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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), the introductory paragraph of (F)(2), and (H) and2
280(A), the introductory paragraph of (F)(2), and (H), and to enact R.S. 26:80(I), (J),3
and (K), and 280(I), (J) and (K), relative to the office of alcohol and tobacco control,4
to provide relative to the qualifications of applicants for alcoholic beverage permits;5
to provide relative to the consideration of arrests, summons, charges, or indictments6
of applicants; to provide relative to the duty of licensees and permitees to provide7
certain information to the commissioner; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 26:80(A), the introductory paragraph of (F)(2), and (H) and 280(A),10
the introductory paragraph of (F)(2), and (H) are hereby amended and reenacted, and R.S.11
26:80(I), (J), and (K), and 280(I), (J) and (K) are hereby 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 citizen of the United States and the state of Louisiana and a resident1
of the state of Louisiana continuously for a period of not less than two years next2
preceding the date of the filing of the application. However, the requirements as to3
Louisiana citizenship do not apply to wholesalers or retailers who held permits on4
or prior to January 1, 1946.5
(3) Be the owner of the premises, have a bona fide written lease therefor, or6
be a commercial lessor or a non-commercial lessor licensed pursuant to R.S. 4:7017
et seq., exclusively for the sole purpose of conducting charitable gaming.8
(4) Have not been convicted of a felony under the laws of the United States,9
the state of Louisiana, or any other state or country.10
(5) Have not been convicted in this or in any other state or by the United11
States or any other country of soliciting for prostitution, pandering, letting premises12
for prostitution, contributing to the delinquency of juveniles, keeping a disorderly13
place, or illegally dealing in controlled dangerous substances.14
(6) If also applying for a video gaming license under the provisions of15
R.S. 27:310, have not been convicted in this or in any other state or by the16
United States or any other country of theft or any crime involving false17
statements or declarations, or gambling as defined by the laws and ordinances18
of any municipality, any parish, any state, or the United States.19
(7) Have not had a license or permit to sell or deal in alcoholic beverages,20
issued by the United States, any state, or by any political subdivision of a state21
authorized to issue permits or licenses, revoked within two years prior to the22
application, or been convicted or had a judgment of court rendered against the23
applicant involving alcoholic beverages by this or any other state or by the United24
States for two years prior to the application.25
(7)(8) Have not been adjudged by the commissioner, or convicted by a court26
of violating any of the provisions of this Chapter.27
(8)(9) Have not been convicted of violating any municipal or parish28
ordinances adopted pursuant to the provisions of this Chapter. If the applicant has29 SB NO. 262
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been so convicted, the granting of a permit or of a renewal shall be within the1
discretion of the commissioner.2
(9)(10) Not be the spouse of a person who does not meet the requirements of3
Paragraphs (1) and (3) through (8), (9), and (10)(11) of this Subsection; however, in4
such cases the age of the ineligible spouse shall be immaterial.5
(10)(11) Not owe the state or the local governmental subdivisions in which6
the application is made any delinquent sales taxes, penalties, or interest, excluding7
items under formal appeal pursuant to applicable statutes.8
* * *9
F.(1) * * *10
(2) In the granting of a permit, a conviction or plea of guilty or nolo11
contendere by the applicant shall not constitute an automatic disqualification of the12
applicant as otherwise required pursuant to the provisions of Paragraph (A)(4), (5),13
and (6) of this Section, if all of the following criteria are met:14
* * *15
H. If the applicant is also applying for a video gaming license under the16
provisions of R.S. 27:310, notwithstanding the provisions of Subsections F and17
G, evidence of or relating to an arrest, summons, charge, or indictment of an18
applicant, or the dismissal thereof, may be considered by the commissioner in19
determining suitability even if the arrest, summons, charge or indictment20
results in deferred adjudication, probation, parole, or pardon.21
I.(1) In order to determine suitability, the applicant, members of a partnership22
recognized by Louisiana law, the 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 a corporation or company shall be fingerprinted. If25
no disqualifying record is identified at the state level, the fingerprints shall be26
forwarded by the Department of Public Safety and Corrections, Public Safety27
Services public safety services, office of state police, to the Federal Bureau of28
Investigation (F.B.I.) for a national criminal history record check.29 SB NO. 262
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(2) In order to determine the suitability of an applicant, the office of alcohol1
and tobacco control shall require members of a partnership recognized by Louisiana2
law, the officers and directors of a corporation, the stockholders of a corporation, and3
members of a limited liability company owning more than five percent of such a4
corporation or company, to furnish to the office of alcohol and tobacco control a full5
set of fingerprints to enable a criminal background investigation to be conducted.6
The office of alcohol and tobacco control shall submit the completed fingerprint card7
to the office of state police. The office of state police is authorized to submit the8
fingerprints to the F.B.I. for a national criminal history background check.9
(3) The office of alcohol and tobacco control shall require a background10
investigation by means of fingerprint checks by the office of state police and the11
F.B.I. of each applicant, members of a partnership recognized by Louisiana law, the12
officers and directors of a corporation, the stockholders of a corporation, and13
members of a limited liability company owning more than five percent of such a14
corporation or company applying for an alcoholic beverage permit.15
(4) In addition to the other requirements established by law, the submittal of16
fingerprints shall be a prerequisite to the issuance of a permanent alcoholic beverage17
permit by means of fingerprint checks by the office of state police and the F.B.I.18
(5) The office of state police shall require each applicant, members of a19
partnership recognized by Louisiana law, officers and directors of a corporation, the20
stockholders of a corporation, and the members of a limited liability company21
owning more than five percent of such a corporation or company applying for an22
alcoholic beverage permit pursuant to this Chapter to be fingerprinted. Such23
fingerprints shall be available for use by the office of state police and for transmittal24
to the F.B.I. for a national criminal history record check. The information obtained25
from the national criminal history record check conducted pursuant to this Section26
may be used by the office of alcohol and tobacco control to determine the applicant's27
eligibility for an alcoholic beverage permit.28
(6) In order to determine the suitability of the spouses of those persons29 SB NO. 262
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required to submit fingerprints in accordance with this Section, and all other persons1
required to possess the same qualifications required of the applicant, except for those2
persons otherwise provided for in this Section, the office of alcohol and tobacco3
control shall require such persons to provide verification of suitability in accordance4
with rules adopted by the commissioner pursuant to the Administrative Procedure5
Act. Fingerprints shall not be required unless the commissioner requests fingerprints6
based upon credible information that a person may not meet the qualifications of an7
applicant.8
J. All licensees and persons required to be qualified pursuant to the9
provisions of this Chapter shall have a continuing duty to inform the10
commissioner of any action which they believe would constitute a violation of11
this Chapter. No person who so informs the commissioner shall be12
discriminated against by an applicant or licensee because of supplying such13
information.14
K. All licensees and any other persons who have been found suitable in15
accordance with the provisions of this Section shall maintain suitability16
throughout the term of the license.17
* * *18
§280. Qualifications of applicants for permits19
A. Applicants for state and local permits of all kinds shall meet the following20
qualifications and conditions:21
(1) Be a person of good character and reputation and over eighteen years of22
age.23
(2) Be a citizen of the United States and of the state of Louisiana and a24
resident of the state of Louisiana continuously for a period of not less than two years25
next preceding the date of the filing of the application. However, the requirements26
as to Louisiana citizenship do not apply to wholesale or retail dealers who have27
continuously held permits since July 26, 1944.28
(3) Be the owner of the premises, have a bona fide written lease therefor, or29 SB NO. 262
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be a commercial lessor or a non-commercial lessor licensed pursuant to R.S. 4:7011
et seq., exclusively for and for the sole purpose of conducting charitable gaming. In2
cases where the applicant holds a bona fide written lease, the name and current street3
address of the lessor shall be shown on the application form filed with the4
commissioner.5
(4) 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) Have not been convicted in this or in any other state or by the United8
States of soliciting for prostitution, pandering, letting premises for prostitution,9
contributing to the delinquency of juveniles, keeping a disorderly place, letting a10
disorderly place, or illegally dealing in controlled dangerous substances.11
(6) If the applicant is also applying for a video gaming license under the12
provisions of R.S. 27:310, have not been convicted in this or in any other state13
or by the United States or any other country of theft or any crime involving14
false statements or declarations, or gambling as defined by the laws and15
ordinances of any municipality, any parish, any state, or the United States.16
(7) Have not had a license or permit to sell or deal in alcoholic beverages,17
issued by the United States, any state, or by any political subdivision of a state18
authorized to issue permits or licenses, revoked within two years prior to the19
application, or been convicted, or had a judgment of court rendered against the20
applicant involving alcoholic beverages by this or any other state or by the United21
States for two years prior to the application.22
(7)(8) Have not been convicted of violating any of the provisions of this23
Chapter.24
(8)(9) Have not been convicted of violating any municipal or parish25
ordinance relating to beverages of low alcoholic content adopted pursuant to the26
provisions of R.S. 26:493. In such a case, the granting or denial of a permit is within27
the discretion of the local licensing authorities.28
(9)(10) Not owe the state or the local governmental subdivisions in which the29 SB NO. 262
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application is made any delinquent sales taxes, penalties, or interest excluding items1
under formal appeal pursuant to applicable statutes.2
(10)(11) Not be the spouse of a person who does not meet the requirements3
of Paragraphs (1) and (3) through (9)(10) of this Subsection; however, in such cases4
the age of the ineligible spouse shall be immaterial.5
* * *6
F.(1) * * *7
(2) In the granting of a permit, a conviction or plea of guilty or nolo8
contendere by the applicant shall not constitute an automatic disqualification of the9
applicant as otherwise required pursuant to the provisions of Paragraph (A)(4), (5),10
