§ 9:1005. Special and temporary business or organizational permits.

(a)

Restaurant after hours permit (R.A.H. permit). Restaurants which have obtained a class R restaurant license or meet and maintain the requirements set forth in subsection 9:1003(g) of this chapter may remain open for the sale of food and food items only, after applying for and receiving on an annual basis an additional restaurant after hours permit. However, no sale, dispensing or consumption of alcoholic beverages shall be allowed or permitted anywhere on the licensed premises during the prohibited periods set forth above. During the prohibited periods, no open containers or sealed containers containing alcoholic beverages shall be allowed anywhere on the licensed premises or property except in a locked cabinet, locked closet, locked storage room or locked separate room. Businesses who maintain rooms used as lounges or bars which are separate from the restaurant section, must lock those separate rooms during the prohibited period. Proof of the finding of any open container holding alcoholic beverages at any other place in the licensed premises during the prohibited periods shall result in a presumption that some of the contents of the container are consumed on the licensed premises on the date found and during the prohibited period; and shall further result in a presumption that the contents of the container were sold by the license/permit holder, his manager, agent, servant or employee on the date found.

The permit may be issued to a location with a valid class R license issued under this chapter, which is also the holder of a class A beer and/or liquor license, after payment of an annual permit fee of sixty dollars ($60.00).

(b)

After hours work permit. A licensee may obtain from the alcoholic beverage control office an annual after hours work permit, which allows the licensee to hire such persons as necessary to be in or on the licensed premises, between 2:30 a.m. and 6:00 a.m. Monday thru Saturday for the sole purpose of cleaning the premises, provided that no sale, dispensing or consumption of alcoholic beverages shall be permitted upon the licensed premises during the above hours. Authorization of the above shall be issued upon written application by the licensee to the ABC office. The afterhours work permit shall be posted and available for inspection by any law enforcement officer or ABC agent. This permit shall have the names of those clean-up persons listed on the face of the permit and only those persons listed on the permit shall be allowed on the premises during those hours. Any changes, erasures, or alterations to the permit made by any person other than those authorized by the ABC office shall constitute a violation of this section and subject the licensee to fines and/or suspensions of this permit at a hearing before the ABC board in the same manner as provided for all other permits or licenses issued.

The permit may be issued to a retail dealer with an annual permit fee of sixty dollars ($60.00). The application shall contain the names of the persons to be in or on the premises to be cleaned after hours. This permit shall be updated by written request when new personnel are employed by the licensee with an additional charge of twenty dollars ($20.00).

(c)

Sunday clean-up, inventory and minor maintenance. The permit/license holder and/or manager of record with the ABC office, employees of the licensee/permittee, also on record with the office, may be in or upon the licensed premises on Sunday between the hours of 2:30 a.m. and 11:00 a.m., only, for the sole purpose of taking inventory, cleaning up and doing minor maintenance; however, no sale, dispensing or consumption of alcoholic beverages shall be permitted except as may be provided for under this chapter.

(d)

Removal of band equipment. The permit/license holder, band members, and manager of the permittee may be in or upon the licensed premises between 2:30 a.m. and 3:00 a.m. for the sole purpose of removing all band equipment, after the bar is closed at 2:30 a.m. to the general public and all customers are off the licensed premises. This section shall in no way be construed to modify or extend section 9:1006 in general, which prohibits the sale, serving or dispensing of alcoholic beverages after 2:00 a.m. and requires that all customers must be off the licensed premises by 2:30 a.m. and prohibits any consumption of alcoholic beverages after 2:30 a.m.

(e)

Temporary permit—Existing businesses. Any person, firm, corporation or association of persons acquiring an existing retail or wholesale business licensed to sell alcoholic beverages under the provisions of this chapter, as an owner or lessee may be permitted by the ABC office to operate on a temporary basis until the board approves or denies the application, as set forth above. In the case of a retail business, such an applicant shall be required to post a sign, at the applicant's cost, in a place on the premises designated by the ABC office or its representative as is required of applicants for new places of business. The provisions of this paragraph shall apply to businesses which have been licensed during the current year or the year immediately preceding the current year. Temporary permit may be pulled by the director of alcoholic beverage control for any violation of any city, state or federal law. A temporary permit is deemed null and void absent proof of receipt of a state permit within thirty-five (35) days of issuance of the temporary permit.

(f)

Temporary permit—New businesses. Any person, firm, corporation or association of persons applying for a new license to sell alcoholic beverages under the provisions of this chapter, as owner or lessee, may be permitted by the staff of the ABC office, in cases where all other provisions of this chapter are complied with, to operate on a temporary basis until the board approves or denies a permanent license or permit, at its next scheduled meeting. The failure of the board to approve a permanent license or permit at the next scheduled meeting of the board shall constitute an automatic revocation of the temporary permit. A temporary permit may be revoked by the director of alcoholic beverage control for any violation of any city, state or federal law. A temporary permit is deemed null and void absent proof of receipt of a state permit within thirty-five (35) days of issuance of the temporary permit.

(g)

Three-day temporary beer and/or liquor permit.

