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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 115
BY SENATOR WALSWORTH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALCOHOLIC BEVERAGES. Requires spouses of liquor license applicants to provide their
fingerprints with the applicant's application. (gov sig)
AN ACT1
To amend and reenact R.S. 26:80(H) and 280(H), relative to alcohol permits; to require2
spouses of persons submitting alcohol permit applications to submit their fingerprints3
in their spouses application; to require partners, stockholders and members of limited4
liability companies and their spouses to submit their fingerprints with the alcohol5
permit applicant's application; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 26:80(H) and 280(H) are hereby amended and reenacted to read as8
follows: 9
§80. Qualifications of applicants for permits10
* * *11
H.(1) In order to determine the applicant's suitability for a permit, the12
applicant In order to determine their suitability, the applicant, the applicant's13
spouse, members of a partnership recognized by Louisiana law and their14
spouses, the officers and directors of a corporation and their spouses, the15
stockholders of a corporation and members of a limited liability company16
owning more than five percent of such a corporation or company and their17 SB NO. 115
SLS 11RS-180 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
spouses and all other persons required to possess the same qualifications1
required of the applicant shall be fingerprinted. If no disqualifying record is2
identified at the state level, the fingerprints shall be forwarded by the Department of3
Public Safety and Corrections, Public Safety Services, office of state police, to the4
Federal Bureau of Investigation (F.B.I.) for a national criminal history record check.5
(2) In order to determine the applicant's suitability for an alcoholic beverage6
permit, In order to determine the suitability of an applicant, the office of alcohol7
and tobacco control shall require the applicant's spouse, members of a8
partnership recognized by Louisiana law and their spouses, the officers and9
directors of a corporation and their spouses, the stockholders of a corporation10
and members of a limited liability company owning more than five percent of11
such a corporation or company and their spouses and all other persons required12
to possess the same qualifications required of the applicant, the office of alcohol13
and tobacco control shall require the applicant to furnish to the office of alcohol and14
tobacco control a full set of fingerprints to enable a criminal background15
investigation to be conducted. The office of alcohol and tobacco control shall submit16
the completed fingerprint card to the office of state police. The office of state police17
is authorized to submit the fingerprints to the F.B.I. for a national criminal history18
background check.19
(3) The office of alcohol and tobacco control shall require a background20
investigation of each applicant, the applicant's spouse, members of a partnership21
recognized by Louisiana law and their spouses, the officers and directors of a22
corporation and their spouses, the stockholders of a corporation and members23
of a limited liability company owning more than five percent of such a24
corporation or company and their spouses and all other persons required to25
possess the same qualifications of the applicant for an alcoholic beverage permit26
by means of fingerprint checks by the office of state police and the F.B.I.27
(4) In addition to the other requirements established by law, the submittal of28
fingerprints shall be a prerequisite to the issuance of an a permanent alcoholic29 SB NO. 115
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
beverage permit by means of fingerprint checks by the office of state police and the1
F.B.I.2
(5) The office of state police shall require each applicant, the applicant's3
spouse, members of a partnership recognized by Louisiana law and their4
spouses, officers and directors of a corporation and their spouses, the5
stockholders of a corporation and the members of a limited liability company6
owning more than five percent of such a corporation or company and their7
spouses and all other persons required to possess the same qualifications8
required of the applicant person applying for an alcoholic beverage permit9
pursuant to this Chapter to be fingerprinted. Such fingerprints shall be available for10
use by the office of state police and for transmittal to the F.B.I. for a national11
criminal history record check. The information obtained from the national criminal12
history record check conducted pursuant to this Section may be used by the office13
of alcohol and tobacco control to determine the applicant's eligibility for an alcoholic14
beverage permit.15
* * *16
§280. Qualifications of applicants for permits17
* * *18
H.(1) In order to determine the applicant's suitability for a permit, the19
applicant shall be fingerprinted. In order to determine their suitability, the20
applicant, the applicant's spouse, members of a partnership recognized by21
Louisiana law and their spouses, officers and directors of a corporation and22
their spouses, the stockholders of a corporation and members of a limited23
liability company owning more than five percent of such corporations and24
companies and their spouses and all other persons required to possess the same25
qualifications required of the applicant shall be fingerprinted. If no26
