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words in boldface type and underscored are additions.
First Extraordinary Session, 2011
SENATE BILL NO. 10
BY SENATOR MARTINY
CENSUS. Provides relative to provisions in Title 26 which are limited in applicability to
political subdivisions or local areas meeting specified population characteristics.
AN ACT1
To amend and reenact R.S. 26:351(7), 493.1, 583(C)(2), 597(A), and 598(A), relative to2
provisions of Title 26 (Liquors - Alcoholic Beverages) of the Louisiana Revised3
Statues of 1950, which are limited in applicability to certain political subdivisions4
or local areas based upon population classifications; to specify applicability to one5
or more political subdivisions or local areas; to adjust population categories to retain6
applicability; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 26:351(7), 493.1, 583(C)(2), 597(A), and 598(A) are hereby9
amended and reenacted to read as follows: 10
§351. Limitation on size of containers of beverages of high alcoholic content;11
standards of fill12
Except for wines, no manufacturer or wholesaler in this state shall have in his13
possession any beverages of high alcoholic content outside of his bonded stockroom14
unless they are in containers of no greater capacity than 1.75 liters. The standards15
of fill shall be the following:16
* * *17 SB NO. 10
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(7) Notwithstanding the provisions of Paragraph (6) or any other law to the1
contrary, in parishes with a population of four hundred thousand or more, and in the2
parishes of Caddo, Bossier, Caddo, Calcasieu, East Baton Rouge, Jefferson,3
Lafayette, Orleans, Ouachita, and Rapides, and Ouachita, regardless of population4
and parishes with a population of not less than three hundred sixty thousand and not5
more than four hundred ten thousand, beverages of high alcoholic content may be6
sold in or shipped into this state in fifty milliliter containers and stored by licensed7
wholesale dealers only for the purpose of sale to licensed retail dealers who own or8
operate hotels or motels which consist of sleeping rooms, cottages, or cabins, for9
purposes of sale at retail in the sleeping rooms, cottages, or cabins only. The sale of10
fifty milliliter containers from wholesalers to retailers shall be made only in full11
sealed case lots as delivered from the manufacturer to the wholesaler, and the cases12
shall remain sealed until such time as the sale and delivery to the retailer are13
completed.14
* * *15
§493.1. Local regulatory ordinances; bar closing in certain municipalities16
In addition to the provisions of R.S. 26:493 the governing authority of any17
municipality within a parish with a population between fifty-three thousand and18
fifty-seven sixty thousand persons according to the most recent federal decennial19
census may enact ordinances to regulate the closing times of bars located within the20
municipality, subject to approval by a majority of the qualified electors of the21
municipality voting at an election held for the purpose.22
* * *23
§583. Effect of merger24
* * *25
C.26
* * *27
(2) Notwithstanding any other provision of law to the contrary, any parish28
with a population between forty thousand and forty-five fifty thousand, based upon29 SB NO. 10
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the latest federal decennial census, shall not be subject to the provisions of1
Subsections A and B of this Section and shall retain the legal sales characteristics as2
provided for by referendum prior to any annexation or reapportionment.3
* * *4
§597. Alcoholic beverage sales in restaurants; authorization for propositions to be5
submitted to voters in certain elections6
A.(1) The governing authority of any municipality established by legislative7
charter with a population of not less than thirteen thousand nor more than fourteen8
thousand Minden may submit to the voters in any election held in compliance with9
provisions of either R.S. 18:402(A), (B), or (F) a proposition that would determine10
whether or not the business of selling alcoholic beverage only in a restaurant may be11
conducted and licensed therein;. however12
(2) However, any municipality with a population of not less than two13
thousand five hundred and not more than three thousand five hundred that has issued14
a license or permit after May 1, 2003, and on or before June 15, 2003, authorizing15
the sale and service of alcoholic beverages for consumption on the premises shall not16
be required to conduct an election notwithstanding any other law to contrary.17
* * *18
§598. Alcoholic beverage sales in restaurants; authorization for propositions to be19
submitted to voters in certain elections20
A. Notwithstanding any other provision of law to the contrary, in a21
municipality having a population of not less than two thousand eight hundred eighty22
two thousand eight hundred twenty-five and not more than two thousand nine23
hundred fifty two thousand eight hundred seventy-five according to the latest24
federal decennial census, the governing authority may submit to the voters in any25
election held in compliance with provisions of R.S. 18:402, a proposition to26
determine whether or not the business of selling alcoholic beverages in a restaurant27
may be conducted and licensed only within the incorporated limits of the28
municipality.29 SB NO. 10
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* * *1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
Proposed law, contained in Title 26 (Liquors - Alcoholic Beverages) of the Louisiana
Revised Statutes of 1950, legislates with regard to classifications of parishes, municipalities,
or other political subdivisions or local areas according to population by enacting local bills
to limit the application of laws based upon specific classifications to one or more parishes,
municipalities, or other political subdivisions or local areas, by adjusting the population
ranges affected by the 2010 census, and by repealing certain provisions based upon certain
population classification ranges, as follows:
CITATION/
TOPIC
EXISTING LAW AFFECTED
LOCATIONS
PROPOSED
LAW
R.S. 26:351(7) -
Limitations on size of
containers of beverages
of high alcoholic
content
Parishes with a
population of 400,000+
Parishes with a
population of 360,000 -
410,000
Parishes of
Jefferson and
Orleans (both
1980, 1990,
and 2000
census)
East Baton
Rouge Parish
(1990, 2000
census)
Parishes of
East Baton
Rouge,
Jefferson, and
Orleans
R.S. 26:493.1 - Closing
times of bars
Municipality within a
parish with a population
of 53,000 - 57,000
Parishes of St.
Mary and
Vermilion
(both 2000
census)
Municipality
within a
parish with a
population of
53,000 -
60,000
R.S. 26:583(C)(2) -
Effect of merger
Parish with a population
of 40,000 - 45,000
Parishes of
Avoyelles,
Lincoln, St.
John the
Baptist,
Washington,
and Webster
(all 2000
census)
Parish with a
population of
40,000 -
50,000
R.S. 26:597(A) -
Submission to voters to
permit sale of alcohol in
restaurants
Municipality established
by legislative charter
with a population of
13,000 - 14,000
Minden (2000
census)
Minden
R.S. 26:598(A) -
Submission to voters to
permit sale of alcohol in
restaurants
Municipality with a
population of 2,880 -
2,950
Many (2000
census)
Municipality
with a
population of
2,825 - 2,875
(Amends R.S. 26:351(7), 493.1, 583(C)(2), 597(A), and 598(A))