ENROLLED
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ACT No. 615
Regular Session, 2010
HOUSE BILL NO. 995
BY REPRESENTATIVE HOWARD
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 proposition to determine14
whether or not the business of selling alcoholic beverages in a restaurant may be15
conducted and licensed only within the incorporated limits of the municipality.16
B. As used in this Section, the following words shall have the following17
meanings:18
(1) "Alcoholic beverages" means any fluid or any solid capable of being19
converted into fluid, suitable for human consumption, and containing more than one-20
half of one percent alcohol by volume, including malt, vinous, spirituous, alcoholic21
or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider, or wine.22
(2) "Beverages of high alcoholic content" means alcoholic beverages23
containing more than six percent alcohol by volume.24 ENROLLEDHB NO. 995
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(3) "Beverages of low alcoholic content" means alcoholic beverages1
containing not more than six percent alcohol by volume.2
(4) "Restaurant establishment" means an establishment that meets all of3
these requirements:4
(a) Operates a place of business whose average monthly revenue from food5
and nonalcoholic beverages exceeds fifty percent of its total average monthly6
revenue from the sale of food, nonalcoholic beverages, and alcoholic beverages.7
(b) Serves food on all days of operation.8
(c) Maintains separate sales figures for alcoholic beverages.9
(d) Operates a fully equipped kitchen used for the preparation of uncooked10
foods for service and consumption of such foods on the premises.11
(e) Has a public habitable floor area of no less than five hundred square feet.12
C.(1) The governing authority of the municipality may order a referendum13
election to be held within the municipality after an ordinance or resolution of the14
governing authority is passed authorizing such an election.15
(2) The governing authority shall not have to comply with the other16
provisions required by the provisions of this Chapter such as but not limited to the17
requirement of filing a petition of not less than twenty-five percent of the qualified18
electors residing in the incorporated municipality with the registrar of voters.19
(3) When such election has been ordered by the governing authority of the20
municipality, the following proposition, and no other, shall be submitted to the voters21
of the municipality:22
"Shall the sale of beverages of high and low alcoholic content be permitted23
only on the premises of restaurant establishments which have been issued an "R"24
permit as defined by law within the corporation limits of the town of ________."25
(4) In an election, a majority vote cast on the proposition shall determine the26
issue for the incorporated municipality and only residents of the incorporated27
municipality shall be allowed to vote.28 ENROLLEDHB NO. 995
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(5) The governing authority calling the election shall promulgate the result1
of the election by resolution or ordinance adopted at its first regular meeting after the2
election and shall publish it in the official journal of the parish.3
D. All other statutory provisions and rules and regulations of the office of4
alcohol and tobacco, such as but not limited to application procedures, qualifications,5
and all licensing and permit requirements for a restaurant "R" permit shall apply. 6
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: