The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alan Miller.
DIGEST
SB 428 Original 2020 Regular Session Talbot
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.
(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))