(1)

Non-profit organizations. There shall be issued by the alcoholic beverage control office a three-day temporary beer and/or liquor permit to charitable organizations, religious organizations, non-profit organizations and fraternal organizations for the purpose of serving beer and/or liquor at non-profit fairs held by these organizations. The religious, charitable, non-profit and fraternal organizations, which are non-profit organizations in nature, must be classified as such by all taxing authorities. The application for a three-day permit must be accompanied by: (1) a copy of the Charter of the organization, club or facility; (2) a current, accurate membership roster showing full names of members and their current residence address with only those members of legal age being authorized to dispense alcohol for the length of the permit without obtaining a bartender's license; (3) certification by the duly elected officers of the organization that said organization is certified as a non-profit organization by all taxing authorities and list such authorities.

(2)

Certification by building official required. The application must accompany a permit granted by the building official in accordance with title 9, part VII (carnivals, street fairs, circuses, etc.), sections 9-111 through 9-116 of the Code of Ordinances. A certification from the building official must indicate that all of the requirements to have a fair are in accordance with the ordinance governing carnivals, street fairs, circuses, etc. Those organizations qualified above in subsection (a) that own or lease private property where a fair is to be held must provide a general description of the property in lieu of obtaining certification from the building official.

(3)

Hours of operation. Such three-day beer and/or liquor permit shall be for three (3) consecutive days only, beginning at the time designated by the ABC office and ending at the time designated by the ABC office, at which time such beer and/or liquor permit shall expire. This permit under this section is not for the purpose of serving alcohol beyond the closing hours as provided in the wine, beer and liquor ordinances for the city and parish.

(4)

Location requirements. This three-day beer and/or liquor permit shall be for the purpose of serving beer within the designated boundaries of the fair as provided to the building official. This section shall be an exception to the provisions requiring licensed premises under the wine, beer and liquor ordinances for the city and parish.

(h)

Special event permit. A special event permit may be issued to any licensed premises by the alcoholic beverage control office with the approval of the council member in whose district said special event is to be held. In the absence of the council member and in cases where expediency is necessary, the ABC director or his designee may approve the special event permit.

All businesses located within the territorial limits of the "downtown development district" as defined in R.S. 33:2740.8, are eligible for a special event permit regardless of whether or not their main business is the sale of alcoholic beverages.

The permit fee shall be three hundred sixty dollars ($360.00) per day of the event for liquor (to include beer and wine) or one hundred twenty dollars ($120.00) per day of the event for beer only. No more than twelve (12) special event permits shall be issued to any location in any given year. The applicant shall specify the duration of the event, which is a minimum of one (1) day and a maximum of three (3) consecutive days, per event. Each permit issued shall represent a single event of one (1) to three (3) days, the fee shall be calculated per day, per event, by type(s) of liquor to be served, and shall apply to each permit issued. The alcoholic beverage control office shall not issue any special event permit to any applicant for said permit if such applicant is delinquent in the payment of any tax, license or fee to the city or parish.

The provisions of this section shall not apply to those religious, charitable, non-profit and/or fraternal organizations described in subsection 9:1005(g).

(1)

Fraternal organizations on college campuses. Fraternal organizations located on college campuses shall be allowed to obtain no more than twelve (12) special event permits, not to exceed one (1) day per permit, at any location in any given year. These permits may be obtained through a retailer or caterer who possesses a current valid licensed to sell alcoholic beverages in the parish. The same requirements as set forth for any other individual or organization desiring to obtain a special event permit must be met.

(i)

On-site tasting permit. On-site sampling for the purposes of allowing a customer to taste a brand of wine, beer, or liquor shall not be conducted on any premises unless licensed under section 9:1003 of this chapter or unless such on-site sampling is conducted in accordance with the following conditions and restrictions:

(1)

Any retail dealer holding a class B (liquor) permit may apply to the office of alcoholic beverage control for an on-site tasting permit pursuant to this section at least one (1) week prior to the proposed date of the sampling setting forth the date, time, location, and brand(s) of wine to be sampled.

(2)

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 samples in connection with the sampling subject to state and/or federal laws, rules and/or regulations.

(3)

All samplings conducted pursuant to this section shall be limited in duration to one (1) day and no more than two (2) on-site tasting permits shall be issued for any licensed premises each month.

(4)

The fee for the on-site tasting permit(s) provided for in this section shall be sixty dollars ($60.00) per permit.

(5)

All persons serving pursuant to an on-site tasting permit issued in accordance with this section shall have the appropriate valid and current retail license.

(6)

On-site sampling conducted pursuant to an on-site tasting permit issued pursuant to this section shall be restricted to within a 15-foot radius of the area of the licensed premises where most of a retail dealer's inventory is normally and routinely stocked, merchandised, and/or marketed.

(7)

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

(Ord. No. 15405, § 1, 10-24-12; Ord. No. 15420, § 1, 11-28-12; Ord. No. 15425, § 1, 12-12-12; Ord. No. 15458, § 2, 2-27-13; Ord. No. 16079, § 1, 10-14-15)