjx/jc center,

Sec. 6*5. – Consumption in public places.

Sees. 6-6-6-25. ■ Reserved.

Sec, 6-1. – Definitions,

The provisions of this chapter shall govern and regulate the sale of beverages of low alcoholic content and/or beer. Definitions of R.S. 26:241 are adopted in this chapter as applicable.

(Code 1977, § 104007(a); Code 1995,SM Cross reference- Definitions generally,JLL2

Sec. 6-2. Possession of alcoholic beverages without having paid taxes thereon.

It shall be unlawful for any person in the city to possess any alcoholic beverages or fluids on which federal and state taxes levied thereon, either in connection with the manufacture or sale of alcoholic beverages, or in any way imposed, shall not have been paid.

(Code 1977, § 10-2014: Cod& 1995. $ (jj-g

Sec. 6-3. Regulation; possession, drinking at city premises prohibited.

It shall be unlawful for any person to possess or drink alcoholic beverages, including beer, at any place in the city where there appears a sign prohibiting the consumption of such beverages on the premises. There is no need for any particular type of sign so long as the sign clearly expresses the intention to prohibit the possession or consumption of such beverages, and the premises, to which the prohibition applies, are defined or apparent.

(Code 1977t § 10-2015; Code 1995. $ 6-3: Otd. No. 167, § 10-2015, 10-23-1978)

Sec. 6*4. – Use of alcoholic beverages in civic center

(a)     The possession and consumption of beer, wine or intoxicating liquor, any and all beverages having an alcoholic content of more than one-half of one percent by volume and more than six percent by volume, referred to as “alcoholic beverages/’ in this chapter are prohibited at all functions held in the city civic center to which the general public is invited. At all other functions, the possession or use of alcoholic beverages is in the discretion of the individual or organization renting, or authorized to have use of, the premises, or any part thereof, and

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subject to his or its control. This subsection does not authorize the doing of any act now or hereafter prohibited by law.

(b)      It shall be unlawful for any person who shall not have attained the age of majority to possess or consume any alcoholic beverage in the city civic center at any function.

(Code 1977, § 10-2016; Code 1995. $ 6-4

Sec. 6-5. • Consumption in public places.

  • It shall be unlawful for any person to consume any alcoholic beverage on private commercial premises at which members of the public are invited to stop and patronize(unless the premises are currently licensed for on-premises consumption, on public property or in public rights-of-way. ]
  • This section shall not apply to functions conducted at the city civic center.

(Code 1995. § 6-5; Old. No. 337, 9-27-1993)

Sees. 6-6—6-25. – Reserved.

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Springhill, Louisiana, Code of Ordinances »- CODE OF ORDINANCES » Chapter 6 – ALCOHOLIC BEVERAGES » ARTICLE II. – LICENSE AND PERMIT »

ARTICLE II. – LICENSE AND PERMIT

Sec. 6-26. ■ Required: posting: transferability.

Sec. 6>27. Separate license for each establishment required: violation.

?efr $-Z$, – QyaliticgtiQn^ of applicant,

Sec, 6-ft8> – Content of application,

$ec,-6-30, – Acts prohibited on licensed premises: suspension or revocation of permits for cause.

Sec, $-3 V legation Of license^ business,

Sec. 6-32. – Charges for license issuance to sell on or off premises.

Sees 6-33-6-64. – Reserved.

Sec. 6-26. Required; posting; transferability.

No person may sell or have in his possession for sale in the city beverages of low alcoholic content and/or beer unless he has and holds a license or permit from the city authorizing him to sell the items, and unless the license or permit is posted conspicuously in the premises where the items are sold or possessed for sale. The licenses or permits are not heritable or transferable and are good only from the time of issuance until December 31 of the year in which issued, unless sooner suspended or revoked.

(Cod$ 1977, § 10-2007(b); Code 199StJL&££

Sec. 6-27. – Separate license for each establishment required; violation,

A separate license is required for each establishment or place of business. Each day of sale of the beverages without a valid, unsuspended license or permit shall constitute a separate offense.

(Code 1977, § 10-2007(0); Code 1&95. $ 6-27

Sec. 6-28, Qualifications of applicant.

Applicants for licenses or permits shall comply with all the conditions and possess all the qualifications required by R.S. 26:279.

(Code 1977, § 10-2009; Cod* 1995,A&2S.

Sec. 6-29. Contents of application.

(a)     No licenses shall be issued until the applicant shall have filed with the city, in writing, a sworn statement which shall contain the full name of the applicant, his correct home address, and an accurate description and correct address of the premises wherein the business or operation is to be conducted, which address shall be considered the proper address for all notices to the applicant or permittee required by this Code, and shall be accompanied by an

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affidavit of the applicant showing that he meets the qualifications and conditions set out in R.S. 26:279.

