SLS 19RS-181 ORIGINAL
2019 Regular Session
SENATE BILL NO. 94
BY SENATOR MORRELL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALCOHOLIC BEVERAGES. Provides an exception for certain applicants for employee
permits seeking to work in locations permitted by ATC as a restaurant. (8/1/19)
1 AN ACT
2 To enact R.S. 26:80(F)(3) and 280(F)(3), relative to alcohol and tobacco control; to provide
3 relative to qualifications of applicants for permits; to provide certain exceptions; and
4 to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 26:80(F)(3) and 280(F)(3) are hereby enacted to read as follows:
7 §80. Qualifications of applicants for permits
8 * * *
9 F.
10 * * *
11 (3)(a) Notwithstanding any other provision of this Section, if the felony
12 for which the applicant was convicted was not a crime of violence as defined in
13 R.S. 14:2(B) nor the crime of distributing or possessing with intent to distribute
14 any controlled dangerous substance classified in Schedule I of R.S. 40:964, the
15 applicant may be eligible to be an employee of a location permitted as a
16 restaurant. To be eligible, the applicant must not have a subsequent conviction
17 for a crime of violence or a crime of distributing or possessing with intent to
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1 distribute or possessing any controlled dangerous substance classified in
2 Schedule I of R.S. 40:964 within ten years of the date of the earlier conviction
3 and the applicant must submit a letter to the commissioner of alcohol and
4 tobacco control requesting approval for employment at the location along with
5 proof of compliance with this Paragraph.
6 (b) The location permitted as a restaurant may not employ the applicant
7 unless and until the commissioner approves the applicant's request.
8 * * *
9 §280. Qualifications of applicants for permits
10 * * *
11 F.
12 * * *
13 (3)(a) Notwithstanding any other provision of this Section, if the felony
14 for which the applicant was convicted was not a crime of violence as defined in
15 R.S. 14:2(B) nor the crime of distributing or possessing with intent to distribute
16 any controlled dangerous substance classified in Schedule I of R.S. 40:964, the
17 applicant may be eligible to be an employee of a location permitted as a
18 restaurant. To be eligible, the applicant must not have a subsequent conviction
19 for a crime of violence or a crime of distributing or possessing with intent to
20 distribute or possessing any controlled dangerous substance classified in
21 Schedule I of R.S. 40:964 within ten years of the date of the earlier conviction
22 and the applicant must submit a letter to the commissioner of alcohol and
23 tobacco control requesting approval for employment at the location along with
24 proof of compliance with this Paragraph.
25 (b) The location permitted as a restaurant may not employ the applicant
26 unless and until the commissioner approves the person's request.
27 * * *
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SLS 19RS-181 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Dawn Romero Watson.
DIGEST
SB 94 Original 2019 Regular Session Morrell
Present law, relative to the Alcohol Beverage Control Law, provides for several different
types of permits for producers, distributors, retailers, restaurants, bars, package stores,
caterers, special events, etc. The Responsible Vendors Program also provides for permits
for servers of alcoholic beverages and security personnel for places that sell alcohol.
Present law requires applicants for all the various permits to meet the same suitability
standards. Those standards include:
(1)Be a person of good character and reputation and over 18 years of age; authorizes an
applicant's arrests to be considered.
(2)Be a citizen of the United States and the state of Louisiana and a resident of the state
of Louisiana continuously for a period of not less than two years next preceding the
date of the filing of the application.
(3)Be the owner of the premises, have a bona fide written lease therefor, or be a
commercial lessor or a noncommercial lessor licensed exclusively for the sole
purpose of conducting charitable gaming.
(4)Have not been convicted of distributing or possessing with the intent to distribute
any controlled dangerous substance classified in Schedule I, on any premises
licensed pursuant to the Alcohol Beverage Control Law, where the applicant held or
holds an interest in the licensed business. Provides that this prohibition is for the
lifetime of the offender.
(5)Have not been convicted of a felony under the laws of the United States, the state of
Louisiana, or any other state or country.
(6)Have not been convicted in this or in any other state or by the United States or any
other country of soliciting for prostitution, pandering, letting premises for
prostitution, contributing to the delinquency of juveniles, keeping a disorderly place,
or illegally dealing in controlled dangerous substances.
(7)If also applying for a video draw poker license, have 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.
(8)Have not had a license or permit to sell or deal in alcoholic beverages issued by the
United States, any state, or by any political subdivision of a state authorized to issue
permits or licenses, revoked within two years prior to the application, or been
convicted or had a judgment of court rendered against the applicant involving the
sale or service of alcoholic beverages by this or any other state or by the United
States for two years prior to the application.
(9)Have not been adjudged by the commissioner, or convicted by a court of violating
any of the provisions of the Alcohol Beverage Control Law.
(10)Have not been convicted of violating any municipal or parish ordinances adopted
pursuant to the provisions of this Chapter. If the applicant has been so convicted, the
granting of a permit or of a renewal shall be within the discretion of the
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SLS 19RS-181 ORIGINAL
commissioner.
(11)Not be the spouse of a person who does not meet the requirements of (1) and (3)
through (10) above, and (12) below; provides that the age of the ineligible spouse
shall be immaterial. Provides that for purposes of this standard, the term "spouse"
shall also include persons who are considered married outside of the United States,
persons who ordinarily hold themselves out as husband and wife, or persons who file
their state and federal income tax returns as either "married filing jointly" or
"married filing separate".
(12)Not owe the state or the local governmental subdivisions in which the application is
made any delinquent sales taxes, penalties, or interest, excluding items under formal
appeal.
Present law provides certain exceptions in the instances of a pardon, restoration of civil
rights, etc. Also provides, as a further exception, that in the granting of a permit, a conviction
or plea of guilty or nolo contendere by the applicant shall not constitute an automatic
disqualification of the applicant as otherwise required pursuant to (5), (6), and (7) above, if
all of the following criteria are met:
(1)The felony for which the applicant was convicted is not a crime of violence.
(2)Ten years or more have elapsed between the date of application and the successful
completion of any sentence, deferred adjudication, or period of probation or parole
and the final discharge of the defendant.
Proposed law provides a further exception. Provides that notwithstanding any other
provision of present law, if the felony for which the applicant was convicted was not a crime
of violence nor the crime of distributing or possessing with intent to distribute any controlled
dangerous substance, the applicant may be eligible to be an employee of a restaurant.
Provides that to be eligible, the applicant must not have a subsequent conviction for a crime
of violence or a crime of distributing or possessing with intent to distribute or possessing any
controlled dangerous substance within 10 years of the date of the earlier conviction.
Requires the applicant to submit a letter to the commissioner of ATC requesting approval
for employment at the restaurant along with proof of compliance with proposed law.
Prohibits the restaurant from employing the applicant until the commissioner approves the
applicant's request.
Effective August 1, 2019.
(Adds R.S. 26:80(F)(3) and 280(F)(3))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.