HLS 25RS-1000 ORIGINAL 2025 Regular Session HOUSE BILL NO. 546 BY REPRESENTATIVE KNOX Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. ALCOHOLIC BEVERAGE PERMT: Provides with respect to the issuance of alcoholic beverage permits 1 AN ACT 2To amend and reenact R.S. 26:87(B) and 284(E) and to enact R.S. 26:87(A)(4) and 284(F), 3 relative to alcoholic beverage permits; to provide for opposition by a legislator; to 4 provide for the procedure for opposition; and to provide for related matters. 5Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 26:87(B) and 284(E) are hereby amended and reenacted and R.S. 726:87(A)(4) and 284(F) are enacted to read as follows: 8 §87. Procedure for determination to issue or withhold permit 9 A. The right to determine what persons shall or shall not be licensed under 10 this Chapter shall be exercised in the following manner: 11 * * * 12 (4) Within five calendar days after receipt of a request for the issuance of a 13 permit or a renewal, the commissioner shall notify the state senator and the state 14 representative for the district where the permit is to be issued that a request for a 15 state permit has been received. The state senator or state representative may prevent 16 the issuance of a permit in his legislative district by filing with the commissioner a 17 sworn petition of opposition within thirty-five days from the date the application for 18 a state permit or renewal is received. If this petition is timely filed, the 19 commissioner shall withhold the state permit and immediately notify the proper local 20 authority, who shall withhold the local permit. Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-1000 ORIGINAL HB NO. 546 1 B. Except as provided in Subsection (A)(4), No no petition of opposition 2 shall be acted upon by the commissioner unless the petitioner states in an affidavit 3 that he, together with witnesses, if any, will appear at the hearing to establish the 4 allegations of the petition and unless the petition sets forth facts constituting a cause 5 or causes enumerated in or authorized by this Chapter for the withholding of a 6 permit. 7 * * * 8 §284. Procedure for determination to issue or withhold permit 9 The right to determine what persons shall or shall not be licensed under this 10 Chapter shall be exercised in the following manner: 11 * * * 12 E. Within five calendar days after receipt of a request for the issuance of a 13 permit or renewal, the commissioner shall notify the state senator and the state 14 representative for the district where the permit is to be issued that a request for a 15 state permit has been received. The state senator or state representative may prevent 16 the issuance of a permit in his legislative district by filing with the commissioner a 17 sworn petition of opposition within thirty-five days from the date the application for 18 a state permit or renewal is received. If this petition is timely filed, the 19 commissioner shall withhold the state permit and immediately notify the proper local 20 authority, who shall withhold the local permit. 21 E.F. Except as provided in Subsection (E), No no petition of opposition shall 22 be acted upon by the commissioner or the local authorities unless it is sworn to by 23 the petitioner in an affidavit which also affirms that the petitioner together with 24 witnesses, if any, will appear at the hearing to establish the allegations of the petition 25 and unless the petitioner sets forth facts constituting a cause or causes enumerated 26 in or authorized by this Chapter for the withholding of a permit. 27 Section 2. This Act shall be referred to as the "Respecting Neighbors and Preserving 28Neighborhoods Act". Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-1000 ORIGINAL HB NO. 546 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 546 Original 2025 Regular Session Knox Abstract: Permits a legislator to prevent the issuance of an alcoholic beverage permit in his legislative district by filing a petition of opposition with the commissioner of alcohol and tobacco. Present law provides that a person may apply for an alcohol permit with the commissioner of alcohol and tobacco. Present law provides that citizens may object to the issuance of the permit by filing a sworn affidavit of opposition with the commissioner within 35 days of the application request. Present law requires the commissioner to hold a hearing to determine whether the opposition sets forth facts constituting a cause or causes for the withholding of a permit. Proposed law retains present law with regard to citizens but would require the commissioner to give notice to a state senator and state representative that a permit has been requested to be issued in their legislative district within five days of receiving the request for the permit or renewal. Proposed law permits a legislator to prevent the issuance of an alcoholic beverage permit or renewal in his legislative district by filing a petition of opposition with the commissioner of alcohol and tobacco within 35 days of the date the application is received by the commissioner. Proposed law provides that this Act shall be referred to as the "Respecting Neighbors and Preserving Neighborhoods Act". (Amends R.S. 26:87(B) and 284(E); Adds R.S. 26:87(A)(4) and 284(F)) Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.