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words in boldface type and underscored are additions.
Regular Session, 2011 ENROLLED
SENATE BILL NO. 115
BY SENATOR WALSWORTH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT
To amend and reenact R.S. 26:80(C)(3), (D) and (H) and R.S. 26:280(C)(2), (D) and (H),
relative to alcohol beverage permits; to provide with respect to suitability; to provide
for fingerprinting of certain applicants; to provide for rulemaking; to provide for the
verification of suitability; and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 26:80(C)(3), (D) and (H) and R.S. 26:280(C)(2), (D) and (H) are
hereby amended and reenacted to read as follows:
§80. Qualifications of applicants for permits
* * *
C.
* * *
(3) Notwithstanding any other provisions of law to the contrary, the
commissioner may accept from a publicly traded or other corporation or entity,
other than any gaming entity regulated pursuant to the provisions of R.S. 27:20 et
seq., R.S. 27:41 et seq., or R.S. 27:301 et seq., the necessary documentation of those
persons described in Subsection D of this Section and three officers of the
corporation in full satisfaction of the requirements of this Section.
D. If the applicant's business is to be conducted wholly or partly by one or
more managers, agents, servants, employees, or other representatives, those persons
shall also possess the qualifications required of the applicant and shall furnish their
social security numbers and their correct home addresses verification of suitability
in accordance with Paragraph (H)(6) of this Section; however, convicted felons
may be employed by an applicant if, in the applicant's business, alcoholic beverages
are not the principal commodities sold, handled, or given away.
* * * SB NO. 115 ENROLLED
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H.(1) In order to determine the applicant's suitability for a permit, the
applicant In order to determine suitability, the applicant, members of a
partnership recognized by Louisiana law, the officers and directors of a
corporation, the stockholders of a corporation, and members of a limited
liability company owning more than five percent of such a corporation or
company shall be fingerprinted. If no disqualifying record is identified at the state
level, the fingerprints shall be forwarded by the Department of Public Safety and
Corrections, Public Safety Services, office of state police, to the Federal Bureau of
Investigation (F.B.I.) for a national criminal history record check.
(2) In order to determine the applicant's suitability for an alcoholic beverage
permit, In order to determine the suitability of an applicant, the office of alcohol
and tobacco control shall require members of a partnership recognized by
Louisiana law, the officers and directors of a corporation, the stockholders of
a corporation, and members of a limited liability company owning more than
five percent of such a corporation or company, the office of alcohol and tobacco
control shall require the applicant to furnish to the office of alcohol and tobacco
control a full set of fingerprints to enable a criminal background investigation to be
conducted. The office of alcohol and tobacco control shall submit the completed
fingerprint card to the office of state police. The office of state police is authorized
to submit the fingerprints to the F.B.I. for a national criminal history background
check.
(3) The office of alcohol and tobacco control shall require a background
investigation by means of fingerprint checks by the office of state police and the
F.B.I. of each applicant, members of a partnership recognized by Louisiana law,
the officers and directors of a corporation, the stockholders of a corporation,
and members of a limited liability company owning more than five percent of
such a corporation or company applying for an alcoholic beverage permit by
means of fingerprint checks by the office of state police and the F.B.I.
(4) In addition to the other requirements established by law, the submittal of
fingerprints shall be a prerequisite to the issuance of an a permanent alcoholic SB NO. 115 ENROLLED
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words in boldface type and underscored are additions.
beverage permit by means of fingerprint checks by the office of state police and the
F.B.I.
(5) The office of state police shall require each applicant, members of a
partnership recognized by Louisiana law, officers and directors of a
corporation, the stockholders of a corporation, and the members of a limited
liability company owning more than five percent of such a corporation or
company person applying for an alcoholic beverage permit pursuant to this Chapter
to be fingerprinted. Such fingerprints shall be available for use by the office of state
police and for transmittal to the F.B.I. for a national criminal history record check.
The information obtained from the national criminal history record check conducted
pursuant to this Section may be used by the office of alcohol and tobacco control to
determine the applicant's eligibility for an alcoholic beverage permit.
(6) In order to determine the suitability of the spouses of those persons
required to submit fingerprints in accordance with this Section, and all other
persons required to possess the same qualifications required of the applicant,
except for those persons otherwise provided for in this Section, the office of
alcohol and tobacco control shall require such persons to provide verification
of suitability in accordance with rules adopted by the commissioner pursuant
to the Administrative Procedure Act. Fingerprints shall not be required unless
the commissioner requests fingerprints based upon credible information that
a person may not meet the qualifications of an applicant.
