Louisiana 2013 Regular Session

Louisiana Senate Bill SB143 Latest Draft

Bill / Introduced Version

                            SLS 13RS-453	ORIGINAL
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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, 2013
SENATE BILL NO. 143
BY SENATOR DORSEY-COLOMB 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALCOHOLIC BEVERAGES.  Provides for qualifications for alcoholic beverage permits.
(gov sig)
AN ACT1
To amend and reenact R.S. 26:80(B) and (C)(2), relative to qualifications for alcoholic2
beverage permits; to provide relative to citizenship and residency requirements for3
manufacture permits; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 26:80(B) and (C)(2) are hereby amended and reenacted to read as6
follows:7
ยง80. Qualifications of applicants for permits8
*          *          *9
B. If the applicant is a partnership recognized by Louisiana law, or anyone10
in such partnership with or financed by another, all members of such partnership, or11
all the persons furnishing the money shall also possess the qualifications required of12
an applicant. The application shall name all partners or financial backers and furnish13
their social security numbers and proper addresses. If a partner of a partnership14
applying for retail or manufacturer's permits is a corporation or limited liability15
company, the requirements as to citizenship and residence shall not apply to officers,16
directors, and stockholders of the corporation or members of the limited liability17 SB NO. 143
SLS 13RS-453	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
company. The corporation or limited liability company shall either be organized1
under the laws of the state of Louisiana or qualified to do business within the state2
of Louisiana.3
C.	*          *          *4
(2) The requirements as to citizenship and residence do not apply to officers,5
directors, or stockholders of corporations or members of limited liability companies6
applying for retail permits; to officers, directors, or stockholders or members of a7
manufacturer that does not maintain one or more establishments in this state; or to8
officers, directors, or stockholders of any corporation which on January 31, 2003 had9
held a wholesale dealer permit continuously for at least the past three years. The10
provisions of this Paragraph only apply to a corporation, limited liability company,11
partnership, or any other legal business entity either organized under the laws of the12
state of Louisiana or qualified to do business within the state of Louisiana.13
*          *          *14
Section 2. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Present law requires an applicant for any kind of a state or local alcohol beverage permit to
be a citizen of the United States and the state of Louisiana and a resident of the state
continuously for not less than two years.
Present law provides that if a partner of a partnership applying for retail permits is a
corporation or limited liability company, the requirements as to citizenship and residence
shall not apply to officers, directors, and stockholders of the corporation or members of the
limited liability company.
Proposed law retains present law and provides similarly for applicants for manufacturer's
permits.
Present law provides that the requirements as to citizenship and residence do not apply to
officers, directors, or stockholders of corporations or members of limited liability companies SB NO. 143
SLS 13RS-453	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
applying for retail permits; to officers, directors, or stockholders or members of a
manufacturer that does not maintain one or more establishments in this state; or to officers,
directors, or stockholders of any corporation which on January 31, 2003, had held a
wholesale dealer permit continuously for at least the past three years.
Proposed law retains present law and removes restrictions on exception's applicability to
only manufacturers who do not maintain establishments in Louisiana.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 26:80(B) and (C)(2))