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Regular Session, 2012
SENATE BILL NO. 262
BY SENATOR MORRELL
FEES/LICENSES/PERMITS. Provides relative to qualifications of applicants for alcoholic
beverage permits. (8/1/12)
AN ACT1
To amend and reenact R.S. 26:80(A), (F)(2), and (H) and 280(A), (F)(2), and (H), and to2
enact R.S. 26:80(I), (J), and (K), and 280(I), (J) and (K), relative to the office of3
alcohol and tobacco control, to provide relative to the qualifications of applicants for4
alcoholic beverage permits; to provide relative to the consideration of arrests,5
summons, charges, or indictments of applicants; to provide relative to the duty of6
licensees and permitees to provide certain information to the commissioner; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 26:80(A), (F)(2), and (H) and 280(A), (F)(2), and (H) are hereby10
amended and reenacted, and R.S. 26:80(I), (J), and (K), and 280(I), (J) and (K) are hereby11
enacted to read as follows: 12
§80. Qualifications of applicants for permits13
A. Applicants for state and local permits of all kinds shall meet all of the14
following qualifications and conditions:15
(1) Be a person of good character and reputation and over eighteen years of16
age.17 SB NO. 262
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(2) Be a person whose prior activities, criminal record, if any, reputation,1
habits, and associations do not pose a threat to the public interest of this state2
or to the effective regulation and control of alcoholic beverages, or create or3
enhance the dangers of unsuitable, unfair, or illegal practices, methods, and4
operations in the activities authorized by this Chapter and financial5
arrangements incidental thereto.6
(2) (3) Be a citizen of the United States and 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 wholesalers or retailers who held permits10
on or prior to January 1, 1946.11
(3)(4) Be the owner of the premises, have a bona fide written lease therefor,12
or be a commercial lessor or a non-commercial lessor licensed pursuant to R.S. 4:70113
et seq., exclusively for the sole purpose of conducting charitable gaming.14
(4)(5) Have not been convicted of a felony under the laws of the United15
States, the state of Louisiana, or any other state or country.16
(5)(6) Have not been convicted in this or in any other state or by the United17
States or any other country of soliciting for prostitution, pandering, letting premises18
for prostitution, contributing to the delinquency of juveniles, keeping a disorderly19
place, or illegally dealing in controlled dangerous substances, theft or any crime20
involving false statements or declarations, or gambling as defined by the laws21
and ordinances of any municipality, any parish, any state, or the United States.22
(6)(7) Have not had a license or permit to sell or deal in alcoholic beverages,23
issued by the United States, any state, or by any political subdivision of a state24
authorized to issue permits or licenses, revoked within two years prior to the25
application, or been convicted or had a judgment of court rendered against the26
applicant involving alcoholic beverages by this or any other state or by the United27
States for two years prior to the application.28
(7)(8) Have not been adjudged by the commissioner, or convicted by a court29 SB NO. 262
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of violating any of the provisions of this Chapter.1
(8)(9) Have not been convicted of violating any municipal or parish2
ordinances adopted pursuant to the provisions of this Chapter. If the applicant has3
been so convicted, the granting of a permit or of a renewal shall be within the4
discretion of the commissioner.5
(9)(10) Not be the spouse of a person who does not meet the requirements of6
Paragraphs (1), (2) and (3)(4) through (8), (9) and (10)(11) of this Subsection;7
however, in such cases the age of the ineligible spouse shall be immaterial.8
(10)(11) Not owe the state or the local governmental subdivisions in which9
the application is made any delinquent sales taxes, penalties, or interest, excluding10
items under formal appeal pursuant to applicable statutes.11
* * *12
F.(1) * * *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 of19
or relating to an arrest, summons, charge, or indictment of an applicant, or the20
dismissal thereof, may be considered by the commissioner in determining21
suitability even if the arrest, summons, charge or indictment results in acquittal,22
deferred adjudication, probation, parole, or pardon.23
I.(1) In order to determine suitability, the applicant, members of a partnership24
recognized by Louisiana law, the 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 a corporation or company shall be fingerprinted. If27
no disqualifying record is identified at the state level, the fingerprints shall be28
forwarded by the Department of Public Safety and Corrections, Public Safety29 SB NO. 262
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Services, office of state police, to the Federal Bureau of Investigation (F.B.I.) for a1
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 members of a partnership recognized by Louisiana4
law, the officers and directors of a corporation, the stockholders of a corporation, and5
members of a limited liability company owning more than five percent of such a6
corporation or company, to furnish to the office of alcohol and tobacco control a full7
set of fingerprints to enable a criminal background investigation to be conducted.8
The office of alcohol and tobacco control shall submit the completed fingerprint card9
to the office of state police. The office of state police is authorized to submit the10
fingerprints to the F.B.I. for a national criminal history background check.11
(3) The office of alcohol and tobacco control shall require a background12
investigation by means of fingerprint checks by the office of state police and the13
F.B.I. of each applicant, members of a partnership recognized by Louisiana law, the14
officers and directors of a corporation, the stockholders of a corporation, and15
