Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB117 Engrossed / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 117
BY SENATOR MORRELL 
CIGARS/CIGARETTES.  Prohibits alcoholic beverage licensees from accepting nutritional
assistance benefits as payment for alcohol and tobacco products. (8/1/12)
AN ACT1
To amend and reenact R.S. 26:90(A)(12) and 286(A)(12), and to enact R.S. 26:911(A)(5)2
and (6), relative to the office of alcohol and tobacco control; to prohibit the3
acceptance of nutritional assistance benefits for the purchase of alcohol or tobacco4
products; to prohibit certain illegal activities on or about licensed premises; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 26:90(A)(12) and 286(A)(12) are hereby amended and reenacted and8
R.S. 26:911(A)(5) and (6) are hereby enacted to read as follows: 9
§90. Acts prohibited on licensed premises; suspension or revocation of permits10
A. No person holding a retail dealer's permit and no agent, associate,11
employee, representative, or servant of any such person shall do or permit any of the12
following acts to be done on or about the licensed premises:13
*          *          *14
(12) Accept food stamp coupons Supplemental Nutrition Assistance15
Program "SNAP" electronic benefit transfer cards as payment for alcoholic16
beverages in violation of the provisions of Public Law 88-525 and regulation17 SB NO. 117
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Coding: Words which are struck through are deletions from existing law;
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1600.2(i) issued pursuant to that Section of the federal statute by the United States1
secretary of agriculture 7 U.S.C. 2011 et seq., and any federal regulation issued2
pursuant thereto.3
*          *          *4
§286. Acts prohibited on licensed premises; suspension or revocation of permits5
A. No person holding a retail dealer's permit and no servant, agent, or6
employee of the permittee shall do any of the following acts upon the licensed7
premises:8
*          *          *9
(12) Accept food stamp coupons Supplemental Nutrition Assistance10
Program "SNAP" electronic benefit transfer cards as payment for alcoholic11
beverages in violation of the provisions of Public Law 88-525 and Regulation12
1600.2(i) issued pursuant to that Section of the federal statute by the United States13
Secretary of the Department of Agriculture 7 U.S.C. 2011 et seq., and any federal14
regulation issued pursuant thereto.15
*          *          *16
§911.  Acts prohibited17
A.  No person, agent, associate, employee, representative, or servant of any18
person shall permit any of the following acts to be done on or about any premises19
which sells or offers for sale tobacco products:20
*          *          *21
(5) Accept Supplemental Nutrition Assistance Program "SNAP"22
electronic benefit transfer cards as payment for tobacco products in violation23
of the provisions of 7 U.S.C. 2011 et seq., and any federal regulation issued24
pursuant thereto.25
(6) Illegally sell, offer for sale, possess, or permit the consumption on or26
about the licensees premises of any kind or type of controlled dangerous27
substance.28
*          *          *29 SB NO. 117
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Morrell (SB 117)
Present law prohibits the acceptance of food stamp coupons for the payment of alcoholic
beverage products.
Proposed law changes the references in present law from food stamp coupons to
Supplemental Nutrition Assistance Program "SNAP" electronic benefit transfer cards.
Present law prohibits certain acts on or about any premises which sells or offers for sale
tobacco products.
Proposed law retains present law and further prohibits any person, agent, associate,
employee, representative, or servant of any person who sells or offers for sale tobacco
products from accepting electronic benefit transfer cards as payment for tobacco products
in violation of federal provisions.
Proposed law prohibits illegal sale, offering for sale, possessing, or permitting the
consumption on or about a licensed premise of any kind or type of controlled dangerous
substance.
Effective August 1, 2012.
(Amends R.S. 26:90(A)(12) and 286(A)(12); adds R.S. 26:911(A)(5) and (6))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Corrects citations.
2. Adds prohibition on illegal sale, offering for sale, possessing, or permitting
the consumption on or about a licensed premise of any kind or type of
controlled dangerous substance.