HLS 14RS-618 ENGROSSED
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Regular Session, 2014
HOUSE BILL NO. 578
BY REPRESENTATIVE COX
ALCOHOLIC BEVERAGES: Authorizes the city of Mansfield to conduct local option
elections regarding the sale of alcohol in restaurants
AN ACT1
To enact R.S. 26:600, relative to alcoholic beverage sales; to authorize the governing2
authority of the city of Mansfield to hold an election to allow certain restaurants to3
sell alcohol; to provide for definitions; to provide for the election and ballot4
language; and to provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 26:600 is hereby enacted to read as follows:10
ยง600. Alcoholic beverage sales in restaurants; authorization for propositions to be11
submitted to voters in certain elections12
A. Notwithstanding any other provision of law to the contrary, in the city13
of Mansfield, the governing authority may submit to the voters in any election held14
in compliance with provisions of R.S. 18:402, a proposition to determine whether or15
not the business of selling alcoholic beverages in a restaurant may be conducted and16
licensed only within the incorporated limits of the municipality.17
B. As used in this Section, the following words shall have the following18
meanings:19 HLS 14RS-618 ENGROSSED
HB NO. 578
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(1) "Alcoholic beverages" means any fluid or any solid capable of being1
converted into fluid, suitable for human consumption, and containing more than2
one-half of one percent alcohol by volume, including malt, vinous, spirituous,3
alcoholic or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider, or wine.4
(2) "Beverages of high alcoholic content" means alcoholic beverages5
containing more than six percent alcohol by volume.6
(3) "Beverages of low alcoholic content" means alcoholic beverages7
containing not more than six percent alcohol by volume.8
(4) "Restaurant establishment" means an establishment that meets all of9
these requirements:10
(a) Operates a place of business whose average monthly revenue from food11
and nonalcoholic beverages exceeds fifty percent of its total average monthly12
revenue from the sale of food, nonalcoholic beverages, and alcoholic beverages.13
(b) Serves food on all days of operation.14
(c) Maintains separate sales figures for alcoholic beverages.15
(d) Operates a fully equipped kitchen used for the preparation of uncooked16
foods for service and consumption of such foods on the premises.17
(e) Has a public habitable floor area of no less than five hundred square feet.18
C.(1) The governing authority of the municipality may order a referendum19
election to be held within the municipality after an ordinance or resolution of the20
governing authority is passed authorizing such an election.21
(2) The governing authority shall not have to comply with the other22
provisions of this Chapter such as but not limited to the requirement of filing a23
petition containing the signatures of not less than twenty-five percent of the qualified24
electors residing in the incorporated municipality with the registrar of voters.25
(3) When such election has been ordered by the governing authority of the26
municipality, the following proposition, and no other, shall be submitted to the voters27
of the municipality:28 HLS 14RS-618 ENGROSSED
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"Shall the sale of beverages of high and low alcoholic content be permitted1
only on the premises of restaurant establishments which have been issued an "R"2
permit as defined by law within the corporation limits of the city of Mansfield?"3
(4) In an election, a majority vote cast on the proposition shall determine the4
issue for the incorporated municipality and only residents of the incorporated5
municipality shall be allowed to vote.6
(5) The governing authority calling the election shall promulgate the result7
of the election by resolution or ordinance adopted at its first regular meeting after the8
election and shall publish it in the official journal of the municipality.9
D. All other statutory provisions and rules and regulations of the office of10
alcohol and tobacco, such as but not limited to application procedures, qualifications,11
and all licensing and permit requirements for a restaurant "R" permit shall apply.12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Cox HB No. 578
Abstract: Authorizes the governing authority for the city of Mansfield to hold an election
to authorize the sale of alcoholic beverages in restaurants.
Proposed law provides that the governing authority for the city of Mansfield may submit to
the voters in any election properly held a proposition that would determine whether or not
the business of selling alcoholic beverages in a restaurant may be conducted and licensed
only within the incorporated limits of the municipality.
Proposed law provides for definitions including requirements to qualify as a "restaurant" for
purposes of being licensed.
Proposed law provides for the language of the proposition to be voted on and provides that
a majority vote cast on the proposition by the residents of the municipality shall determine
the issue. HLS 14RS-618 ENGROSSED
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Proposed law provides that application procedures, qualifications, and all licensing and
permit requirements for a restaurant "R" permit shall apply.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 26:600)