(W     Unless he is seeking a renewal of his permit, the applicant shall attach to his application, as a part thereof, a certificate of publication by the publisher of the newspaper showing the publication of the notice required in R.S. 26:277,

(Code 1977, § 10-2010; Code 1995. S 6-29

Sec. 6-30. Acts prohibited on licensed premises; suspension or revocation of permits for cause.

  • No person holding a retail dealer’s permit and no servant, agent, or employee of the permittee shall do any of the acts prohibited by R.S. 26:286. Violation hereof shall be just cause for suspension or revocation of a permit as well as subjecting him to the penalties prescribed by the penal provisions of this Code.
  • in addition to suspension or revocation for the causes described in subsection (a) of this section, licenses or permits may be revoked for any of the causes enumerated in R,S. 26:287.

(Code 1977, § 10-2011; Code 1995. £ &-30

Sec. 6-31. Location of licensed business.

The conduct of an alcoholic beverage business and the sale of beverages of both high and low alcoholic content is prohibited, and no license shall be issued for the sale of beer or other alcoholic beverages of high or low content within 300 feet from any church, synagogue, library, school or playground in the city. The measurement of this distance is to be made from the church, synagogue, library or school to the property line of the church, synagogue, library or school building and thence to the middle of the sidewalk adjacent thereto, or if there is no sidewalk, to the point adjacent to the street where a sidewalk would be located if there were one, from which point the measurement is to continue along the sidewalk to the licensed premises, the licensed premises being the building in which the alcoholic beverage is sold. The measurement with respect to a playground shall be from the nearest point of the playground directly to the sidewalk, or a place where a sidewalk would be in the absence of a sidewalk, from which point the measurement is continued along the sidewalk to the licensed premises. If the church, playground, etc., is located across the street from the premises to be licensed, the street shall be crossed at a right angle to the street and not diagonally.

(Code 1977, § 10*2007; Code 1995. $ 6*31:O/d. No. 231, § 10-20Q7(d)t 5-14-1984) State law reference—Locution of business, R.S. 26:81. 26:281.

Sec. 6-32. – Charges for license issuance to sell on or off premises.

The charge by the city for issuing each license or permit to sell beverages of low alcoholic content and/or beer, which shall be paid by the licensee, is as follows: $76.00 per year for a license or permit to sell the beverages for consumption on the premises, which license shall also permit sale for consumption off the premises; $60.00 per year for a license or permit to sell the beverages for consumption off the premises only. Only one-half of the charges shall be made for issuing licenses on or after July 1 of any year.

(Code 1977, § 10-2012; Code 1995, § 6*32; Ord. No. 32$, § 10-2012, 10-12-1992) State law reference” Classification of permits, R.S. 26:271; local permits, R.S. 26:274.

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Sees. 6-33—6-64. – Reserved.

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Springhili, Louisiana, Code of Ordinances »- CODE OF ORDINANCES » Chapter 6 – ALCOHOLIC BEVERAGES » ARTICLE III. – SALES »

ARTICLE III. – SALES

Sec. 6.65. – Prohibited locations for businesses primarily selling alcoholic beverages.

Sec. 6-66. – General restriction on alcoholic content: violation.

Sec. 6-67. – Hours of sales.

Sec. 6»68. ■ Licensee and employees to comnlv with regulations.

Sec. &6Q. – Cortatn persons not allowed in places of sale.

?<?<?, S-7Q, – §9l9 Qf toy \<? Persons un<fer the age of 21 years,

Sea 6-71 -Sunday sales.

Sec. 6-72. – Employees to be reoistered and certified.

Sec. 6-65. Prohibited locations for businesses primarily selling alcoholic beverages.

(a)     Notwithstanding any other provision or ordinance of the city to the contrary, it is hereby

decreed that any business and/or commercial establishment whose primary commodity sold is alcoholic beverages of low or high alcoholic content shall be prohibited from operating in the following designated area: That portion of Butler Street/North Main Street/South Main Street existing between the Springhili Clock Tower and Legion Drive.

(t>)     It is the intent of this section to prohibit the establishment and/or operation of any bar, lounge, juke joint, roadhouse, or package liquor store in any part of the designated area stated in subsection (a) of this section.

(c)     Any person, natural or juridical, who violates this section shall be fined up to $500.00 per each instance of operation and/or shall further be imprisoned for a period not to exceed 60 days for each instance of operation.

