§ 9:1003. Types of business licenses, fees for business licenses, and qualifications for business licenses.

(a)

Fee for permit. Every class A, B, C and R liquor dealer, in addition to the license tax levied in this section is hereby required to obtain from the city or parish an annual permit to conduct such business during the appropriate year and shall pay the sum of five dollars ($5.00).

(b)

Fees for acquiring an existing business. Any class A, B, C and R beer and/or liquor dealer who, on or after July 1 of any year, acquires a business currently licensed for that year, shall pay a license or excise tax of sixty-five (65) percent of the annual amount for the remainder of that year and a five dollar ($5.00) permit fee, in the case of a liquor dealer for the balance of the appropriate year.

(c)

Licensee required to sign statement acknowledging laws concerning sales to minors. Any person, firm, corporation or association of persons applying for a license to sell, dispense or deliver alcoholic beverages, or applying to renew an existing license to sell, dispense or deliver alcoholic beverages, shall be required to sign a statement acknowledging that said applicant is fully cognizant of the laws pertaining to the sale, dispensing or delivering of alcoholic beverages to minors. Such signed statement shall be executed prior to the issuance or reissuance of any license.

(d)

Fees and privileges of class A, B, and C licenses. Every retail dealer, wholesale dealer and classified employee excepting employees of wholesale dealers, of the above described alcoholic beverages, is hereby required to obtain from the city or parish the following permit and/or pay the following annual excise or license tax and/or permit fee according to their sales classification.

(1)

Class A (beer): Permits the retail dealer to sell beer, porter, ale, fruit juices, or wine containing not more than six (6) percent alcohol by volume as described in subsection 9:1000(b) of this chapter for consumption on the licensed premises at an annual permit fee of ninety dollars ($90.00).

(2)

Class A (liquor): Permits the retail dealer to sell any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six (6) percent alcohol by volume as described in subsection 9:1000(b) of this chapter for consumption on the licensed premises at an annual excise or license tax of five hundred dollars ($500.00).

(3)

Class (A) (beer caterer): Permits the retail dealer to sell beer, porter, ale, fruit juices, or wine containing not more than six (6) percent alcohol by volume as described in subsection 9:1000(b) of this chapter for consumption off of the licensed premises at a catered function at an annual permit fee of ninety dollars ($90.00).

(4)

Class (A) (liquor caterer): Permits the retail dealer to sell any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six (6) percent alcohol by volume as described in subsection 9:1000(b) of this chapter for consumption off of the license premises at catered functions at an annual excise or license tax of five hundred dollars ($500.00).

(5)

Class B (beer): Permits the retail dealer to sell any beer, porter, ale, fruit juices or wine containing not more than six (6) percent alcohol by volume as described in subsection 9:1000(b) of this chapter only for use or consumption off the licensed property at an annual permit fee of seventy-five dollars ($75.00).

(6)

Class B (liquor): Permits the retail dealer to sell any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six (6) percent alcohol by volume as described in subsection 9:1000(b) of this chapter only for use or consumption off the licensed property at an annual excise or license tax of five hundred dollars ($500.00).

(7)

Class C (beer): Permits the wholesale dealer, who is defined as any dealer who sells beer, porter, ale, fruit juices or wine containing not more than six (6) percent alcohol by volume as described in subsection 9:1000(b) of this chapter, at wholesale after payment of an annual permit fee of one hundred twenty dollars ($120.00).

(8)

Class C (liquor): Permits the wholesale dealer, who is defined as any dealer who sells any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than six (6) percent alcohol by volume as described in subsection 9:1000(b), at wholesale after payment of an annual permit fee of five hundred dollars ($500.00).

(e)

Qualifications for class A, B, or C licensee applicants and businesses. Each applicant for a class A, B and C beer or liquor license shall meet the following requirements:

(1)

Is a person of good character, reputation and over eighteen (18) years of age.

(2)

Is a citizen of the United States and of the State of Louisiana, and a resident of the State of Louisiana continuously for a period of not less than two (2) years next preceding the date of the filing of the application. The requirements as to Louisiana citizenship do not apply to wholesalers or retailers who held permits on or prior to January 1, 1946.

(3)

Is the owner of the premises or has a bona fide notarized written lease.

(4)

Has not been convicted of a felony under the laws of the United States, the State of Louisiana, or any other state or country, unless the applicant has been pardoned, or, if the applicant is a firm, association, partnership, trust, domestic or foreign corporation, or other legal entity, the applicant has terminated its relationship with the person or persons whose action directly contributed to the applicant's conviction. A conviction or plea of guilty or nolo contendere by the applicant shall not constitute an automatic disqualification of the applicant if the felony for which the applicant was convicted is not a crime of violence as defined in R.S. 14:2(B) and ten (10) 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.

(5)

Has not been adjudged by a board or convicted by a court in this or in any other state or by the United States or any other country of soliciting for prostitution, gambling, letting of premises for gambling, contributing to the delinquency of juveniles, keeping a disorderly place, or illegally distributing or intent thereof in controlled dangerous substances as defined in Louisiana Revised Statutes.

(6)

Has not had any authorized license or permit connected with alcoholic beverages revoked within two (2) years prior to the application.

(7)

Has not been convicted or had a judgment of court rendered against him involving the sale or service of alcoholic beverages, by this political subdivision, or this or any other state, or by the United States, for two (2) years prior to the application.

(8)

Has not been adjudged by any board or convicted by a court of violating any provisions of R.S. Title 26.

(9)

Has not been adjudged by any board or convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of R.S. 26:494.

(10)

Has not had any certificate, permit or license to dispense alcoholic beverages as described anywhere in this chapter, issued by any other parish, municipality, or state, suspended or revoked, or had the application denied. If the applicant has been so adjudged, the granting of any certificate, permit or license or of a renewal is within the discretion of the board.

(11)

Is not the spouse of a person whose application has been denied or whose permit has been revoked, unless judicially separated or divorced; provided that in such cases the age of the ineligible spouse shall be immaterial.

(12)

Does not owe the City of Baton Rouge-Parish of East Baton Rouge any delinquent sales taxes, penalties, or interest, excluding items under formal appeal pursuant to applicable statutes.

(13)

If the applicant is a partnership recognized by Louisiana law, or anyone in such partnership with or financed by another, all members of such partnership, or all the persons furnishing the money shall also possess the qualifications required of an applicant. The application shall name all partners or financial backers and furnish their social security numbers and proper addresses. If a partner of a partnership applying for retail or manufacturer's permits is a corporation or limited liability company, the requirements as to citizenship and residence shall not apply to officers, directors, and stockholders of the corporation or members of the limited liability company. The corporation or limited liability company shall either be organized under the laws of the state of Louisiana or qualified to do business within the state of Louisiana.

(14)

If the applicant is a corporation or a limited liability company, all officers and directors and all stockholders or members owning in the aggregate more than five (5) percent of the stock or of the membership interest in a limited liability company and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant and shall furnish their federal identification number, their social security number, and their correct home address. The requirements as to citizenship and residence do not apply to either the officers, directors, or stockholders of corporations, or the officers, managers, or members of limited liability companies. The corporation or limited liability company shall be either organized under the laws of the state of Louisiana or qualified to do business within the state of Louisiana.

(15)

That granting of an application in no way contradicts the purpose and intent of any provision of this chapter.

(f)

Fees and privileges of class R license. Permits a restaurant as defined within this chapter, who is also the holder of a class A beer and/or liquor license, privileges as may be set forth in this chapter after payment of an annual permit fee of one hundred five dollars ($105.00).

(g)

Class R license (restaurant) criteria. Each applicant for a class R (restaurant) license shall, in addition to holding a class A beer and/or liquor license, meet the following criteria:

(1)

Must operate a place of business whose primary purpose is to prepare meals to the general public for consumption on premises.

(2)

Must serve food on all days of operation.

(3)

Must file a copy of the applicant's menu together with the application, both new and renewal.

(4)

Must furnish an affidavit from the local health department showing compliance with all applicable health and sanitary requirements with new applications.

(5)

Must gross fifty-one (51) percent of their monthly revenue from the sale of food, food items and nonalcoholic beverages.

(6)

Must maintain separate sales figures for alcoholic beverages.

(7)

All applications for class R licenses, whether new or renewal, shall be in writing, sworn to in front of a notary public, and shall contain the full name of the applicant along with a complete description and correct address of the premises in which the restaurant is located.

(8)

Operate a bona fide restaurant by having a fully equipped kitchen facility and dining room manned and operated at all times that alcoholic beverages are sold.

(9)

The class R licenses shall be subject to revocation by the ABC board at any time following a hearing as provided for all other licenses and/or permits issued under this chapter and a determination that the licensee fails to meet the criteria set forth in this chapter.

(10)

No children under the age of eighteen (18) are allowed in the bar area of a restaurant whether seated at the bar or at tables within the bar area. Children under the age of eighteen (18) are also not allowed to play games within the bar area. The only exception is children passing through the bar area in order to access other accommodations of the restaurant.

(11)

For new businesses without prior business experience on which to base a determination of percentage of food, etc., sales to alcoholic beverages, a temporary permit may be issued by the director of ABC for sixty (60) days after which time evidence of all sales, as may be deemed necessary by the board, will be required to make the license permanent.

(h)

On-site sampling license. On-site sampling for the purposes of allowing a customer to taste a brand of wine, beer, or liquor may be conducted at any time on any premises holding a class B (liquor) license issued pursuant this title subject to the following conditions and restrictions:

(1)

On-site samples shall be offered to customers free of charge and only in accordance with the restrictions set forth herein.

(2)

Samples shall be provided in portions no greater than two (2) ounces per serving. Only one (1) serving per brand shall be provided to a customer on any given day. If a brand contains twenty-three (23) percent or more of alcoholic content, then the sample portion shall be no greater than one-half (½) of one (1) ounce per customer on any given day.

(3)

A retail dealer, wholesaler, manufacturer and/or supplier may furnish the wine, beer, or liquor to be sampled and the containers used to hold such wine, beer, or liquor in connection with the sampling subject to state and/or federal laws, rules and/or regulations.

(4)

No person under the age of eighteen (18) shall be allowed in the area of a class B (liquor) establishment that offers wine sampling pursuant to this section at any time unless accompanied by a parent, legal guardian or spouse twenty-one (21) or older.

(5)

All persons serving on-site samples pursuant to this section shall have the appropriate valid and current retail license.

(6)

Any retail dealer holding a class B (liquor) license, who meets the qualifications set forth in this section, and desires to conduct on-site sampling in accordance with this section shall so designate its intent to conduct such sampling on its original application for a class B (liquor) license or shall amend its application to reflect its intent to conduct such sampling. No retail dealer shall conduct sampling pursuant to this section unless and until it has received prior written authorization from the office of alcoholic beverage control.

(7)

The fee for an on-site sampling license, allowing wine sampling pursuant to this section shall be one hundred twenty dollars ($120.00) per year per licensed location.

(i)

Fees and privileges of class M (manufacturer's) license. A class M license allows a distiller, brewer, or other producer of qualifying beverages as specified in section 9:1000 of this title to distill, brew, or otherwise produce alcoholic beverages, in conformity with any applicable state or federal regulations. A class M license requires payment of an annual license fee of one hundred twenty dollars ($120.00) for manufacturers of low-alcoholic content beverages, five hundred dollars ($500.00) for manufacturers of all other qualifying beverages.

(j)

Class M license (manufacturer's) criteria. Each applicant for a class M (manufacturer's) license shall meet the same qualifications as a class A, B, or C licensee, as set forth in this section.

(1)

A class M licensee intending to operate a tasting room or other on-premises consumption facility or service point must also apply for and receive a class A (on-premises consumption license) appropriate to the type of qualifying beverage to be dispensed.

(2)

A class M Licensee intending to sell its products to visitors or others for off-premises consumption must also apply for and receive a class B (off-premises consumption license) appropriate to the type of qualifying beverage to be dispensed.

(3)

Class M licensees which also operate as a class A licensee (on-premises consumption), class B licensee (off-premises consumption), or both, must comply with all regulations applicable to the secondary license, including but not limited to closing hours (9:1006), licensed servers and employees (9:1007), notice of intent to apply for license (9:1008), application requirements (9:1009), building and zoning requirements (9:1010), and renewals (9:1011), as generally applicable or as may be specified for class M licensees in those sections.

(k)

Fees and privileges of class D (riverboat extended operation) license. A class D license permits a riverboat casino, as defined within this section, which is also the holder of a class A beer and/or liquor license, privileges as may be set forth in this section after payment of an annual permit fee of five thousand dollars ($5,000.00).

(l)

Class D license (riverboat extended operation) criteria. Each applicant for a class D (riverboat extended operation) license shall be a riverboat casino, as defined in this chapter, and shall maintain a valid class A beer and/or liquor license at all times as a condition of being extended the privileges of the class D license.

(m)

Fees and privileges of class P (public recreational facility) license. Permits a publicly owned recreational facility within the parish to operate as an on-premises consumption retail dealer and sell alcoholic beverages as described in subsection 9:1000(b) at an annual excise or license tax of ten dollars ($10.00).

(n)

Class P license (public recreational facility) license. Each applicant for a class P (public recreational facility) license shall meet the following criteria:

(1)

Applicant must have a place of business located within a publicly owned recreational facility (park, golf course, zoo, art gallery, or museum).

