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Regular Session, 2012 ENROLLED
SENATE BILL NO. 262
BY SENATOR MORRELL
AN ACT1
To amend and reenact R.S. 26:80 (A)(introductory paragraph), (1) and (6) through (10),2
(F)(1) and the introductory paragraph of (F)(2), and (H)(1), and 280(A) (introductory3
paragraph), (1) and (6) through (10), (F)(1) and the introductory paragraph of (F)(2),4
and (H)(1), and 286(A)(9) and to enact R.S. 26:80(A)(11), (I), and (J), and 90(K),5
and 280(A)(11), (I), and (J), relative to the office of alcohol and tobacco control; to6
provide relative to the qualifications of applicants for alcoholic beverage permits; to7
provide relative to the consideration of arrests of applicants; to provide for certain8
exceptions relative to qualifications of applicants; to provide relative to the duty of9
licensees and permitees to provide certain information to the commissioner; to10
provide relative to the sale of certain beverages in automatic mechanical vending11
machines; to require the commissioner to promulgate rules to accomplish such sales,12
including provisions to prevent access by certain individuals; and to provide for13
related matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 26:80(A)(introductory paragraph), (1) and (6) through (10), (F)(1)16
and the introductory paragraph of (F)(2), and (H)(1) and 280(A)(introductory paragraph),17
(1) and (6) through (10), (F)(1) and the introductory paragraph of (F)(2), (H)(1), and18
286(A)(9) are hereby amended and reenacted, and R.S. 26:80(A)(11), (I), and (J), and19
(90)(K), and 280(A)(11), (I), and (J) are hereby enacted to read as follows: 20
§80. Qualifications of applicants for permits21
A. Applicants for state and local permits of all kinds shall demonstrate that22
they meet all of the following qualifications and conditions:23
ACT No. 764 SB NO. 262 ENROLLED
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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 commissioner2
may consider a person's arrests in determining suitability.3
* * *4
(6) If also applying for a video gaming license under the provisions of5
Chapter 6 of Title 27 of the Louisiana Revised Statutes of 1950, have not been6
convicted in this or in any other state or by the United States or any other7
country of theft or any crime involving false statements or declarations, or8
gambling as defined by the laws and ordinances of any municipality, any parish,9
any state, or the United States.10
(7) Have not had a license or permit to sell or deal in alcoholic beverages,11
issued by the United States, any state, or by any political subdivision of a state12
authorized to issue permits or licenses, revoked within two years prior to the13
application, or been convicted or had a judgment of court rendered against the14
applicant involving alcoholic beverages by this or any other state or by the United15
States for two years prior to the application.16
(7)(8) Have not been adjudged by the commissioner, or convicted by a court17
of violating any of the provisions of this Chapter.18
(8)(9) Have not been convicted of violating any municipal or parish19
ordinances adopted pursuant to the provisions of this Chapter. If the applicant has20
been so convicted, the granting of a permit or of a renewal shall be within the21
discretion of the commissioner.22
(9)(10) Not be the spouse of a person who does not meet the requirements of23
Paragraphs (1) and (3) through (8), (9), and (10)(11) of this Subsection; however, in24
such cases the age of the ineligible spouse shall be immaterial.25
(10)(11) Not owe the state or the local governmental subdivisions in which26
the application is made any delinquent sales taxes, penalties, or interest, excluding27
items under formal appeal pursuant to applicable statutes.28
* * *29
F.(1) (a) Notwithstanding the provisions of Subsections A and B, a permit30 SB NO. 262 ENROLLED
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may be granted by the commissioner if the applicant has been pardoned, has had any1
misdemeanor conviction discharged or dismissed, or the applicant's civil rights have2
been restored, or, if the applicant is a firm, association, partnership, trust, domestic3
or foreign corporation, or other legal entity, the applicant has terminated its4
relationship with the person or persons whose action directly contributed to the5
applicant's conviction.6
(b) The provisions of Subparagraph(a) of this Paragraph shall not apply7
to any applicant who is also applying for a video gaming license under the8
provisions of Chapter 6 of Title 27 of the Louisiana Revised Statutes of 1950.9
(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 Paragraphs (A)(4), (5),12
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, the officers and directors of a corporation,16
the stockholders of a corporation, and members of a limited liability company17
owning more than five percent of such a corporation or company shall be18
fingerprinted. If no disqualifying record is identified at the state level, the19
fingerprints shall be forwarded by the Department of Public Safety and Corrections,20
Public Safety Services public safety services, office of state police, to the Federal21
Bureau of 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 the25
commissioner of any action which they believe would constitute a violation of26
this Chapter. No person who so informs the commissioner shall be27
discriminated against by an applicant or licensee because of supplying such28
information.29
J. All licensees and any other persons who have been found suitable in30 SB NO. 262 ENROLLED
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accordance with the provisions of this Section shall maintain suitability1
throughout the term of the license.2
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§90. Acts prohibited on licensed premises; suspension or revocation of permits4
* * *5
K. Allow the sale, dispensing, or distribution of beverages of high6