and (6) of this Section, if all of the following criteria are met:11
* * *12
H. If the applicant is also applying for a video gaming license under the13
provisions of R.S. 27:310, notwithstanding the provisions of Subsections F and14
G, evidence of or relating to an arrest, summons, charge, or indictment of an15
applicant, or the dismissal thereof, may be considered by the commissioner in16
determining suitability even if the arrest, summons, charge or indictment17
results in deferred adjudication, probation, parole, or pardon.18
I. (1) In order to determine suitability, the applicant, members of a19
partnership recognized by Louisiana law, officers and directors of a corporation, the20
stockholders of a corporation, and members of a limited liability company owning21
more than five percent of such corporations and companies shall be fingerprinted.22
If no disqualifying record is identified at the state level, the fingerprints shall be23
forwarded by the Department of Public Safety and Corrections, Public Safety24
Services, public safety services, office of state police, to the Federal Bureau of25
Investigation (F.B.I.) for a national criminal history record check.26
(2) In order to determine the suitability of an applicant, the office of alcohol27
and tobacco control shall require the members of a partnership recognized by28
Louisiana law, officers and directors of a corporation, the stockholders of a29 SB NO. 262
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words in boldface type and underscored are additions.
corporation, and members of a limited liability company owning more than five1
percent of such corporations and companies, to furnish to the office of alcohol and2
tobacco control a full set of fingerprints to enable a criminal background3
investigation to be conducted. The office of alcohol and tobacco control shall submit4
the completed fingerprint card to the office of state police. The office of state police5
is authorized to submit the fingerprints to the F.B.I. for a national criminal history6
background check.7
(3) The office of alcohol and tobacco control shall require a background8
investigation by means of fingerprint checks by the office of state police and the9
F.B.I. of each applicant, members of a partnership recognized by Louisiana law,10
officers and directors of a corporation, the stockholders of a corporation, and the11
members of a limited liability company owning more than five percent of such12
corporations or companies applying for an alcoholic beverage permit.13
(4) In addition to the other requirements established by law, the submittal of14
fingerprints shall be a prerequisite to the issuance of a permanent alcoholic beverage15
permit by means of fingerprint checks by the office of state police and the F.B.I.16
(5) The office of state police shall require each applicant, members of a17
partnership recognized by Louisiana law, officers and directors of a corporation, the18
stockholders of a corporation, and members of a limited liability company owning19
more than five percent of such corporations and companies applying for an alcoholic20
beverage permit pursuant to this Chapter to be fingerprinted. Such fingerprints shall21
be available for use by the office of state police and for transmittal to the F.B.I. for22
a national criminal history record check. The information obtained from the national23
criminal history record check conducted pursuant to this Section may be used by the24
office of alcohol and tobacco control to determine the applicant's eligibility for an25
alcoholic beverage permit.26
(6) In order to determine the suitability of the spouses of those persons27
required to submit fingerprints in accordance with this Section, and all other persons28
required to possess the same qualifications required of the applicant, except for those29 SB NO. 262
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words in boldface type and underscored are additions.
persons already provided for by this Section, the office of alcohol and tobacco1
control shall require such persons to provide verification of suitability in accordance2
with rules adopted by the commissioner pursuant to the Administrative Procedure3
Act. Fingerprints shall not be required unless the commissioner requests fingerprints4
based upon credible information that a person may not meet the qualifications of an5
applicant.6
J. All licensees and persons required to be qualified pursuant to the7
provision of this Chapter shall have a continuing duty to inform the8
commissioner of any action which they believe would constitute a violation of9
this Chapter. No person who so informs the commissioner shall be10
discriminated against by an applicant or licensee because of supplying such11
information.12
K. All licensees and any other persons who have been found suitable in13
accordance with the provisions of this Section shall maintain suitability14
throughout the term of the license.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Morrell (SB 262)
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 that an applicant who is also applying for a
video gaming license be a person:
1. 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.
2. Who has a spouse that has not been convicted of the above referenced offenses.
Proposed law provides that if the applicant is also applying for a video gaming license, the
Commissioner of ATC is authorized to consider any arrest, summons, charge, or indictment
of the applicant, or the dismissal there of in determining suitability even if the arrest,
summons, charge or indictment results in 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 SB NO. 262
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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)(intro para), (H) and 280(A), (F)(2)(intro para), and (H); adds
R.S. 26:80(I), (J), (K) and 280(I), (J), and (K))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Removes provisions relative to an applicant 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. Adds prohibition for applicants for a video gaming license from being
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.