SLS 20RS-389 ORIGINAL
2020 Regular Session
SENATE BILL NO. 149
BY SENATOR CARTER
ALCOHOLIC BEVERAGES. Provides for an exception for certain applicants for employee
permits seeking to work in locations permitted by office of alcohol and tobacco control as
a restaurant. (8/1/20)
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 R.S. 40:964 or any legend drug,
15 nor a sex offense as defined in R.S. 15:541, the applicant may be eligible to be
16 a manager or owner of a location permitted as a restaurant. To be eligible, the
17 applicant shall not have any subsequent felony conviction other than those listed
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1 above, and three years or more for an owner or two years or more for a
2 manager, have elapsed between the date of application and the successful
3 completion of any sentence, deferred adjudication, or period of probation or
4 parole and the final discharge of the defendant. Additionally, the applicant shall
5 submit a letter to the commissioner of alcohol and tobacco control requesting
6 approval for employment at the location along with proof of compliance with
7 this Paragraph.
8 (b) The location permitted as a restaurant may not employ the applicant
9 unless and until the commissioner approves the applicant's request.
10 * * *
11 §280. Qualifications of applicants for permits
12 * * *
13 F.
14 * * *
15 (3)(a) Notwithstanding any other provision of this Section, if the felony
16 for which the applicant was convicted was not a crime of violence as defined in
17 R.S. 14:2 (B) nor the crime of distributing or possessing with intent to distribute
18 any controlled dangerous substance classified in R.S. 40:964 or any legend drug,
19 nor a sex offense as defined in R.S. 15:541, the applicant may be eligible to be
20 a manager or owner of a location permitted as a restaurant. To be eligible, the
21 applicant shall not have any subsequent felony conviction other than those listed
22 above, and three years or more for an owner or two years or more for a
23 manager, have elapsed between the date of application and the successful
24 completion of any sentence, deferred adjudication, or period of probation or
25 parole and the final discharge of the defendant. Additionally, the applicant shall
26 submit a letter to the commissioner of alcohol and tobacco control requesting
27 approval for employment at the location along with proof of compliance with
28 this Paragraph.
29 (b) The location permitted as a restaurant may not employ the applicant
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1 unless and until the commissioner approves the person's request.
2 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
SB 149 Original 2020 Regular Session Carter
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 of 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 U.S. 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 U.S., 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 U.S. 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 U.S. 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 U.S.
(8)Have not had a license or permit to sell or deal in alcoholic beverages issued by the
U.S., 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 U.S. 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.
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(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 U.S., 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 manager or owner
of a restaurant. Provides that to be eligible, the applicant shall not have any subsequent
felony conviction, and three years or more for an owner or two years or more for a manager,
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 requires the applicant to submit a letter to the commissioner of ATC
requesting approval for employment at the location 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, 2020.
(Adds R.S. 26:80(F)(3) and 280(F)(3))
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