ENROLLED
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ACT No. 291
Regular Session, 2012
HOUSE BILL NO. 1164
BY REPRESENTATIVE HAZEL
AN ACT1
To amend and reenact R.S. 26:80(A) and (F)(2)(introductory paragraph) and 280(A) and2
(F)(2)(introductory paragraph), relative to qualifications of applicants for low and3
high alcoholic beverage permits; to prohibit any applicant from obtaining a state or4
local permit who has been convicted of crimes involving distribution or possession5
with intent to distribute certain 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)(introductory paragraph) and 280(A) and8
(F)(2)(introductory paragraph) are hereby amended and 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
(3) Be the owner of the premises, have a bona fide written lease therefor, or20
be a commercial lessor or a noncommercial lessor licensed pursuant to R.S. 4:70121
et seq., exclusively for the sole purpose of conducting charitable gaming.22 ENROLLEDHB NO. 1164
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(4) Have not been convicted of distributing or possessing with the intent to1
distribute any controlled dangerous substance classified in Schedule I of R.S. 40:964,2
on any premises licensed pursuant to this Title, where the applicant held or holds an3
interest in the licensed business. The prohibition provided for in this Subsection4
shall be for the lifetime of the offender.5
(5) Have not been convicted of a felony under the laws of the United States,6
the state of Louisiana, or any other state or country.7
(5)(6) Have not been convicted in this or in any other state or by the United8
States or any other country of soliciting for prostitution, pandering, letting premises9
for prostitution, contributing to the delinquency of juveniles, keeping a disorderly10
place, or illegally dealing in controlled dangerous substances.11
(6)(7) Have not had a license or permit to sell or deal in alcoholic beverages,12
issued by the United States, any state, or by any political subdivision of a state13
authorized to issue permits or licenses, revoked within two years prior to the14
application, or been convicted or had a judgment of court rendered against the15
applicant involving alcoholic beverages by this or any other state or by the United16
States for two years prior to the application.17
(7)(8) Have not been adjudged by the commissioner, or convicted by a court18
of violating any of the provisions of this Chapter.19
(8)(9) Have not been convicted of violating any municipal or parish20
ordinances adopted pursuant to the provisions of this Chapter. If the applicant has21
been so convicted, the granting of a permit or of a renewal shall be within the22
discretion of the commissioner.23
(9)(10) Not be the spouse of a person who does not meet the requirements24
of Paragraphs (1) and (3) through (8) (9), and (10) (11) of this Subsection; however,25
in such cases the age of the ineligible spouse shall be immaterial.26
(10)(11) Not owe the state or the local governmental subdivisions in which27
the application is made any delinquent sales taxes, penalties, or interest, excluding28
items under formal appeal pursuant to applicable statutes.29
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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
§280. Qualifications of applicants for permits8
A. Applicants for state and local permits of all kinds shall meet the following9
qualifications and conditions:10
(1) Be a person of good character and reputation and over eighteen years of11
age.12
(2) Be a citizen of the United States and of the state of Louisiana and a13
resident of the state of Louisiana continuously for a period of not less than two years14
next preceding the date of the filing of the application. However, the requirements15
as to Louisiana citizenship do not apply to wholesale or retail dealers who have16
continuously held permits since July 26, 1944.17
(3) Be the owner of the premises, have a bona fide written lease therefor, or18
be a commercial lessor or a noncommercial lessor licensed pursuant to R.S. 4:70119
et seq., exclusively for and for the sole purpose of conducting charitable gaming. In20
cases where the applicant holds a bona fide written lease, the name and current street21
address of the lessor shall be shown on the application form filed with the22
commissioner.23
(4) Have not been convicted of distributing or possessing with the intent to24
distribute any controlled dangerous substance classified in Schedule I of R.S. 40:964,25
on any premises licensed pursuant to this Title, where the applicant held or holds an26
interest in the licensed business. The prohibition provided for in this Subsection27
shall be for the lifetime of the offender.28
(5) Have not been convicted of a felony under the laws of the United States,29
the state of Louisiana, or any other state or country.30 ENROLLEDHB NO. 1164
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(5)(6) Have not been convicted in this or in any other state or by the United1
States of soliciting for prostitution, pandering, letting premises for prostitution,2
contributing to the delinquency of juveniles, keeping a disorderly place, letting a3
disorderly place, or illegally dealing in controlled dangerous substances.4
(6)(7) Have not had a license or permit to sell or deal in alcoholic beverages,5
issued by the United States, any state, or by any political subdivision of a state6
authorized to issue permits or licenses, revoked within two years prior to the7
application, or been convicted, or had a judgment of court rendered against the8
applicant involving alcoholic beverages by this or any other state or by the United9
States for two years prior to the application.10
(7)(8) Have not been convicted of violating any of the provisions of this11
Chapter.12
(8)(9) Have not been convicted of violating any municipal or parish13
ordinance relating to beverages of low alcoholic content adopted pursuant to the14
provisions of R.S. 26:493. In such a case, the granting or denial of a permit is within15
the discretion of the local licensing authorities.16
(9)(10) Not owe the state or the local governmental subdivisions in which17
the application is made any delinquent sales taxes, penalties, or interest excluding18
items under formal appeal pursuant to applicable statutes.19
(10)(11) Not be the spouse of a person who does not meet the requirements20
of Paragraphs (1) and (3) through (9) (10) of this Subsection; however, in such cases21
the age of the ineligible spouse shall be immaterial.22
* * *23
F.24
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(2) In the granting of a permit, a conviction or plea of guilty or nolo1
contendere by the applicant shall not constitute an automatic disqualification of the2
applicant as otherwise required pursuant to the provisions of Paragraph (A)(4) (5) of3
this Section, if all of the following criteria are met:4
* * *5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: