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)]
HB 44 Original 2020 Second Extraordinary Session Magee
Abstract: Suspends the authority of a parish or municipality to prohibit the sale of alcoholic
beverages or to limit the time of operation of any establishment selling alcoholic beverages
during any COVID-19 public emergency until one year after any COVID-19 public
emergency is terminated.
Present law provides that during times of great public crisis, disaster, rioting, catastrophe, or similar
public emergency within the territorial limits of any municipality or parish, the chief law
enforcement officer of the political subdivision affected by the proclamation may prohibit the sale
and distribution of alcoholic beverages.
Present law also provides that the governing authority of any municipality within a parish with a
population between 53,000 and 60,000 persons according to the most recent federal decennial census
may enact ordinances to regulate the closing times of bars located within the municipality.
Present law provides that the parish president may suspend or limit the sale, dispensing, or
transportation of alcoholic beverages during an emergency.
Present law provides that suspension or limitation of the sale, dispensing, or transportation of
alcoholic beverages is included as an emergency response measure for which the chief executive
officer of a municipality is authorized to control during an emergency.
Present law provides that local subdivisions of the state may regulate but not prohibit, except by
referendum vote, the business of wholesaling, retailing, and dealing in alcoholic beverages.
Present law also provides that no parish or municipality shall, in the exercise of its police power,
regulate the business of selling such alcoholic beverages more than is necessary for the protection
of the public health, morals, safety, and peace.
Present law allows a local subdivision, in adopting these regulatory ordinances, to provide for the
suspension or revocation of a permitee's permit in addition to the ordinary penalties authorized by
law for their violation.
Proposed law retains present law, except, while any COVID-19 public health emergency is in effect,
suspends a parish or municipality's ability to prohibit the sale of alcoholic beverages and the ability
to limit the time of operation of any establishment selling alcoholic beverages until one year after
any COVID-19 public emergency has been terminated. Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 14:329.6(A)(4), R.S. 26:493, 493.1, and 494, and R.S. 29:727(F)(8) and 737(B)(7))