HLS 12RS-773 ENGROSSED
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are additions.
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)(1), (2), and (6) through (10), (F)(2)(introductory2
paragraph), and (H)(1) and 280(A)(1), (2), and (6) through (10), (F)(2)(introductory3
paragraph), and (H)(1) and to enact R.S. 26:80(A)(11), (I), and (J) and 280(A)(11),4
(I), and (J), relative to qualifications of applicants for low and high alcoholic5
beverage permits; to provide for specific qualifications related to prohibition against6
a conviction related to theft or crimes involving false statements or gambling; to7
authorize the commissioner to determine suitability of an applicant regardless of the8
final disposition of arrests; to provide for continuing reporting requirements for an9
applicant; to provide for continuing suitability throughout the term of an approved10
license; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 26:80(A)(1), (2), and (6) through (10), (F)(2)(introductory13
paragraph), and (H)(1) and 280(A)(1), (2), and (6) through (10), (F)(2)(introductory14
paragraph), and (H)(1) are hereby amended and reenacted and R.S. 26:80(A)(11), (I), and15
(J) and 280(A)(11), (I), and (J) 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 ENGROSSED
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(1) Be a person of good character and reputation and over eighteen years of1
age. In considering a person's good character or reputation, the commissioner may2
consider a person's arrests in determining suitability.3
(2) Be a citizen of the United States and the state of Louisiana and a resident4
of the state of Louisiana continuously for a period of not less than two years next5
preceding the date of the filing of the application. However, the requirements as to6
Louisiana citizenship do not apply to wholesalers or retailers who held permits on7
or prior to January 1, 1946.8
* * *9
(6) If also applying for a video gaming license under the provisions of R.S.10
27:310, have not been convicted in this state or in any other state or by the United11
States or any other country of theft or any crime involving false statements or12
declarations, or gambling as defined by the laws and ordinances of any municipality,13
any parish, any state, or the United States.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-773 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 Paragraphs9
(A)(4), (5), and (6) of this Section, if all of the following criteria are met:10
* * *11
H.(1) In order to determine suitability, the applicant, members of a12
partnership recognized by Louisiana law, the officers and directors of a corporation,13
the stockholders of a corporation, and members of a limited liability company14
owning more than five percent of such a corporation or company shall be15
fingerprinted. If no disqualifying record is identified at the state level, the16
fingerprints shall be forwarded by the Department of Public Safety and Corrections,17
Public Safety Services, public safety services, office of state police, to the Federal18
Bureau of Investigation (F.B.I.) for a national criminal history record check.19
* * *20
I. All licensees and persons required to be qualified pursuant to the21
provisions of this Chapter shall have a continuing duty to inform the commissioner22
of any action which they believe would constitute a violation of this Chapter. No23
person who so informs the commissioner shall be discriminated against by an24
applicant or licensee because of supplying such information.25
J. All licensees and any other persons who have been found suitable in26
accordance with the provisions of this Section shall maintain suitability throughout27
the term of the license.28
* * *29 HLS 12RS-773 ENGROSSED
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are additions.