disqualifying record is identified at the state level, the fingerprints shall be forwarded27
by the Department of Public Safety and Corrections, Public Safety Services, office28
of state police, to the Federal Bureau of Investigation (F.B.I.) for a national criminal29 SB NO. 115
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
history record check.1
(2) In order to determine the applicant's suitability for an alcoholic beverage2
permit, In order to determine the suitability of an applicant, the office of alcohol3
and tobacco control shall require the applicant's spouse, members of a4
partnership recognized by Louisiana law and their spouses, officers and5
directors of a corporation and their spouses, the stockholders of a corporation6
and members of a limited liability company owning more than five percent of7
such corporations and companies and their spouses and all other persons8
required to possess the same qualifications required of the applicant, the office9
of alcohol and tobacco control shall require the applicant to furnish to the office of10
alcohol and tobacco control a full set of fingerprints to enable a criminal background11
investigation to be conducted. The office of alcohol and tobacco control shall submit12
the completed fingerprint card to the office of state police. The office of state police13
is authorized to submit the fingerprints to the F.B.I. for a national criminal history14
background check.15
(3) The office of alcohol and tobacco control shall require a background16
investigation of each applicant, the applicant's spouse, members of a partnership17
recognized by Louisiana law and their spouses, officers and directors of a18
corporation and their spouses, the stockholders of a corporation and the19
members of a limited liability company owning more than five percent of such20
corporations or companies and their spouses and all other persons required to21
possess the same qualifications required of the applicant for an alcoholic22
beverage permit by means of fingerprint checks by the office of state police and the23
F.B.I.24
(4) In addition to the other requirements established by law, the submittal of25
fingerprints shall be a prerequisite to the issuance of an a permanent alcoholic26
beverage permit by means of fingerprint checks by the office of state police and the27
F.B.I.28
(5) The office of state police shall require each applicant, the applicant's29 SB NO. 115
SLS 11RS-180 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
spouse, members of a partnership recognized by Louisiana law and their1
spouses, officers and directors of a corporation and their spouses, the2
stockholders of a corporation and members of a limited liability company3
owning more than five percent of such corporations and companies and their4
spouses and all other persons required to possess the same qualifications5
required of the applicant person applying for an alcoholic beverage permit6
pursuant to this Chapter to be fingerprinted. Such fingerprints shall be available for7
use by the office of state police and for transmittal to the F.B.I. for a national8
criminal history record check. The information obtained from the national criminal9
history record check conducted pursuant to this Section may be used by the office10
of alcohol and tobacco control to determine the applicant's eligibility for an alcoholic11
beverage permit.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Walsworth (SB 115)
Present law requires that all applicants for a liquor license submit their fingerprints when
they submit their application.
Present law regarding high and low alcohol beverage permits, provides several qualification
for applicants. Also requires that the spouse of an applicant meet the same qualifications.
Proposed law additionally requires that the spouses of all applicants for a liquor license,
members of a partnership recognized by Louisiana law and their spouses, the officers and
directors of a corporation and their spouses, the stockholders of a corporation and members
of a limited liability company owning more than five percent of such a corporation or
company and their spouses and all other persons required to possess the same qualifications
required of the applicant to submit their fingerprints when the application for the permit is
submitted.
Proposed law also requires that the spouses of all applicants, members of a partnership
recognized by Louisiana law and their spouses, the officers and directors of a corporation
and their spouses, the stockholders of a corporation and members of a limited liability SB NO. 115
SLS 11RS-180 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
company owning more than five percent of such a corporation or company and their spouses
and all other persons required to possess the same qualifications required of the applicant
to allow use of the fingerprints by the office of state police and the F.B.I. for a national
criminal history record check.
Proposed law requires that the spouse of all applicants, members of a partnership recognized
by Louisiana law and their spouses, the officers and directors of a corporation and their
spouses, the stockholders of a corporation and members of a limited liability company
owning more than five percent of such a corporation or company and their spouses and all
other persons required to possess the same qualifications required of the applicant to undergo
a national criminal backgound investigation.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 26:80(H) and 280(H))