HLS 12RS-773 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 757
BY REPRESENTATIVE ARNOLD
ALCOHOLIC BEVERAGE PERMT: Provides for specific alcoholic beverage permit
requirements
AN ACT1
To amend and reenact R.S. 26:80(A), (F)(2)(introductory paragraph), and (H) and 280(A),2
(F)(2)(introductory paragraph), and (H) and to enact R.S. 26:80(I), (J), and (K) and3
280(I), (J), and (K), relative to qualifications of applicants for low and high alcoholic4
beverage permits; to prohibit any applicant from obtaining a state or local permit5
whose prior activities may pose a threat to public interest of the state or regulation6
of alcoholic beverages; to provide for specific qualifications related to prohibition7
against theft or crimes involving false statements or gambling; to authorize the8
commissioner to determine suitability of an applicant regardless of the final9
disposition of arrest, summons, charge, or indictment; to provide for continuing10
reporting requirements for an applicant; to provide for continuing suitability11
throughout the term of an approved license; and to provide for related matters.12
Be it enacted by the Legislature of Louisiana:13
Section 1. R.S. 26:80(A), (F)(2)(introductory paragraph), and (H) and 280(A),14
(F)(2)(introductory paragraph), and (H) are hereby amended and reenacted and R.S.15
26:80(I), (J), and (K) and 280(I), (J), and (K) are hereby enacted to read as follows: 16
§80. Qualifications of applicants for permits17
A. Applicants for state and local permits of all kinds shall meet all of the18
following qualifications and conditions:19 HLS 12RS-773 ORIGINAL
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(1) Be a person of good character and reputation and over eighteen years of1
age.2
(2) Be a person whose prior activities, criminal record, if any, reputation,3
habits, and associations do not pose a threat to the public interest of this state or to4
the effective regulation and control of alcoholic beverages, or create or enhance the5
dangers of unsuitable, unfair, or illegal practices, methods, and operations in the6
activities authorized by this Chapter and financial arrangements incidental thereto.7
(3) Be a citizen of the United States and the state of Louisiana and a resident8
of the state of Louisiana continuously for a period of not less than two years next9
preceding the date of the filing of the application. However, the requirements as to10
Louisiana citizenship do not apply to wholesalers or retailers who held permits on11
or prior to January 1, 1946.12
(3)(4) Be the owner of the premises, have a bona fide written lease therefor,13
or be a commercial lessor or a noncommercial lessor licensed pursuant to R.S. 4:70114
et seq., exclusively for the sole purpose of conducting charitable gaming.15
(4)(5) Have not been convicted of a felony under the laws of the United16
States, the state of Louisiana, or any other state or country.17
(5)(6) Have not been convicted in this or in any other state or by the United18
States or any other country of soliciting for prostitution, pandering, letting premises19
for prostitution, contributing to the delinquency of juveniles, keeping a disorderly20
place, or illegally dealing in controlled dangerous substances, theft or any crime21
involving false statements or declarations, or gambling as defined by the laws and22
ordinances of any municipality, any parish, any state, or the United States.23
(6)(7) Have not had a license or permit to sell or deal in alcoholic beverages,24
issued by the United States, any state, or by any political subdivision of a state25
authorized to issue permits or licenses, revoked within two years prior to the26
application, or been convicted or had a judgment of court rendered against the27
applicant involving alcoholic beverages by this or any other state or by the United28
States for two years prior to the application.29 HLS 12RS-773 ORIGINAL
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(7)(8) Have not been adjudged by the commissioner, or convicted by a court1
of violating any of the provisions of this Chapter.2
(8)(9) Have not been convicted of violating any municipal or parish3
ordinances adopted pursuant to the provisions of this Chapter. If the applicant has4
been so convicted, the granting of a permit or of a renewal shall be within the5
discretion of the commissioner.6
(9)(10) Not be the spouse of a person who does not meet the requirements7
of Paragraphs (1), (2), and (3) (4) through (8) (9), and (10) (11) of this Subsection;8
however, in such cases the age of the ineligible spouse shall be immaterial.9
(10)(11) Not owe the state or the local governmental subdivisions in which10
the application is made any delinquent sales taxes, penalties, or interest, excluding11
items under formal appeal pursuant to applicable statutes.12
* * *13
F.14
* * *15
(2) In the granting of a permit, a conviction or plea of guilty or nolo16
contendere by the applicant shall not constitute an automatic disqualification of the17
applicant as otherwise required pursuant to the provisions of Paragraph (A)(4) (5) of18
this Section, if all of the following criteria are met:19
* * *20
H. Notwithstanding the provisions of Subsections F and G of this Section,21
evidence of or relating to an arrest, summons, charge, or indictment of an applicant,22
or the dismissal thereof, may be considered by the commissioner in determining23
suitability even if the arrest, summons, charge, or indictment results in acquittal,24
deferred adjudication, probation, parole, or pardon.25
I.(1) In order to determine suitability, the applicant, members of a26
partnership recognized by Louisiana law, the officers and directors of a corporation,27
the stockholders of a corporation, and members of a limited liability company28
owning more than five percent of such a corporation or company shall be29 HLS 12RS-773 ORIGINAL
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fingerprinted. If no disqualifying record is identified at the state level, the1
fingerprints shall be forwarded by the Department of Public Safety and Corrections,2
Public Safety Services, public safety services, office of state police, to the Federal3
Bureau of Investigation (F.B.I.) for a national criminal history record check.4
(2) In order to determine the suitability of an applicant, the office of alcohol5
and tobacco control shall require members of a partnership recognized by Louisiana6
law, the officers and directors of a corporation, the stockholders of a corporation, and7
members of a limited liability company owning more than five percent of such a8
corporation or company, to furnish to the office of alcohol and tobacco control a full9
set of fingerprints to enable a criminal background investigation to be conducted.10
The office of alcohol and tobacco control shall submit the completed fingerprint card11
to the office of state police. The office of state police is authorized to submit the12
fingerprints to the F.B.I. for a national criminal history background check.13
(3) The office of alcohol and tobacco control shall require a background14
investigation by means of fingerprint checks by the office of state police and the15
F.B.I. of each applicant, members of a partnership recognized by Louisiana law, the16
officers and directors of a corporation, the stockholders of a corporation, and17
members of a limited liability company owning more than five percent of such a18
corporation or company applying for an alcoholic beverage permit.19
(4) In addition to the other requirements established by law, the submittal of20
fingerprints shall be a prerequisite to the issuance of a permanent alcoholic beverage21
permit by means of fingerprint checks by the office of state police and the F.B.I.22
(5) The office of state police shall require each applicant, members of a23
partnership recognized by Louisiana law, officers and directors of a corporation, the24
stockholders of a corporation, and the members of a limited liability company25
owning more than five percent of such a corporation or company applying for an26
alcoholic beverage permit pursuant to this Chapter to be fingerprinted. Such27
fingerprints shall be available for use by the office of state police and for transmittal28
to the F.B.I. for a national criminal history record check. The information obtained29 HLS 12RS-773 ORIGINAL
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from the national criminal history record check conducted pursuant to this Section1
may be used by the office of alcohol and tobacco control to determine the applicant's2
eligibility for an alcoholic beverage permit.3
(6) In order to determine the suitability of the spouses of those persons4
required to submit fingerprints in accordance with this Section, and all other persons5
required to possess the same qualifications required of the applicant, except for those6
persons otherwise provided for in this Section, the office of alcohol and tobacco7
control shall require such persons to provide verification of suitability in accordance8
with rules adopted by the commissioner pursuant to the Administrative Procedure9
Act. Fingerprints shall not be required unless the commissioner requests fingerprints10
based upon credible information that a person may not meet the qualifications of an11
applicant.12
J. All licensees and persons required to be qualified pursuant to the13
provisions of this Chapter shall have a continuing duty to inform the commissioner14
of any action which they believe would constitute a violation of this Chapter. No15
person who so informs the commissioner shall be discriminated against by an16
applicant or licensee because of supplying such information.17
K. All licensees and any other persons who have been found suitable in18
accordance with the provisions of this Section shall maintain suitability throughout19
the term of the license.20
* * *21
§280. Qualifications of applicants for permits22
A. Applicants for state and local permits of all kinds shall meet all of the23
following qualifications and conditions:24
(1) Be a person of good character and reputation and over eighteen years of25
age.26
(2) Be a person whose prior activities, criminal record, if any, reputation,27
habits, and associations do not pose a threat to the public interest of this state or to28
the effective regulation and control of alcoholic beverages, or create or enhance the29 HLS 12RS-773 ORIGINAL
HB NO. 757
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dangers of unsuitable, unfair, or illegal practices, methods, and operations in the1
activities authorized by this Chapter and financial arrangements incidental thereto.2
(3) Be a citizen of the United States and of the state of Louisiana and a3
resident of the state of Louisiana continuously for a period of not less than two years4
next preceding the date of the filing of the application. However, the requirements5
as to Louisiana citizenship do not apply to wholesale or retail dealers who have6
continuously held permits since July 26, 1944.7
(3)(4) Be the owner of the premises, have a bona fide written lease therefor,8
or be a commercial lessor or a noncommercial lessor licensed pursuant to R.S. 4:7019
et seq., exclusively for and for the sole purpose of conducting charitable gaming. In10
cases where the applicant holds a bona fide written lease, the name and current street11
address of the lessor shall be shown on the application form filed with the12
commissioner.13
(4)(5) Have not been convicted of a felony under the laws of the United14
States, the state of Louisiana, or any other state or country.15
(5)(6) Have not been convicted in this or in any other state or by the United16
States of soliciting for prostitution, pandering, letting premises for prostitution,17
contributing to the delinquency of juveniles, keeping a disorderly place, letting a18
disorderly place, or illegally dealing in controlled dangerous substances, theft or any19
crime involving false statements or declarations, or gambling as defined by the laws20
and ordinances of any municipality, any parish, any state, or the United States.21
(6)(7) Have not had a license or permit to sell or deal in alcoholic beverages,22
issued by the United States, any state, or by any political subdivision of a state23
authorized to issue permits or licenses, revoked within two years prior to the24
application, or been convicted, or had a judgment of court rendered against the25
applicant involving alcoholic beverages by this or any other state or by the United26
States for two years prior to the application.27
(7)(8) Have not been convicted of violating any of the provisions of this28
Chapter.29 HLS 12RS-773 ORIGINAL
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(8)(9) Have not been convicted of violating any municipal or parish1
ordinance relating to beverages of low alcoholic content adopted pursuant to the2
provisions of R.S. 26:493. In such a case, the granting or denial of a permit is within3
the discretion of the local licensing authorities.4
(9)(10) Not owe the state or the local governmental subdivisions in which5
the application is made any delinquent sales taxes, penalties, or interest excluding6
items under formal appeal pursuant to applicable statutes.7
(10)(11) Not be the spouse of a person who does not meet the requirements8
of Paragraphs (1), (2), and (3) (4) through (9) (10) of this Subsection; however, in9
such cases the age of the ineligible spouse shall be immaterial.10
* * *11
F.12
* * *13
(2) In the granting of a permit, a conviction or plea of guilty or nolo14
contendere by the applicant shall not constitute an automatic disqualification of the15
applicant as otherwise required pursuant to the provisions of Paragraph (A)(4) (5) of16
this Section, if all of the following criteria are met:17
* * *18
H. Notwithstanding the provisions of Subsections F and G, evidence of or19
relating to an arrest, summons, charge, or indictment of an applicant, or the dismissal20
thereof, may be considered by the commissioner in determining suitability even if21
the arrest, summons, charge, or indictment results in acquittal, deferred adjudication,22
probation, parole, or pardon.23
I.(1) In order to determine suitability, the applicant, members of a24
partnership recognized by Louisiana law, officers and directors of a corporation, the25
stockholders of a corporation, and members of a limited liability company owning26
more than five percent of such corporations and companies shall be fingerprinted.27
If no disqualifying record is identified at the state level, the fingerprints shall be28
forwarded by the Department of Public Safety and Corrections, Public Safety29 HLS 12RS-773 ORIGINAL
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Services, public safety services, office of state police, to the Federal Bureau of1
Investigation (F.B.I.) for a national criminal history record check.2
(2) In order to determine the suitability of an applicant, the office of alcohol3
and tobacco control shall require the members of a partnership recognized by4
Louisiana law, officers and directors of a corporation, the stockholders of a5
corporation, and members of a limited liability company owning more than five6
percent of such corporations and companies, to furnish to the office of alcohol and7
tobacco control a full set of fingerprints to enable a criminal background8
investigation to be conducted. The office of alcohol and tobacco control shall submit9
the completed fingerprint card to the office of state police. The office of state police10
is authorized to submit the fingerprints to the F.B.I. for a national criminal history11
background check.12
(3) The office of alcohol and tobacco control shall require a background13
investigation by means of fingerprint checks by the office of state police and the14
F.B.I. of each applicant, members of a partnership recognized by Louisiana law,15
officers and directors of a corporation, the stockholders of a corporation, and the16
members of a limited liability company owning more than five percent of such17
corporations or companies applying for an alcoholic beverage permit.18
(4) In addition to the other requirements established by law, the submittal of19
fingerprints shall be a prerequisite to the issuance of a permanent alcoholic beverage20
permit by means of fingerprint checks by the office of state police and the F.B.I.21
(5) The office of state police shall require each applicant, members of a22
partnership recognized by Louisiana law, officers and directors of a corporation, the23
stockholders of a corporation, and members of a limited liability company owning24
more than five percent of such corporations and companies applying for an alcoholic25
beverage permit pursuant to this Chapter to be fingerprinted. Such fingerprints shall26
be available for use by the office of state police and for transmittal to the F.B.I. for27
a national criminal history record check. The information obtained from the national28
criminal history record check conducted pursuant to this Section may be used by the29 HLS 12RS-773 ORIGINAL
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office of alcohol and tobacco control to determine the applicant's eligibility for an1
alcoholic beverage permit.2
(6) In order to determine the suitability of the spouses of those persons3
required to submit fingerprints in accordance with this Section, and all other persons4
required to possess the same qualifications required of the applicant, except for those5
persons already provided for by this Section, the office of alcohol and tobacco6
control shall require such persons to provide verification of suitability in accordance7
with rules adopted by the commissioner pursuant to the Administrative Procedure8
Act. Fingerprints shall not be required unless the commissioner requests fingerprints9
based upon credible information that a person may not meet the qualifications of an10
applicant.11
J. All licensees and persons required to be qualified pursuant to the12
provisions of this Chapter shall have a continuing duty to inform the commissioner13
of any action which they believe would constitute a violation of this Chapter. No14
person who so informs the commissioner shall be discriminated against by an15
applicant or licensee because of supplying such information.16
K. All licensees and any other persons who have been found suitable in17
accordance with the provisions of this Section shall maintain suitability throughout18
the term of the license.19
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)]
Arnold HB No. 757
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. HLS 12RS-773 ORIGINAL
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(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 Paragraphs (1),
(3) through (8), and (10) 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.
Proposed law retains present law and adds a prohibition against conviction of theft or any
crime involving false statements or declarations or gambling.
Proposed law also adds the requirement that the person be one whose prior activities,
criminal record, reputation, habits, and associations do not pose a threat to the public interest
of the state or to the regulation and control of alcoholic beverages, or create or enhance the
dangers of unsuitable, unfair, or illegal practices, methods, and operations authorized by
present law and the related financial arrangements.
Present law authorizes the commissioner to grant a permit if the applicant has been
pardoned, has a misdemeanor conviction discharged or dismissed, or the applicant's civil
rights have been restored, or, if the applicant is a firm, association, partnership, trust,
domestic or foreign corporation, or other legal entity, and the applicant has terminated its
relationship with the person or persons whose action directly contributed to the applicant's
conviction.
Present law provides that a conviction or plea of guilty or nolo contendere by the applicant
shall not constitute an automatic disqualification of the applicant as otherwise required if
specific criteria are met.
Proposed law retains present law.
Present law requires criminal background investigations through use of fingerprints, to be
conducted for an applicant, members of a partnership, the officers and directors of a
corporation, the stockholders of a corporation, and members of a limited liability company
owning more than 5% of such a corporation or company for purposes of determining
suitability and may be used by DPS&C, office of state police, and the F.B.I. for such
determination. HLS 12RS-773 ORIGINAL
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Proposed law requires all licensees and persons to inform the commissioner of any action
which may constitute a violation of all suitability requirements provided for by law and
prohibits any discrimination for supplying such information.
Proposed law requires all licensees and persons who have been determined to be suitable to
maintain suitability throughout the term of the license.
(Amends R.S. 26:80(A), (F)(2)(intro. para.), and (H) and 280(A), (F)(2)(intro. para.), and
(H); Adds R.S. 26:80(I), (J), and (K) and 280(I), (J), and (K))