members of a limited liability company owning more than five percent of such a16
corporation or company applying for an alcoholic beverage permit.17
(4) In addition to the other requirements established by law, the submittal of18
fingerprints shall be a prerequisite to the issuance of a permanent alcoholic beverage19
permit by means of fingerprint checks by the office of state police and the F.B.I.20
(5) The office of state police shall require each applicant, members of a21
partnership recognized by Louisiana law, officers and directors of a corporation, the22
stockholders of a corporation, and the members of a limited liability company23
owning more than five percent of such a corporation or company applying for an24
alcoholic beverage permit pursuant to this Chapter to be fingerprinted. Such25
fingerprints shall be available for use by the office of state police and for transmittal26
to the F.B.I. for a national criminal history record check. The information obtained27
from the national criminal history record check conducted pursuant to this Section28
may be used by the office of alcohol and tobacco control to determine the applicant's29 SB NO. 262
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eligibility for an alcoholic beverage permit.1
(6) In order to determine the suitability of the spouses of those persons2
required to submit fingerprints in accordance with this Section, and all other persons3
required to possess the same qualifications required of the applicant, except for those4
persons otherwise provided for in this Section, the office of alcohol and tobacco5
control shall require such persons to provide verification of suitability in accordance6
with rules adopted by the commissioner pursuant to the Administrative Procedure7
Act. Fingerprints shall not be required unless the commissioner requests fingerprints8
based upon credible information that a person may not meet the qualifications of an9
applicant.10
J. All licensees and persons required to be qualified under this Chapter11
shall have a continuing duty to inform the commissioner of any action which12
they believe would constitute a violation of this Chapter. No person who so13
informs the commissioner shall be discriminated against by an applicant or14
licensee because of supplying such information.15
K. All licensees and any other persons who have been found suitable in16
accordance with the provisions of this Section shall maintain suitability17
throughout the term of the license.18
* * *19
§280. Qualifications of applicants for permits20
A. Applicants for state and local permits of all kinds shall meet the following21
qualifications and conditions:22
(1) Be a person of good character and reputation and over eighteen years of23
age.24
(2) Be a person whose prior activities, criminal record, if any, reputation,25
habits and associations do not pose a threat to the public interest of this state or26
to the effective regulation and control of alcoholic beverages, or create or27
enhance the dangers of unsuitable, unfair, or illegal practices, methods, and28
operations in the activities authorized by this Chapter and financial29 SB NO. 262
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arrangements incidental thereto.1
(2)(3) Be a citizen of the United States and of the state of Louisiana and a2
resident of the state of Louisiana continuously for a period of not less than two years3
next preceding the date of the filing of the application. However, the requirements4
as to Louisiana citizenship do not apply to wholesale or retail dealers who have5
continuously held permits since July 26, 1944.6
(3)(4) Be the owner of the premises, have a bona fide written lease therefor,7
or be a commercial lessor or a non-commercial lessor licensed pursuant to R.S. 4:7018
et seq., exclusively for and for the sole purpose of conducting charitable gaming. In9
cases where the applicant holds a bona fide written lease, the name and current street10
address of the lessor shall be shown on the application form filed with the11
commissioner.12
(4)(5) Have not been convicted of a felony under the laws of the United13
States, the state of Louisiana, or any other state or country.14
(5)(6) Have not been convicted in this or in any other state or by the United15
States of soliciting for prostitution, pandering, letting premises for prostitution,16
contributing to the delinquency of juveniles, keeping a disorderly place, letting a17
disorderly place, or illegally dealing in controlled dangerous substances, theft or any18
crime involving false statements or declarations, or gambling as defined by the19
laws and ordinances of any municipality, any parish, any state, or the United20
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 SB NO. 262
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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 which the5
application is made any delinquent sales taxes, penalties, or interest excluding items6
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, in such9
cases the age of the ineligible spouse shall be immaterial.10
* * *11
F.(1) * * *12
(2) In the granting of a permit, a conviction or plea of guilty or nolo13
contendere by the applicant shall not constitute an automatic disqualification of the14
applicant as otherwise required pursuant to the provisions of Paragraph (A)(4)(5) of15
this Section, if all of the following criteria are met:16
* * *17
H. Notwithstanding the provisions of Subsections F and G, evidence of18
or relating to an arrest, summons, charge, or indictment of an applicant, or the19
dismissal thereof, may be considered by the commissioner in determining20
suitability even if the arrest, summons, charge or indictment results in acquittal,21
deferred adjudication, probation, parole, or pardon.22
I. (1) In order to determine suitability, the applicant, members of a23
partnership recognized by Louisiana law, officers and directors of a corporation, the24
stockholders of a corporation, and members of a limited liability company owning25
