HLS 12RS-2299 ENGROSSED
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are additions.
Regular Session, 2012
HOUSE BILL NO. 1164
BY REPRESENTATIVE HAZEL
ALCOHOLIC BEVERAGE PERMT: Provides relative to qualifications for retail permits
AN ACT1
To amend and reenact R.S. 26:80(A) and (F)(2) and 280(A) and (F)(2), relative to2
qualifications of applicants for low and high alcoholic beverage permits; to prohibit3
any applicant from obtaining a state or local permit who has been convicted of4
crimes involving distribution or possession with intent to distribute certain5
substances; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 26:80(A) and (F)(2) and 280(A) and (F)(2) are hereby amended and8
reenacted to read as follows: 9
§80. Qualifications of applicants for permits10
A. Applicants for state and local permits of all kinds shall meet all of the11
following qualifications and conditions:12
(1) Be a person of good character and reputation and over eighteen years of13
age.14
(2) Be a citizen of the United States and the state of Louisiana and a resident15
of the state of Louisiana continuously for a period of not less than two years next16
preceding the date of the filing of the application. However, the requirements as to17
Louisiana citizenship do not apply to wholesalers or retailers who held permits on18
or prior to January 1, 1946.19 HLS 12RS-2299 ENGROSSED
HB NO. 1164
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(3) Be the owner of the premises, have a bona fide written lease therefor, or1
be a commercial lessor or a noncommercial lessor licensed pursuant to R.S. 4:7012
et seq., exclusively for the sole purpose of conducting charitable gaming.3
(4) Have not been convicted of distributing or possessing with the intent to4
distribute any controlled dangerous substance classified in Schedule I, as defined by5
R.S. 40:964, on any premises licensed pursuant to this Title, where the applicant held6
or holds an interest in the licensed business. The prohibition provided for in this7
Subsection shall be for the lifetime of the offender.8
(5) Have not been convicted of a felony under the laws of the United States,9
the state of Louisiana, or any other state or country.10
(5)(6) Have not been convicted in this or in any other state or by the United11
States or any other country of soliciting for prostitution, pandering, letting premises12
for prostitution, contributing to the delinquency of juveniles, keeping a disorderly13
place, or illegally dealing in controlled dangerous substances.14
(6)(7) Have not had a license or permit to sell or deal in alcoholic beverages,15
issued by the United States, any state, or by any political subdivision of a state16
authorized to issue permits or licenses, revoked within two years prior to the17
application, or been convicted or had a judgment of court rendered against the18
applicant involving alcoholic beverages by this or any other state or by the United19
States for two years prior to the application.20
(7)(8) Have not been adjudged by the commissioner, or convicted by a court21
of violating any of the provisions of this Chapter.22
(8)(9) Have not been convicted of violating any municipal or parish23
ordinances adopted pursuant to the provisions of this Chapter. If the applicant has24
been so convicted, the granting of a permit or of a renewal shall be within the25
discretion of the commissioner.26
(9)(10) Not be the spouse of a person who does not meet the requirements27
of Paragraphs (1) and (3) through (8) (9), and (10) (11) of this Subsection; however,28
in such cases the age of the ineligible spouse shall be immaterial.29 HLS 12RS-2299 ENGROSSED
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(10)(11) Not owe the state or the local governmental subdivisions in which1
the application is made any delinquent sales taxes, penalties, or interest, excluding2
items under formal appeal pursuant to applicable statutes.3
* * *4
F.5
* * *6
(2) In the granting of a permit, a conviction or plea of guilty or nolo7
contendere by the applicant shall not constitute an automatic disqualification of the8
applicant as otherwise required pursuant to the provisions of Paragraph (A)(4) (5) of9
this Section, if all of the following criteria are met:10
* * *11
§280. Qualifications of applicants for permits12
A. Applicants for state and local permits of all kinds shall meet the following13
qualifications and conditions:14
(1) Be a person of good character and reputation and over eighteen years of15
age.16
(2) Be a citizen of the United States and of the state of Louisiana and a17
resident of the state of Louisiana continuously for a period of not less than two years18
next preceding the date of the filing of the application. However, the requirements19
as to Louisiana citizenship do not apply to wholesale or retail dealers who have20
continuously held permits since July 26, 1944.21
(3) Be the owner of the premises, have a bona fide written lease therefor, or22
be a commercial lessor or a noncommercial lessor licensed pursuant to R.S. 4:70123
et seq., exclusively for and for the sole purpose of conducting charitable gaming. In24
