ENROLLED
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ACT No. 184
Regular Session, 2014
HOUSE BILL NO. 578
BY REPRESENTATIVE COX
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
(1) "Alcoholic beverages" means any fluid or any solid capable of being20
converted into fluid, suitable for human consumption, and containing more than21
one-half of one percent alcohol by volume, including malt, vinous, spirituous,22
alcoholic or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider, or wine.23 ENROLLEDHB NO. 578
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(2) "Beverages of high alcoholic content" means alcoholic beverages1
containing more than six percent alcohol by volume.2
(3) "Beverages of low alcoholic content" means alcoholic beverages3
containing not more than six percent alcohol by volume.4
(4) "Restaurant establishment" means an establishment that meets all of5
these requirements:6
(a) Operates a place of business whose average monthly revenue from food7
and nonalcoholic beverages exceeds fifty percent of its total average monthly8
revenue from the sale of food, nonalcoholic beverages, and alcoholic beverages.9
(b) Serves food on all days of operation.10
(c) Maintains separate sales figures for alcoholic beverages.11
(d) Operates a fully equipped kitchen used for the preparation of uncooked12
foods for service and consumption of such foods on the premises.13
(e) Has a public habitable floor area of no less than that which is required by14
R.S. 26:73 and 272.15
C.(1) The governing authority of the municipality may order a referendum16
election to be held within the municipality after an ordinance or resolution of the17
governing authority is passed authorizing such an election.18
(2) The governing authority shall not have to comply with the other19
provisions of this Chapter such as but not limited to the requirement of filing a20
petition containing the signatures of not less than twenty-five percent of the qualified21
electors residing in the incorporated municipality with the registrar of voters.22
(3) When such election has been ordered by the governing authority of the23
municipality, the following proposition, and no other, shall be submitted to the voters24
of the municipality:25
"Shall the sale of beverages of high and low alcoholic content be permitted26
only on the premises of restaurant establishments which have been issued an "R"27
permit as defined by law within the corporation limits of the city of Mansfield?"28 ENROLLEDHB NO. 578
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(4) In an election, a majority vote cast on the proposition shall determine the1
issue for the incorporated municipality and only residents of the incorporated2
municipality shall be allowed to vote.3
(5) The governing authority calling the election shall promulgate the result4
of the election by resolution or ordinance adopted at its first regular meeting after the5
election and shall publish it in the official journal of the municipality.6
D. All other statutory provisions and rules and regulations of the office of7
alcohol and tobacco control, such as but not limited to application procedures,8
qualifications, and all licensing and permit requirements for a restaurant "R" permit9
shall apply.10
Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: