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First Extraordinary Session, 2011 ENROLLED
SENATE BILL NO. 10
BY SENATOR MARTINY
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
(7) Notwithstanding the provisions of Paragraph (6) or any other law to the18
contrary, in parishes with a population of four hundred thousand or more, and in the19
parishes of Caddo, Bossier, Caddo, Calcasieu, East Baton Rouge, Jefferson,20
Lafayette, Orleans, Ouachita, and Rapides, and Ouachita, regardless of population21
and parishes with a population of not less than three hundred sixty thousand and not22
more than four hundred ten thousand, beverages of high alcoholic content may be23
sold in or shipped into this state in fifty milliliter containers and stored by licensed24
wholesale dealers only for the purpose of sale to licensed retail dealers who own or25
operate hotels or motels which consist of sleeping rooms, cottages, or cabins, for26
purposes of sale at retail in the sleeping rooms, cottages, or cabins only. The sale of27
ACT No. 31 SB NO. 10 ENROLLED
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fifty milliliter containers from wholesalers to retailers shall be made only in full1
sealed case lots as delivered from the manufacturer to the wholesaler, and the cases2
shall remain sealed until such time as the sale and delivery to the retailer are3
completed.4
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§493.1. Local regulatory ordinances; bar closing in certain municipalities6
In addition to the provisions of R.S. 26:493 the governing authority of any7
municipality within a parish with a population between fifty-three thousand and8
fifty-seven sixty thousand persons according to the most recent federal decennial9
census may enact ordinances to regulate the closing times of bars located within the10
municipality, subject to approval by a majority of the qualified electors of the11
municipality voting at an election held for the purpose.12
* * *13
§583. Effect of merger14
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C.16
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(2) Notwithstanding any other provision of law to the contrary, any parish18
with a population between forty thousand and forty-five fifty thousand, based upon19
the latest federal decennial census, shall not be subject to the provisions of20
Subsections A and B of this Section and shall retain the legal sales characteristics as21
provided for by referendum prior to any annexation or reapportionment.22
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§597. Alcoholic beverage sales in restaurants; authorization for propositions to be24
submitted to voters in certain elections25
A.(1) The governing authority of any municipality established by legislative26
charter with a population of not less than thirteen thousand nor more than fourteen27
thousand Minden may submit to the voters in any election held in compliance with28
provisions of either R.S. 18:402(A), (B), or (F) a proposition that would determine29
whether or not the business of selling alcoholic beverage only in a restaurant may be30 SB NO. 10 ENROLLED
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conducted and licensed therein;. however1
(2) However, any municipality with a population of not less than two2
thousand five hundred and not more than three thousand five hundred that has issued3
a license or permit after May 1, 2003, and on or before June 15, 2003, authorizing4
the sale and service of alcoholic beverages for consumption on the premises shall not5
be required to conduct an election notwithstanding any other law to contrary.6
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§598. 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 the town10
of Many, a municipality having a population of not less than two thousand eight11
hundred eighty and not more than two thousand nine hundred fifty according to the12
latest federal decennial census, the governing authority may submit to the voters in13
any election held in compliance with provisions of R.S. 18:402, 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
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PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: