The original instrument was prepared by Dawn Romero Watson. The following
digest, which does not constitute a part of the legislative instrument, was prepared
by Thomas L. Tyler.
DIGEST
SB 94 Engrossed 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 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 nor
a sex offense, 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
or a sex offense within ten 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the engrossed bill
1. Authorizes a person convicted of a sex offense to the work in a restaurant provided
ten years have passed since the conviction and there have been no subsequent
convictions.