§280. Qualifications of applicants for permits1
A. Applicants for state and local permits of all kinds shall meet all of the2
following qualifications and conditions:3
(1) Be a person of good character and reputation and over eighteen years of4
age. In considering a person's good character or reputation, the commissioner may5
consider a person's arrests in determining suitability.6
(2) Be a citizen of the United States and of the state of Louisiana and a7
resident of the state of Louisiana continuously for a period of not less than two years8
next preceding the date of the filing of the application. However, the requirements9
as to Louisiana citizenship do not apply to wholesale or retail dealers who have10
continuously held permits since July 26, 1944.11
* * *12
(6) If also applying for a video gaming license under the provisions of R.S.13
27:310, have not been convicted in this or in any other state or by the United States14
or any other country of theft or any crime involving false statements or declarations,15
or gambling as defined by the laws and ordinances of any municipality, any parish,16
any state, or the United States.17
(6)(7) Have not had a license or permit to sell or deal in alcoholic beverages,18
issued by the United States, any state, or by any political subdivision of a state19
authorized to issue permits or licenses, revoked within two years prior to the20
application, or been convicted, or had a judgment of court rendered against the21
applicant involving alcoholic beverages by this or any other state or by the United22
States for two years prior to the application.23
(7)(8) Have not been convicted of violating any of the provisions of this24
Chapter.25
(8)(9) Have not been convicted of violating any municipal or parish26
ordinance relating to beverages of low alcoholic content adopted pursuant to the27
provisions of R.S. 26:493. In such a case, the granting or denial of a permit is within28
the discretion of the local licensing authorities.29 HLS 12RS-773 ENGROSSED
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(9)(10) 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
(10)(11) Not be the spouse of a person who does not meet the requirements4
of Paragraphs (1) and (3) through (9) of this Subsection; however, in such cases the5
age of the ineligible spouse shall be immaterial.6
* * *7
F.8
* * *9
(2) In the granting of a permit, a conviction or plea of guilty or nolo10
contendere by the applicant shall not constitute an automatic disqualification of the11
applicant as otherwise required pursuant to the provisions of Paragraph Paragraphs12
(A)(4), (5), and (6) of this Section, if all of the following criteria are met:13
* * *14
H.(1) In order to determine suitability, the applicant, members of a15
partnership recognized by Louisiana law, officers and directors of a corporation, the16
stockholders of a corporation, and members of a limited liability company owning17
more than five percent of such corporations and companies shall be fingerprinted.18
If no disqualifying record is identified at the state level, the fingerprints shall be19
forwarded by the Department of Public Safety and Corrections, Public Safety20
Services, public safety services, office of state police, to the Federal Bureau of21
Investigation (F.B.I.) for a national criminal history record check.22
* * *23
I. All licensees and persons required to be qualified pursuant to the24
provisions of this Chapter shall have a continuing duty to inform the commissioner25
of any action which they believe would constitute a violation of this Chapter. No26
person who so informs the commissioner shall be discriminated against by an27
applicant or licensee because of supplying such information.28 HLS 12RS-773 ENGROSSED
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are additions.
J. All licensees and any other persons who have been found suitable in1
accordance with the provisions of this Section shall maintain suitability throughout2
the term of the license.3
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.
(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 provision that allows the commissioner to
consider a person's arrests in determining suitability and a person's good character or
reputation. HLS 12RS-773 ENGROSSED
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are additions.
Proposed law provides a prohibition against conviction of theft or any crime involving false
statements or declarations or gambling in this state or country or any other state or country
if the applicant is also applying for a video gaming license.
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.
Proposed law retains present law and adds public safety services as an entity that is required
to forward fingerprints to the F.B.I. for a national criminal history record check.
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)(1),(2), and (6)-(10), (F)(2)(intro. para.), and (H)(1) and
280(A)(1),(2), and (6)-(10), (F)(2)(intro. para.), and (H)(1); Adds R.S. 26:80(A)(11), (I), and
(J) and 280(A)(11), (I), and (J))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Judiciary to the original bill.
1. Added a provision that allows the commissioner to consider arrests when
determining suitability for low and high alcoholic beverages.
2. Removed the applicant qualification in proposed law that a person's prior
activities, criminal record, reputation, habits, and associations do not pose a
threat to the public interest of the state, the effective regulation and control of
alcoholic beverages, or create or enhance the dangers of unsuitable, unfair, or
illegal practices related to low and high alcoholic beverages.
3. Added to the provision regarding the prohibition for a conviction related to theft
or certain crimes, that if an applicant for low and high alcoholic beverage permit
is also applying for a video gaming license under the provisions of present law,
the applicant could not have been convicted in this state or any other state or by
this country or any other country of theft or any crime involving false statements
or declarations or gambling.