2021 Regular Session ENROLLED
SENATE BILL NO. 76
BY SENATOR TALBOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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.
18 (d) Prior to operation, acquire any local alcoholic beverage permit as
19 required by R.S. 26:74 and 274.
20 (2) The establishment's location shall meet all of the following
21 requirements:
22 (a) The location shall have a public habitable floor area of no less than
23 five hundred square feet dedicated to the exclusive use of the applicant's
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 76 ENROLLED
1 business.
2 (b) If the establishment operates a restaurant or dining area, the
3 restaurant or the dining area's primary function is to serve and take orders for
4 food, food items, and alcoholic beverages which may be served in conjunction
5 with meals for on-premise consumption.
6 (c) If the establishment operates a bar, the bar area shall have a
7 permanent wet bar equipped with a nonmovable sink and a backbar or similar
8 equipment for public display and to inform the public of brands and flavors
9 offered for sale.
10 (d) The location shall comply with all state and local building, fire,
11 health, and other applicable laws and ordinances.
12 (3) The applicant shall comply with all of the following with respect to
13 its operations:
14 (a) The applicant shall prohibit any person under eighteen years of age
15 from sitting or loitering at any bar on the premises.
16 (b) The applicant may sell and offer for sale only packaged alcoholic
17 beverages from the designated area, as indicated in its application. The
18 applicant may offer complimentary alcoholic beverages to anyone over the age
19 of twenty-one that is occupying its sleeping rooms, cottages, or cabins.
20 (c) The applicant shall solely control all alcohol sold and served.
21 (d) The applicant shall maintain control of the sale and service of all
22 alcoholic beverages under its permit and the proceeds from the sale of alcohol
23 may not be shared, whether directly or indirectly, with any third person not
24 listed on the application filed with the Office of Alcohol and Tobacco Control.
25 (e) If the applicant fails to purchase alcoholic beverages for more than
26 six consecutive months for a location, the applicant shall be required to
27 surrender any and all state alcoholic beverage permits issued for that location
28 by the Office of Alcohol and Tobacco Control.
29 (f) Samplings may be conducted in accordance with the site sampling
30 regulations.
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1 (g) Prior to being employed by the location, all employees who sell or
2 serve alcohol shall be certified in accordance with the Louisiana Responsible
3 Vendor Program, R.S. 26:931 et seq.
4 (h) The applicant shall fully review and comply with all other provisions
5 of this Title and Title 55 of the Louisiana Administrative Code.
6 C. This permit shall not:
7 (1) Be utilized in lieu of a special event permit.
8 (2) Exempt the applicant from prior approval for any festivals and
9 public events.
10 (3) Be used as a prerequisite to apply for video poker machines.
11 (4) Apply to any change of ownership of the business, including changes
12 to the owner of the applicant, whether in whole or in part. Any such change
13 shall cause this exception permit to be void.
14 D. The applicant shall submit written attestation, under penalty of
15 perjury of all affiliated partners, members, officers, directors, and shareholders
16 that the provisions of Subsection B of this Section have been met.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.