cases where the applicant holds a bona fide written lease, the name and current street25
address of the lessor shall be shown on the application form filed with the26
commissioner.27
(4) Have not been convicted of distributing or possessing with the intent to28
distribute any controlled dangerous substance classified in Schedule I, as defined by29 HLS 12RS-2299 ENGROSSED
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R.S. 40:964, on any premises licensed pursuant to this Title, where the applicant held1
or holds an interest in the licensed business. The prohibition provided for in this2
Subsection shall be for the lifetime of the offender.3
(5) Have not been convicted of a felony under the laws of the United States,4
the state of Louisiana, or any other state or country.5
(5)(6) Have not been convicted in this or in any other state or by the United6
States of soliciting for prostitution, pandering, letting premises for prostitution,7
contributing to the delinquency of juveniles, keeping a disorderly place, letting a8
disorderly place, or illegally dealing in controlled dangerous substances.9
(6)(7) Have not had a license or permit to sell or deal in alcoholic beverages,10
issued by the United States, any state, or by any political subdivision of a state11
authorized to issue permits or licenses, revoked within two years prior to the12
application, or been convicted, or had a judgment of court rendered against the13
applicant involving alcoholic beverages by this or any other state or by the United14
States for two years prior to the application.15
(7)(8) Have not been convicted of violating any of the provisions of this16
Chapter.17
(8)(9) Have not been convicted of violating any municipal or parish18
ordinance relating to beverages of low alcoholic content adopted pursuant to the19
provisions of R.S. 26:493. In such a case, the granting or denial of a permit is within20
the discretion of the local licensing authorities.21
(9)(10) Not owe the state or the local governmental subdivisions in which22
the application is made any delinquent sales taxes, penalties, or interest excluding23
items under formal appeal pursuant to applicable statutes.24
(10)(11) Not be the spouse of a person who does not meet the requirements25
of Paragraphs (1) and (3) through (9) (10) of this Subsection; however, in such cases26
the age of the ineligible spouse shall be immaterial.27
* * *28 HLS 12RS-2299 ENGROSSED
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F.1
* * *2
(2) In the granting of a permit, a conviction or plea of guilty or nolo3
contendere by the applicant shall not constitute an automatic disqualification of the4
applicant as otherwise required pursuant to the provisions of Paragraph (A)(4) (5) of5
this Section, if all of the following criteria are met:6
* * *7
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hazel HB No. 1164
Abstract: Provides for specific qualifications for applicants to obtain alcoholic beverage
permits for low alcoholic and high alcoholic content.
Present law requires applicants for state and local permits for low and high alcoholic content
to meet the following qualifications and conditions:
(1)Be a person of good character and reputation and over 18 years of age.
(2)Be a citizen of the U.S. and the state of La. for a certain period of time.
(3)Be the owner of the premises, have a bona fide written lease therefor, or be a
commercial lessor or a noncommercial lessor licensed pursuant to present law,
exclusively for the sole purpose of conducting charitable gaming.
(4)Have not been convicted of a felony.
(5)Have not been convicted of soliciting for prostitution, pandering, letting premises for
prostitution, contributing to the delinquency of juveniles, keeping a disorderly place,
or illegally dealing in controlled dangerous substances.
(6)Have not had a license or permit to sell or deal in alcoholic beverages revoked within
two years prior to the application or been convicted or had a judgment of court
rendered against the applicant involving alcoholic beverages for two years prior to
the application.
(7)Have not been adjudged by the commissioner or convicted by a court of violating
any of the provisions of present law.
(8)Have not been convicted of violating any municipal or parish ordinances adopted
pursuant to present law.
(9)Not be the spouse of a person who does not meet the requirements of present law.
(10)Not owe the state or the local governmental subdivisions in which the application is
made any delinquent sales taxes, penalties, or interest. HLS 12RS-2299 ENGROSSED
HB NO. 1164
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are additions.
Proposed law retains present law and adds a lifetime prohibition against the applicant having
a conviction of distribution or possession with intent to distribute any controlled dangerous
substance classified as a Schedule I, as defined in present law, on any premises licensed
where the applicant held or holds an interest in the licensed business.
(Amends R.S. 26:80(A) and (F)(2) and 280(A) and (F)(2))