more than five percent of such corporations and companies shall be fingerprinted.26
If no disqualifying record is identified at the state level, the fingerprints shall be27
forwarded by the Department of Public Safety and Corrections, Public Safety28
Services, office of state police, to the Federal Bureau of Investigation (F.B.I.) for a29 SB NO. 262
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national criminal history record check.1
(2) In order to determine the suitability of an applicant, the office of alcohol2
and tobacco control shall require the members of a partnership recognized by3
Louisiana law, officers and directors of a corporation, the stockholders of a4
corporation, and members of a limited liability company owning more than five5
percent of such corporations and companies, to furnish to the office of alcohol and6
tobacco control a full set of fingerprints to enable a criminal background7
investigation to be conducted. The office of alcohol and tobacco control shall submit8
the completed fingerprint card to the office of state police. The office of state police9
is authorized to submit the fingerprints to the F.B.I. for a national criminal history10
background check.11
(3) The office of alcohol and tobacco control shall require a background12
investigation by means of fingerprint checks by the office of state police and the13
F.B.I. of each applicant, members of a partnership recognized by Louisiana law,14
officers and directors of a corporation, the stockholders of a corporation, and the15
members of a limited liability company owning more than five percent of such16
corporations or companies applying for an alcoholic beverage permit.17
(4) In addition to the other requirements established by law, the submittal of18
fingerprints shall be a prerequisite to the issuance of a permanent alcoholic beverage19
permit by means of fingerprint checks by the office of state police and the F.B.I.20
(5) The office of state police shall require each applicant, members of a21
partnership recognized by Louisiana law, officers and directors of a corporation, the22
stockholders of a corporation, and members of a limited liability company owning23
more than five percent of such corporations and companies applying for an alcoholic24
beverage permit pursuant to this Chapter to be fingerprinted. Such fingerprints shall25
be available for use by the office of state police and for transmittal to the F.B.I. for26
a national criminal history record check. The information obtained from the national27
criminal history record check conducted pursuant to this Section may be used by the28
office of alcohol and tobacco control to determine the applicant's eligibility for an29 SB NO. 262
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alcoholic beverage permit.1
(6) In order to determine the suitability of the spouses of those persons2
required to submit fingerprints in accordance with this Section, and all other persons3
required to possess the same qualifications required of the applicant, except for those4
persons already provided for by this Section, the office of alcohol and tobacco5
control shall require such persons to provide verification of suitability in accordance6
with rules adopted by the commissioner pursuant to the Administrative Procedure7
Act. Fingerprints shall not be required unless the commissioner requests fingerprints8
based upon credible information that a person may not meet the qualifications of an9
applicant.10
J. All licensees and persons required to be qualified under this Chapter11
shall have a continuing duty to inform the commissioner of any action which12
they believe would constitute a violation of this Chapter. No person who so13
informs the commissioner shall be discriminated against by an applicant or14
licensee because of supplying such information.15
K. All licensees and any other persons who have been found suitable in16
accordance with the provisions of this Section shall maintain suitability17
throughout the term of the license.18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Present law provides for the qualifications an applicant is required to possess in order to
receive an alcoholic beverage permit or a dealer of malt/low alcoholic content permit.
Proposed law retains present law and requires an applicant to be a person:
(1)Whose prior activities, criminal record, if any, reputation, habits, and associations
do not pose a threat to the public interest of this state or to the effective regulation
and control of alcoholic beverages, or create or enhance the dangers of unsuitable,
unfair, or illegal practices, methods, and operations in the activities authorized by
law and any financial arrangements incidental thereto.
(2) Who has not been convicted in this or in any other state or by the United States or
any other country of theft or any crime involving false statements or declarations, or
gambling as defined by the laws and ordinances of any municipality, any parish, any
state, or the United States. SB NO. 262
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(3)Who has a spouse that has not been convicted of either of the above referenced
offenses.
Proposed law authorizes the commissioner of ATC to consider any arrest, summons, charge,
or indictment of an applicant, or the dismissal there of in determining suitability even if the
arrest, summons, charge or indictment results in acquittal, deferred adjudication, probation,
parole, or pardon.
Proposed law requires all licensees and persons required to be qualified by ATC have a
continuing duty to inform the commissioner of any action which they believe would
constitute a violation of alcohol beverage laws and further prohibits discrimination against
a person by an applicant or licensee because of supplying such information.
Proposed law requires all licensees and any other persons who have been found suitable to
maintain suitability throughout the term of the license.
Effective August 1, 2012.
(Amends R.S. 26:80(A), (F)(2), (H) and 280(A), (F)(2), and (H); adds R.S. 26:80(I), (J), (K)
and 280(I), (J), and (K))