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§280. Qualifications of applicants for permits
* * *
C.
* * *
(2) Notwithstanding any other provisions of law to the contrary, the
commissioner may accept from a publicly traded or other corporation or entity,
other than any gaming entity regulated pursuant to the provisions of R.S. 27:20 et
seq., R.S. 27:41 et seq., or R.S. 27:301 et seq., the necessary documentation of those SB NO. 115 ENROLLED
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words in boldface type and underscored are additions.
persons described in Subsection D of this Section and three officers of the
corporation in full satisfaction of the requirements of this Section.
D. If the applicant's business is to be conducted wholly or partly by one or
more managers, agents, servants, employees, or other representatives, those persons
shall also possess the qualifications required of the applicant and shall furnish their
social security numbers and their correct home addresses verification of their
suitability in accordance with Paragraph (H)(6) of this Section; however,
convicted felons may be employed by an applicant if, in the applicant's business,
alcoholic beverages are not the principal commodities sold, handled, or given away.
* * *
H.(1) In order to determine the applicant's suitability for a permit, the
applicant shall be fingerprinted. In order to determine suitability, the applicant,
members of a partnership recognized by Louisiana law, officers and directors
of a corporation, the stockholders of a corporation, and members of a limited
liability company owning more than five percent of such corporations and
companies shall be fingerprinted. If no disqualifying record is identified at the
state level, the fingerprints shall be forwarded by the Department of Public Safety
and Corrections, Public Safety Services, office of state police, to the Federal Bureau
of Investigation (F.B.I.) for a national criminal history record check.
(2) In order to determine the applicant's suitability for an alcoholic beverage
permit, In order to determine the suitability of an applicant, the office of alcohol
and tobacco control shall require the members of a partnership recognized by
Louisiana law, officers and directors of a corporation, the stockholders of a
corporation, and members of a limited liability company owning more than five
percent of such corporations and companies, the office of alcohol and tobacco
control shall require the applicant to furnish to the office of alcohol and tobacco
control a full set of fingerprints to enable a criminal background investigation to be
conducted. The office of alcohol and tobacco control shall submit the completed
fingerprint card to the office of state police. The office of state police is authorized
to submit the fingerprints to the F.B.I. for a national criminal history background SB NO. 115 ENROLLED
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words in boldface type and underscored are additions.
check.
(3) The office of alcohol and tobacco control shall require a background
investigation by means of fingerprint checks by the office of state police and the
F.B.I. of each applicant, members of a partnership recognized by Louisiana law,
officers and directors of a corporation, the stockholders of a corporation, and
the members of a limited liability company owning more than five percent of
such corporations or companies applying for an alcoholic beverage permit by
means of fingerprint checks by the office of state police and the F.B.I.
(4) In addition to the other requirements established by law, the submittal of
fingerprints shall be a prerequisite to the issuance of an a permanent alcoholic
beverage permit by means of fingerprint checks by the office of state police and the
F.B.I.
(5) The office of state police shall require each applicant, members of a
partnership recognized by Louisiana law, officers and directors of a
corporation, the stockholders of a corporation, and members of a limited
liability company owning more than five percent of such corporations and
companies person applying for an alcoholic beverage permit pursuant to this
Chapter to be fingerprinted. Such fingerprints shall be available for use by the office
of state police and for transmittal to the F.B.I. for a national criminal history record
check. The information obtained from the national criminal history record check
conducted pursuant to this Section may be used by the office of alcohol and tobacco
control to determine the applicant's eligibility for an alcoholic beverage permit.
(6) In order to determine the suitability of the spouses of those persons
required to submit fingerprints in accordance with this Section, and all other
persons required to possess the same qualifications required of the applicant,
except for those persons already provided for by this Section, the office of
alcohol and tobacco control shall require such persons to provide verification
of suitability in accordance with rules adopted by the commissioner pursuant
to the Administrative Procedure Act. Fingerprints shall not be required unless
the commissioner requests fingerprints based upon credible information that SB NO. 115 ENROLLED
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words in boldface type and underscored are additions.
a person may not meet the qualifications of an applicant.
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Section 2. This Act shall become effective upon signature by the governor or, if not
signed by the governor, upon expiration of the time for bills to become law without signature
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
vetoed by the governor and subsequently approved by the legislature, this Act shall become
effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: