SLS 20RS-550 ORIGINAL
2020 Regular Session
SENATE BILL NO. 420
BY SENATOR JOHNS
ALCOHOLIC BEVERAGES. Provides relative to ATC permitting licenses with multiple
outlets. (8/1/20)
1 AN ACT
2 To enact R.S. 26:794.1, relative to the office of alcohol and tobacco control permitting
3 licenses; to provide for exception from separate permits to certain establishments;
4 to provide for qualifications; to provide for limitations; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 26:794.1 is hereby enacted to read as follows:
8 ยง 794.1. Permit exemption for hotel and lodging establishments
9 A. Notwithstanding any other provision of law to the contrary, an
10 applicant may be issued a hotel or lodging exemption permit, hereinafter
11 referred to as the "permit," for any establishment which consists of sleeping
12 rooms, cottages, or cabins and meets the provisions of this Section.
13 B. Qualifications. (1) The applicant shall:
14 (a) Meet all requirements of R.S. 26:80 and R.S. 26:280.
15 (b) Pay all fees for a Class A-General permit as required by R.S. 26:71
16 and R.S. 26:271.
17 (c) Comply with the provisions of R.S. 26:77 and R.S. 26:277.
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1 (d) Acquire, prior to operation, any local alcoholic beverage permit as
2 required by R.S. 26:74 and R.S. 26:274 and applicant shall obtain written
3 approval from the local governing official to operate as a hotel or lodging
4 establishment.
5 (2) The premises shall:
6 (a) Have a public habitable floor area of no less than five hundred square
7 feet dedicated to the exclusive use of the applicant's business.
8 (b) Have a restaurant or a dining area that the primary function is to
9 take orders for and serve food and food items and where alcoholic beverages
10 may be served in conjunction with meals for on premise consumption.
11 (c) Be equipped with a permanent wet bar equipped with a nonmovable
12 sink and a backbar or similar equipment for public display and to inform the
13 public of brands and flavors offered for sale.
14 (d) Be in compliance with all state and local building, fire, health, and
15 other applicable statutes and ordinances.
16 (3) (a)The applicant shall:
17 (i) Sell food in the designated dining area on all days of operation.
18 (ii) Only sell and offer for sale packaged alcoholic beverages from the
19 designated area, as indicated in application. Applicant may offer
20 complimentary alcoholic beverages to anyone occupying its sleeping rooms,
21 cottages, or cabins.
22 (iii) Solely control all alcohol sold and served.
23 (iv) Maintain control of the sale and service of all alcoholic beverages
24 under the permit and the proceeds from the sale of alcohol may not be shared,
25 whether directly or indirectly, with any third person not listed on the
26 application filed with the office of alcohol and tobacco control.
27 (4) If applicant fails to purchase alcoholic beverages for more than six
28 months, applicant shall be required to surrender any and all state alcoholic
29 beverage permits issued to the office of alcohol and tobacco control.
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1 (5) Samplings may be conducted in accordance with the site sampling
2 regulations.
3 (6) All employees who sell or serve alcohol must be certified in
4 accordance with R.S. 26:931, et seq., Louisiana Responsible Vendor Program,
5 prior to being employed by the location.
6 (7) Applicant will fully review and comply with all other provisions of
7 Title 26 of the Louisiana Revised Statutes of 1950, and Title 55 of the Louisiana
8 Administrative Code (the Louisiana Alcoholic Beverage Control Laws and
9 Regulations).
10 C. Any permit issued pursuant to this Section shall not:
11 (1) Be utilized in lieu of a special event permit.
12 (2) Exempt applicant from prior approval from any festivals and public
13 events.
14 (3) Be used as a prerequisite to apply for a licence for video draw poker
15 devices pursuant to Chapter 8 of Title 27 of the Louisiana Revised Statutes of
16 1950.
17 (4) Apply to any change of ownership of the business, including changes
18 to the owner of applicant, whether in whole or in part. Any such change shall
19 cause this exception permit to be void.
20 D. Applicant shall submit written attestation, under penalty of perjury
21 of all affiliated partners, members, officers, director, and shareholders that the
22 provisions of Subsection B of this Section have been met.
23 E. The applicant shall submit a notarized certification of eligibility in
24 accordance with this Section on a form provided by the office of alcohol and
25 tobacco control.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 420 Original 2020 Regular Session Johns
Proposed law provides that an applicant, pursuant to present law, may be issued a permit
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exemption for hotel and lodging establishments (permit) for any establishment which
consists of sleeping rooms, cottages, or cabins.
Proposed law provides that certain qualifications be met.
Proposed law requires that the applicant shall:
(1)Meet all requirements of present law (R.S. 26:80 and R.S. 26:280).
(2)Pay all fees for a Class A-General permit as required by present law (R.S. 26:71 and
R.S. 26:271).
(3)Comply with the provisions of present law (R.S. 26:77 and R.S. 26:277).
(4)Acquire, prior to operation, any local alcoholic beverage permit as required by
present law (R.S. 26:74 and R.S. 26:274) and applicant shall obtain written approval
from the local governing official to operate as a hotel or lodging establishment.
Proposed law requires certain qualifications of the location:
(1)The location must have a public habitable floor area of no less than 500 square feet
dedicated to the exclusive use of the applicant's business.
(2)The restaurant or the dining area primary function is to take orders for and serve food
and food items and where alcoholic beverages may be served in conjunction with
meals for on premise consumption.
(3)The location must be equipped with a permanent wet bar equipped with a
nonmovable sink and a backbar or similar equipment for public display and to
inform the public of brands and flavors offered for sale.
(4)The location must be in compliance with all state and local building, fire, health, and
other applicable statutes and ordinances.
Proposed law requires certain qualifications of the operation:
(1)Applicant must sell food in the designated dining area on all days of operation.
(2)Applicant may only sell and offer for sale packaged alcoholic beverages from the
designated area, as indicated in application. Applicant may offer complimentary
alcoholic beverages to anyone occupying its sleeping rooms, cottages, or cabins.
(3)All alcohol sold and served must be solely controlled by applicant.
(4)Applicant must maintain control of the sale and service of all alcoholic beverages
under this permit and the proceeds from the sale of alcohol may not be shared,
whether directly or indirectly, with any third person not listed on the application filed
with the office of alcohol and tobacco control.
Proposed law provides that if the applicant fails to purchase alcoholic beverages for more
than six months, applicant shall be required to surrender any and all state alcoholic beverage
permits issued to the office of alcohol and tobacco control.
Proposed law provides that samplings may be conducted in accordance with the site
sampling regulations.
Proposed law provides that all employees who sell or serve alcohol must be certified in
accordance with the Louisiana Responsible Vendor Program prior to being employed by
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the location.
Proposed law requires that the applicant to fully review and comply with all other provisions
of present law (Title 26 of the Louisiana Revised Statutes of 1950, and Title 55 of the
Louisiana Administrative Code).
Proposed law provides that the permit shall not:
(1)Be utilized in lieu of a special event permit.
(2)Exempt applicant from prior approval from any festivals and public events.
(3)Be used as a prerequisite to apply for a license for video poker machines.
(4)Apply to any change of ownership of the business, including changes to the owner
of applicant, whether in whole or in part. Any such change shall cause this exception
permit to be void.
Proposed law provides that an applicant shall submit written attestation, under penalty of
perjury of all affiliated partners, members, officers, director, and shareholders that the
provisions of proposed law have been met.
Proposed law provides that the applicant shall submit a notarized certification of eligibility
in accordance with proposed law on a form provided by the office of alcohol and tobacco
control.
Effective August 1, 2020.
(Adds R.S. 26:794.1)
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