(2)

Applicant must demonstrate a serving and consumption area separated from any areas frequented by unsupervised children and minors, except for restaurant-style serving areas with a kitchen facility and dining room manned and operated at all times that alcoholic beverages are sold.

(3)

Applicant must use employees or caterers licensed under this chapter for serving and sales of qualifying beverages.

(o)

Fees and privileges of class P (public recreational facility) license. Permits a publicly owned recreational facility within the parish to operate as an on-premises consumption retail dealer and sell alcoholic beverages as described in subsection 9:1000(b) at an annual excise or license tax of ten dollars ($10.00).

(p)

Class P license (public recreational facility) license. Each applicant for a class P (public recreational facility) license shall meet the following criteria:

(1)

Applicant must have a place of business located within a publicly owned recreational facility (park, golf course, zoo, art gallery, or museum).

(2)

Applicant must demonstrate a serving and consumption area separated from any areas frequented by unsupervised children and minors, except for restaurant-style serving areas with a kitchen facility and dining room manned and operated at all times that alcoholic beverages are sold.

(3)

Applicant must use employees or caterers licensed under this chapter for serving and sales of qualifying beverages.

(q)

Microbrewery license. Authorizes the making, blending, rectifying, or other processing of beer or other malt beverages for the retail sale in an amount not to exceed twelve thousand five hundred (12,500) barrels per year; also permits the retail dealer to sell beer, porter, ale, fruit juice, wine, malt beverages, vinous, spirituous, alcoholic, or intoxicating liquor for consumption on the licensed premises; also permits the retail dealer to sell any beer, porter, ale, fruit juice, wine, malt beverages, vinous, spirituous, alcoholic, or intoxicating liquor for consumption off the licensed premises; and further allows the retail dealer to operate a place of business whose purpose is to prepare meals to the general public for consumption on premises subject to the following conditions and restrictions:

(1)

Each applicant for a microbrewery license shall meet the requirements set forth in this chapter for a class A, B, or C applicant.

(2)

The provisions of this subsection shall not authorize the holder of a microbrewery license to sell the manufactured beverages at wholesale or to a wholesale dealer or manufacturer.

(3)

The holder of a microbrewery license shall not sell any alcoholic beverages for transportation off the premises to any other licensed alcoholic beverage retail dealer.

(4)

The fee for a microbrewery license shall be one hundred twenty dollars ($120.00) for manufacturers of low-alcoholic content beverages, five hundred dollars ($500.00) for manufacturers of all other qualifying beverages per year per licensed location.

(r)

Microdistillery license. Authorizes the distilling, making, blending, rectifying, or processing of any alcoholic beverage for retail sale in quantities of not more than twelve thousand (12,000) gallons per year on any premises; also permits the retail dealer to sell beer, porter, ale, fruit juice, wine, malt beverages, vinous, spirituous, alcoholic, or intoxicating liquor for consumption on the licensed premises; also permits the retail dealer to sell any beer, porter, ale, fruit juice, wine, malt beverages, vinous, spirituous, alcoholic, or intoxicating liquor for consumption off the licensed premises; and further allows the retail dealer to operate a place of business whose purpose is to prepare meals to the general public for consumption on premises subject to the following conditions and restrictions:

(1)

Each applicant for a microdistillery license shall meet the requirements set forth in this chapter for a class A, B, or C applicant.

(2)

The provisions of this subsection shall not authorize the holder of a microdistillery license to sell the manufactured beverages at wholesale or to a wholesale dealer or manufacturer.

(3)

The holder of a microdistillery license shall not sell any alcoholic beverages for transportation off the premises to any other licensed alcoholic beverage retail dealer.

(4)

The fee for a microdistillery license shall be one hundred twenty dollars ($120.00) for manufacturers of low-alcoholic content beverages, five hundred dollars ($500.00) for manufacturers of all other qualifying beverages per year per licensed location.

(5)

Prior to commencing distilling operations, holder of a microdistillery license shall obtain approval from the state fire marshal.

(Ord. No. 15405, § 1, 10-24-12; Ord. No. 15425, § 1, 12-12-12; Ord. No. 15458, § 1, 2-27-13; Ord. No. 15469, § 1, 3-27-13; Ord. No. 15537, § 1, 8-14-13; Ord. No. 16078, § 1, 10-14-15; Ord. No. 16079, § 1, 10-14-15; Ord. No. 16971, § 1, 1-23-19)

Editor's note

Section 2 of Ord. No. 16971, adopted Jan. 23, 2019, states that the ordinance from which section 9:1003 is derived shall be effective 30 days following adoption by the metropolitan council.