HLS 10RS-1641 REENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 995
BY REPRESENTATIVE HOWARD
ALCOHOLIC BEVERAGES: Provides for special local option alcohol elections for a
municipality
AN ACT1
To enact R.S. 26:598, relative to local option elections in a municipality; to authorize the2
governing authority of a municipality to hold an election for a proposal to allow a3
restaurant to sell alcohol; to provide for definitions; to provide for the election; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 26:598 is hereby enacted to read as follows: 7
ยง598. Alcoholic beverage sales in restaurants; authorization for propositions to be8
submitted to voters in certain elections9
A. Notwithstanding any other provision of law to the contrary, in a10
municipality having a population of not less than two thousand eight hundred eighty11
and not more than two thousand nine hundred fifty according to the latest federal12
decennial census, the governing authority may submit to the voters in any election13
held in compliance with provisions of R.S. 18:402(A), (B), or (F), a proposition to14
determine whether or not the business of selling alcoholic beverages in a restaurant15
may be conducted and licensed only within the incorporated limits of the16
municipality.17
B. As used in this Section, the following words shall have the following18
meanings:19
(1) "Alcoholic beverages" means any fluid or any solid capable of being20
converted into fluid, suitable for human consumption, and containing more than one-21
half of one percent alcohol by volume, including malt, vinous, spirituous, alcoholic22
or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider, or wine.23 HLS 10RS-1641 REENGROSSED
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(2) "Beverages of high alcoholic content" means alcoholic beverages1
containing more than six percent alcohol by volume.2
(3) "Beverages of low alcoholic content" means alcoholic beverages3
containing not more than six percent alcohol by volume.4
(4) "Restaurant establishment" means an establishment that meets all of5
these requirements:6
(a) Operates a place of business whose average monthly revenue from food7
and nonalcoholic beverages exceeds fifty percent of its total average monthly8
revenue from the sale of food, nonalcoholic beverages, and alcoholic beverages.9
(b) Serves food on all days of operation.10
(c) Maintains separate sales figures for alcoholic beverages.11
(d) Operates a fully equipped kitchen used for the preparation of uncooked12
foods for service and consumption of such foods on the premises.13
(e) Has a public habitable floor area of no less than five hundred square feet.14
C.(1) The governing authority of the municipality may order a referendum15
election to be held within the municipality after an ordinance or resolution of the16
governing authority is passed authorizing such an election.17
(2) The governing authority shall not have to comply with the other18
provisions required by the provisions of Chapter 3 of Title 26 of the Louisiana19
Revised Statutes of 1950 such as but not limited to the requirement of filing a20
petition of not less than twenty-five percent of the qualified electors residing in the21
incorporated municipality with the secretary of state.22
(3) When such election has been ordered by the governing authority of the23
municipality, the following proposition, and no other, shall be submitted to the voters24
of the municipality:25
"Shall the sale of beverages of high and low alcoholic content be permitted26
only on the premises of restaurant establishments which have been issued an "R"27
permit as defined by law within the corporation limits of the town of ________.28
YES { } NO { }."29 HLS 10RS-1641 REENGROSSED
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(4) If the voter desires to vote "YES" on the proposition, he shall make an1
"X" mark in the square opposite the word "YES". To vote "NO", he shall make an2
"X" mark in the square opposite the word "NO". The vote of the voter on the3
proposition shall be valid and shall be counted.4
(5) In an election, a majority vote cast on the proposition shall determine the5
issue for the incorporated municipality and only residents of the incorporated6
municipality shall be allowed to vote.7
(6) The governing authority calling the election shall promulgate the result8
of the election by resolution or ordinance adopted at its first regular meeting after the9
election and shall publish it in the official journal of the parish.10
D. All other statutory provisions and rules and regulations of the office of11
alcohol and tobacco, such as but not limited to application procedures, qualifications,12
and all licensing and permit requirements for a restaurant "R" permit shall apply. 13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Howard HB No. 995
Abstract: Authorizes a certain municipality to call an election for the purpose of permitting
restaurants to sell alcohol without the necessity of filing a petition with the secretary
of state.
Proposed law provides that in a municipality having a population of not less than 2,880 and
not more than 2,950 according to the latest federal decennial census, the governing authority
may submit to the voters in any election properly held a proposition that would determine
whether or not the business of selling alcoholic beverages in a restaurant may be conducted
and licensed only within the incorporated limits of the municipality.
Proposed law provides for definitions including requirements to qualify as a "restaurant" for
purposes of being licensed.
Proposed law provides for the language of the proposition to be voted on and provides that
a majority vote cast on the proposition by the residents of the municipality shall determine
the issue.
Proposed law provides that application procedures, qualifications, and all licensing and
permit requirements for a restaurant "R" permit shall apply.
(Adds R.S. 26:598) HLS 10RS-1641 REENGROSSED
HB NO. 995
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Made a technical change.
House Floor Amendments to the engrossed bill.
1. Made a technical correction.