(Ord No. 436, 5-8-2006)

Sec, 6-66. General restriction on alcoholic content; violation,

  • It shall be unlawful for any person to sell or possess for sale beverages of high alcoholic content containing more than six percent alcohol by volume for consumption on the premises, or to sell, or possess for sale, beverages of high alcoholic content containing more than six percent alcohol by volume by the package only, and not for consumption on the
  • Each sale and each day of possession for sale shall constitute a separate offense.
  • The term “alcoholic beverages,” as used in this article, expressly includes those of low alcoholic content and particularly beer.

(Codo 1077, § 10-2001; Code 1995, § 6-5$)

Sec. 6-67. Hours of sales.

(a)

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All establishments and premises licensed for the sale of alcoholic beverages and/or beer, located in the city, shall be closed for business at 12:00 midnight, and shall not be reopened until 6:00 a.m. the following morning and shall be closed all day Sunday, which means that period from 12.00 midnight at the close of Saturday to 12:00 midnight at the close of Sunday. However, the premises of a licensee where the licensed beverage is not the principal commodity sold may remain open for business on Sunday, provided the alcoholic beverages located in the premises, the sale of which is authorized by the license, shall be securely locked in a separate compartment, provided for this purpose, obscured from the public view from 12:00 midnight Saturday until 6:00 a.m. the following Monday. No alcoholic beverage, the sale of which is permitted under the license, shall be sold or otherwise disposed of during that period from 12:00 midnight at the close of Saturday until 6:00 a.m. the following Monday.

  • No person may be admitted to or be found in the licensed premises except as provided in this section after 12:00 midnight of any day or on Sunday, and all customers and patrons must be out of the premises by 12:15 a.m. The premises must be vacated and the lights turned off by 12:30 a.m.
  • The door to the premises may be opened after 12:00 midnight or on Sunday only for the purpose of permitting persons to leave the premises or for the admission of police officers, or in case of an emergency.
  • The provisions of subsections (b) and (c) of this section do not apply to licensed premises where the principal commodities sold are groceries or sundries.

(Code 1977, § 10-2002; Code 1995, § 6-57)

Sec. 6-68. – Licensee and employees to comply with regulations.

The licensee and every person in authority in the licensed premises shall be responsible for compliance with this chapter, and it shall be the duty of the licensee and of every person in a position of responsibility employed or serving the licensed premises to comply with the provisions of this chapter.

(Code 1977, § 10-2003; Code 1995, § 6-$8)

Sec. 6-69. Certain persons not allowed in places of sale.

(a)       No holder of a permit to sell alcoholic beverages and no other person owning, operating or in
charge of an establishment where alcoholic beverages are sold shall permit or allow or suffer
to be done any of the following:

0)     Sell or serve beverages authorized to be sold by the permit to any person under the age of 21 years.

  • Invite, permit or allow any person under the age of 18 years to visit, be found in, or loiter in or about any place where alcoholic beverages of any kind are sold or handled.
  • Invite, permit or allow any intoxicated person to be found in the licensed premises.
  • Permit the playing of pool or billiards on the licensed premises by any person under 18 years of age, or permit that person to visit or frequent the licensed premises operating a pool or billiard hall.

(b)      Failure to have a permit shall not be a defense.

(Code 1977, § 10-2004; Code 1995, § 6-59)

State law reference— Unlawful sales to minors, R,$. 14:91; acts prohibited on licensed premises, R5. 26:90 26:286.

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Sec. 6-70. Sale of beer to persons under the age of 21 years.

It shall be unlawful for any person to sell beverages of low alcoholic content or beer to any person below the age of 21 years. No person above the age of 17 years owning, managing or employed by any person operating a business at which beverages of low alcoholic content or beer is sold shall give or deliver beverages of low alcoholic content or beer to any person below the age of 21 years at, or within 300 feet of, the premises from which such beverage is sold. Lack of knowledge of the age of the recipient shall not be a defense.

(Code 1977, § 10-2005; Codo 1695, § 6-60)

Sec. 6-71. – Sunday sales.

  • No person may sell, or permit or suffer to be sold on premises under his control, any beverage containing more than one-half of one percent alcohol by volume in the city on
  • The consumption of alcoholic beverages in the city on Sunday on any premises holding a class A alcoholic beverage license is prohibited.

(Code 1977, § 10-2013; Code 1995, § 6-61: Otti. No, 342, 3-14-1994)

Sec. 6-72. Employees to be registered and certified.

Each person holding a license to sell alcoholic beverages issued by the city, or who should have a license but has failed to procure it, shall, immediately upon the hiring of any person to sell or dispense alcoholic beverages, file with the city clerk the name of the person, with an accompanying affidavit signed by both the employer and the employee, wherein the employee certifies that he meets all the requirements of R.S. 26:241 et seq., and the employer certifies that to the best of his knowledge, information and belief, the employee meets all the requirements.

(Code 1977, § 10-2008; Code 1995, § 6-62)

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