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2021 Regular Session
SENATE BILL NO. 76
BY SENATOR TALBOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALCOHOLIC BEVERAGES. Provides relative to the hotel and lodging exception permit.
(8/1/21)
1 AN ACT
2 To enact R.S. 26:794.1, relative to the Office of Alcohol and Tobacco Control; to provide
3 relative to permits; to provide for exception permits for certain establishments; to
4 provide for qualifications and limitations; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 26:794.1 is hereby enacted to read as follows:
7 ยง794.1. Permit exception for hotel and lodging establishments
8 A. Notwithstanding any other provision of law to the contrary, an
9 applicant that meets the requirements set forth in R.S. 26:80 and 280 may be
10 issued a permit exception for hotel and lodging establishments, hereinafter
11 referred to as the "permit", for any establishment which consists of sleeping
12 rooms, cottages, or cabins.
13 B.(1) An applicant for the permit shall do all of the following:
14 (a) Meet all requirements of R.S. 26:80, 81, 280, and 281.
15 (b) Pay all fees for a Class A-General permit as required by R.S. 26:71
16 and 271.
17 (c) Comply with the provisions of R.S. 26:77 and 277.
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1 (d) Prior to operation, acquire any local alcoholic beverage permit as
2 required by R.S. 26:74 and 274.
3 (2) The establishment's location shall meet all of the following
4 requirements:
5 (a) The location shall have a public habitable floor area of no less than
6 five hundred square feet dedicated to the exclusive use of the applicant's
7 business.
8 (b) If the establishment operates a restaurant or dining area, the
9 restaurant or the dining area's primary function is to serve and take orders for
10 food, food items, and alcoholic beverages which may be served in conjunction
11 with meals for on-premise consumption.
12 (c) If the establishment operates a bar, the bar area shall have a
13 permanent wet bar equipped with a nonmovable sink and a backbar or similar
14 equipment for public display and to inform the public of brands and flavors
15 offered for sale.
16 (d) The location shall comply with all state and local building, fire,
17 health, and other applicable laws and ordinances.
18 (3) The applicant shall comply with all of the following with respect to
19 its operations:
20 (a) The applicant shall prohibit any person under eighteen years of age
21 from sitting or loitering at any bar on the premises.
22 (b) The applicant may sell and offer for sale only packaged alcoholic
23 beverages from the designated area, as indicated in its application. The
24 applicant may offer complimentary alcoholic beverages to anyone over the age
25 of twenty-one that is occupying its sleeping rooms, cottages, or cabins.
26 (c) The applicant shall solely control all alcohol sold and served.
27 (d) The applicant shall maintain control of the sale and service of all
28 alcoholic beverages under its permit and the proceeds from the sale of alcohol
29 may not be shared, whether directly or indirectly, with any third person not
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1 listed on the application filed with the Office of Alcohol and Tobacco Control.
2 (e) If the applicant fails to purchase alcoholic beverages for more than
3 six consecutive months for a location, the applicant shall be required to
4 surrender any and all state alcoholic beverage permits issued for that location
5 by the Office of Alcohol and Tobacco Control.
6 (f) Samplings may be conducted in accordance with the site sampling
7 regulations.
8 (g) Prior to being employed by the location, all employees who sell or
9 serve alcohol shall be certified in accordance with the Louisiana Responsible
10 Vendor Program, R.S. 26:931 et seq.
11 (h) The applicant shall fully review and comply with all other provisions
12 of this Title and Title 55 of the Louisiana Administrative Code.
13 C. This permit shall not:
14 (1) Be utilized in lieu of a special event permit.
15 (2) Exempt the applicant from prior approval for any festivals and
16 public events.
17 (3) Be used as a prerequisite to apply for video poker machines.
18 (4) Apply to any change of ownership of the business, including changes
19 to the owner of the applicant, whether in whole or in part. Any such change
20 shall cause this exception permit to be void.
21 D. The applicant shall submit written attestation, under penalty of
22 perjury of all affiliated partners, members, officers, directors, and shareholders
23 that the provisions of Subsection B of this Section have been met.
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Tammy Crain-Waldrop.
DIGEST
SB 76 Reengrossed 2021 Regular Session Talbot
Proposed law provides that an applicant that meets certain qualifications set forth in present
law may be issued a permit exception for hotel and lodging establishments, hereinafter
referred to as "permit", for any establishment which consists of sleeping rooms, cottages, or
cabins.
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Proposed law provides that the applicant is required to meet certain qualifications provided
in proposed law and that the location of the applicant's establishment is required to meet
certain requirements set forth in proposed law.
Proposed law provides certain limitations to the applicant's operations provided in proposed
law and 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 video poker machines.
(4)Apply to any change of ownership of the business, including changes to the owner
of the applicant, whether in whole or in part. Any such change requires the 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, directors, 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, 2021.
(Adds R.S. 26:794.1)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Clarifies the alcoholic beverage purchase requirement, from six months to six
consecutive months at a particular location.
Senate Floor Amendments to engrossed bill
1. Makes technical changes.
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words in boldface type and underscored are additions.