SLS 10RS-1026 ORIGINAL
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 579
BY SENATOR CLAITOR
ALCOHOLIC BEVERAGES. Provides relative to the basis for determination by the
commissioner to suspend or revoke a permit. (gov sig)
AN ACT1
To amend and reenact R.S. 26:103, relative to alcoholic beverages; to provide with respect2
to the suspension or revocation of permits; to provide for the basis for determination3
by commissioner to suspend or revoke permits; to provide with respect to guidelines4
and considerations; to provide for an effective date; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 26:103 is hereby amended and reenacted to read as follows: 8
ยง103. Basis for determination by commissioner to suspend or to revoke permit 9
A. In determining cases involving the suspension or revocation of permits,10
if the commissioner finds that the violation is of a minor nature, or that there are11
extenuating circumstances, or that there are reasonable grounds to expect that the12
permittee will not again violate any of the provisions of this Chapter, the13
commissioner may suspend the permit for such time as he thinks proper. If the14
permittee has previously been fined or had a permit suspended or revoked, or if the15
violation is flagrant or serious, the commissioner may revoke the permit or permits16
and shall immediately notify the state and local authorities of this action. When the17 SB NO. 579
SLS 10RS-1026 ORIGINAL
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
commissioner either suspends or revokes a permit, all permits to deal in beverages1
as herein defined and all similar local permits are ipso facto suspended or revoked2
without action on the part of state or local governing authorities. The commissioner3
shall retain jurisdiction to re-open cases at any time upon petition or ex propria motu,4
and for good cause shown may modify, revise, or reverse his former findings and5
decisions, and all such re-opened cases shall be heard and determined under the same6
rules of procedure as original cases.7
B. When the commissioner is evaluating and determining whether or not8
reasonable grounds exist to expect that the permittee will not again violate any9
of the provisions of this Chapter, the commissioner shall take into consideration10
all of the following:11
(1) Whether the permittee has developed and promulgated a specific12
written company policy that prohibits the sale of alcoholic beverages to anyone13
under the age of twenty-one years.14
(2) Whether the permittee has a training program in place that15
specifically informs its employees on how to prevent the sale of alcoholic16
beverages to any person under the age of twenty-one years.17
(3) Whether the permittee can show that the employee received a copy18
of the company policy and attended a training program or session provided by19
the permittee.20
(4) Whether the permittee has invested in type of register systems which21
automatically "prompt" or notify the cashier that an alcohol beverage is being22
sold and reminds the cashier to verify the age of the buyer attempting to buy23
the product.24
(5) Whether the permittee's employee "intentionally" sold, or served,25
against company policy to any person under the age of twenty-one years.26
(6) Whether the permittee reprimanded, suspended, or terminated the27
employment of the employee that violated the provisions of this Section.28
(7) Whether the employee in question has had a previous violation at the29 SB NO. 579
SLS 10RS-1026 ORIGINAL
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
current place of employment or at any other place of employment.1
Section 2. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela Lockett De Jean
DIGEST
Present law provides the basis for determining the suspension or revocation of permits by
the commissioner.
Proposed law retains present law, but provides that when the commissioner is evaluating and
determining whether or not reasonable grounds exist to expect that the permittee will not
again violate any of the provisions of present law, the commissioner shall take into
consideration all of the following:
(1)Whether the permittee has developed and promulgated a specific written company
policy that prohibits the sale of alcoholic beverages to anyone under the age of 21.
(2)Whether the permittee has a training program in place that specifically informs its
employees on how to prevent the sale of alcoholic beverages to any person under the
age of 21.
(3)Whether the permittee can show that the employee received a copy of the company
policy and attended a training program or session provided by the permittee.
(4)Whether the permittee has invested in type of register systems which automatically
"prompt" or notify the cashier that an alcohol beverage is being sold and reminds the
cashier to verify the age of the buyer attempting to buy the product.
(5)Whether the permittee's employee "intentionally" sold, or served, against company
policy to any person under the age of 21.
(6)Whether the permittee reprimanded, suspended, or terminated the employment of the
employee that violated the provisions of present law.
(7)Whether the employee in question has had a previous violation at the current place
of employment or at any other place of employment.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 26:103)