alcoholic content in any type of automatic mechanical vending machine7
activated by the use of a coin, token, or similar instrument except in Class A8
establishments pursuant to rules promulgated by the commissioner in9
accordance with the Administrative Procedure Act. Such rules shall include10
procedures for the prevention of access to the machines by underage or11
intoxicated persons. The provisions of this Subsection shall not apply to12
establishments exempt from holding permits under this Chapter.13
* * *14
§280. Qualifications of applicants for permits15
A. Applicants for state and local permits of all kinds shall demonstrate that16
they meet the following qualifications and conditions:17
(1) Be a person of good character and reputation and over eighteen years of18
age. In considering a person's good character or reputation, the commissioner19
may consider a person's arrests in determining suitability.20
* * *21
(6) If the applicant is also applying for a video gaming license under the22
provisions of Chapter 6 of Title 27 of the Louisiana Revised Statutes of 1950,23
have not been convicted in this or in any other state or by the United States or24
any other country of theft or any crime involving false statements or25
declarations, or gambling as defined by the laws and ordinances of any26
municipality, any parish, any state, or the United States.27
(7) Have not had a license or permit to sell or deal in alcoholic beverages,28
issued by the United States, any state, or by any political subdivision of a state29
authorized to issue permits or licenses, revoked within two years prior to the30 SB NO. 262 ENROLLED
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application, or been convicted, or had a judgment of court rendered against the1
applicant involving alcoholic beverages by this or any other state or by the United2
States for two years prior to the application.3
(7)(8) Have not been convicted of violating any of the provisions of this4
Chapter.5
(8)(9) Have not been convicted of violating any municipal or parish6
ordinance relating to beverages of low alcoholic content adopted pursuant to the7
provisions of R.S. 26:493. In such a case, the granting or denial of a permit is within8
the discretion of the local licensing authorities.9
(9)(10) Not owe the state or the local governmental subdivisions in which the10
application is made any delinquent sales taxes, penalties, or interest excluding items11
under formal appeal pursuant to applicable statutes.12
(10)(11) Not be the spouse of a person who does not meet the requirements13
of Paragraphs (1) and (3) through (9)(10) of this Subsection; however, in such cases14
the age of the ineligible spouse shall be immaterial.15
* * *16
F.(1)(a) Notwithstanding the provisions of Subsections A and B, a permit17
may be granted by the commissioner if the applicant has been pardoned, has had any18
misdemeanor conviction discharged or dismissed, or the applicant's civil rights have19
been restored, or, if the applicant is a firm, association, partnership, trust, domestic20
or foreign corporation, or other legal entity, the applicant has terminated its21
relationship with the person or persons whose action directly contributed to the22
applicant's conviction.23
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply24
to any applicant who is also applying for a video gaming license under the25
provisions of Chapter 6 of Title 27 of the Louisiana Revised Statutes of 1950.26
(2) In the granting of a permit, a conviction or plea of guilty or nolo27
contendere by the applicant shall not constitute an automatic disqualification of the28
applicant as otherwise required pursuant to the provisions of Paragraphs (A)(4), (5),29
and (6) of this Section, if all of the following criteria are met:30 SB NO. 262 ENROLLED
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* * *1
H.(1) In order to determine suitability, the applicant, members of a2
partnership recognized by Louisiana law, officers and directors of a corporation, the3
stockholders of a corporation, and members of a limited liability company owning4
more than five percent of such corporations and companies shall be fingerprinted.5
If no disqualifying record is identified at the state level, the fingerprints shall be6
forwarded by the Department of Public Safety and Corrections, Public Safety7
Services, public safety services, office of state police, to the Federal Bureau of8
Investigation (F.B.I.) for a national criminal history record check.9
* * *10
I. All licensees and persons required to be qualified pursuant to the11
provision of this Chapter shall have a continuing duty to inform the12
commissioner of any action which they believe would constitute a violation of13
this Chapter. No person who so informs the commissioner shall be14
discriminated against by an applicant or licensee because of supplying such15
information.16
J. All licensees and any other persons who have been found suitable in17
accordance with the provisions of this Section shall maintain suitability18
throughout the term of the license.19
* * *20
§286. Acts prohibited on licensed premises; suspension or revocation of permits21
A. No person holding a retail dealer's permit and no servant, agent, or22
employee of the permittee shall do any of the following acts upon the licensed23
premises:24
* * *25
(9) Allow the sale, dispensing, or distribution of beverages of low alcoholic26
content in any type of automatic mechanical vending machine activated by the use27
of a coin, token, or similar instrument, except in Class A establishments in28
accordance with rules promulgated pursuant to the Administrative Procedure29
Act. Such rules shall include procedures for the prevention of access to the30 SB NO. 262 ENROLLED
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machines by underage or intoxicated persons. The provisions of this Paragraph1
shall not apply to establishments exempt from holding permits under this Chapter.2
* * *3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: