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 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 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)