Baton Rouge, East Baton Rouge Parish |
Code of Ordinances |
Title 9. LICENSING AND REGULATION OF TRADES AND OCCUPATIONS |
Chapter 18. WINE, BEER, AND LIQUOR |
§ 9:1006. Hours of operation and closing times for licensed or permitted businesses and organizations.
(a)
Class A, B and R license holders. The hours of operation of all class A on-premises consumption license holders shall be from 6:00 a.m. daily until 2:00 a.m. of the following day, Mondays through Saturdays, and from 11:00 a.m. Sunday daily until 12:00 a.m. midnight Sunday. The hours of operation of all class R on-premises consumption license holders shall be from 6:00 a.m. daily until 2:00 a.m. of the following day, Mondays through Saturdays, and from 10:00 a.m. Sunday daily until 12:00 a.m. midnight Sunday. The hours of operation of all class B off-premises consumption license holders shall be from 6:00 a.m. daily until 2:00 a.m. of the following day. Whenever New Year's Eve falls on a Sunday, all class A and R license holders shall be allowed to operate on New Year's Eve until 2:00 a.m. the following day, and the premises must be vacated by 2:30 a.m. the following day. It shall be a criminal offense as well as a violation of this chapter for any holder of such a retail dealer's license/permit issued under this chapter or a servant, agent or employee of same to dispense, in any manner, beverages described in subsection 9:1000(b) of this chapter between the hours of 2:00 a.m. and 6:00 a.m., except as provided below:
(1)
Sunday sales—Motels, hotels, restaurants, convention facilities and private clubs. Without meeting the requirements of subsection 9:1003(g)(5) of this chapter, motels, hotels, convention facilities, riverboats as defined in the Louisiana Riverboat Economic Development and Gaming Control Act, R.S. 9:501 et seq., and adjacent docking and patron assembly facilities including restaurants, and private clubs offering family-type outdoor recreational facilities designed and used as golf and/or tennis clubs whose land area used for said recreational activities exceeds the area in square footage used for improvements by a ratio of at least 20 to 1, shall be permitted to serve beverages described in subsection 9:1000(b) herein between the hours of 10:00 a.m. and 12:00 a.m. midnight Sunday to guests, members and other private functions including legitimate groups, but shall be prohibited from selling package goods or opening bars or lounges to the general public during the specified hours. Said ratio in square footage is to be determined by the inspection division. Private clubs designated above shall meet all requirements of subsection 9:1006(a)(2)a. and b. except such clubs will not have to be classified as a non-profit organization. Riverboats, as previously defined in this section, may only serve beverages described in subsection 9:1000(b) herein between the hours of 10:00 a.m. and 12:00 a.m. midnight Sunday to their patrons.
(2)
Sunday sales—Non-profit organizations. Religious, charitable, fraternal, veterans and other private clubs, which are non-profit organizations in nature and classified as such by all taxing authorities, licensed under the provisions of this chapter, upon certification as a non-profit organization by the ABC office, shall be permitted to sell beverages described in subsection 9:1000(b) between the hours of 10:00 a.m. Sunday and 12:00 a.m. midnight Sunday subject to meeting the following conditions:
a.
Criteria. That an organization described in this section apply for and receive on an annual basis, a permit to serve alcoholic beverages during the hours specified above.
b.
Documentation required. Said permit application to 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.
3.
Certification by the duly elected officers of the organization that said organization is certified a non-profit organization by all taxing authorities and list such authorities.
4.
That an organization applying for a permit under this section also hold a current license/permit under other provisions of this chapter for the sale of alcoholic beverages.
(3)
Closing hours. All class A (on premises consumption) locations shall be closed at 2:30 a.m. until 6:00 a.m., the same day, Monday through Saturday, and shall be closed from 2:30 a.m. Sunday until 11:00 a.m. and shall be closed from 12:30 a.m. until 6:00 a.m. Monday. All class B (off-premises consumption) locations may remain open twenty-four (24) hours per day, however, no alcohol may be sold, dispensed, or given away from 2:00 a.m. until 6:00 a.m. daily, Monday through Sunday.
(4)
Exemptions. Those businesses exempted from the provisions of former R.S. 51:191 and by the provisions of former R.S. 51:192 as they read when repealed in 1986, and riverboats as defined in the Louisiana Economic Development and Gaming Control Act, R.S. 9:501 et seq., and adjacent docking and patron assembly facilities, may remain open for the sale of other items permitted by law, but any sale, dispensing, or consumption of alcoholic beverages at such places of business during the prohibited periods set forth above is expressly forbidden. During the prohibited periods, no open containers, glasses, bottles, cans or other containers holding alcoholic beverages shall be allowed anywhere on the licensed premises or property, except in a locked cabinet or cupboard; provided that those businesses maintaining separate rooms for the conduct of the business of dealing in alcoholic beverages may securely close and lock said separate rooms. 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 were 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.
(b)
Class P license holders. The hours of operation of all class P (on-premises consumption) license holders shall be from 10:00 a.m. daily until 12:00 a.m. of the following day. It shall be a criminal offense as well as a violation of this chapter for any holder of a class P license issued under this chapter or a servant, agent or employee of same to dispense, in any manner, beverages described in subsection 9:1000(b) of this chapter between the hours of 12:00 a.m. and 10:00 a.m. All class P locations shall be closed at 12:30 a.m. and may not sell beverages described in subsection 9:1000(b) of this chapter before 10:00 a.m.
(c)
Class M license holders. The hours of operation of all class M (manufacturer's) license holders shall not be limited, except as follows:
(1)
Class M license holder with on-premises consumption. The hours of operation of all class M (manufacturer's) which also holds a class A license and operates any on-premises tasting room, other on-premises consumption facility or service point of any sort shall be from 9:00 a.m. until 12:00 a.m. of the following day, Monday through Thursday, 8:00 a.m. until 2:00 a.m. of the following day, Friday and Saturday, and 12:00 p.m. until 12:00 a.m. on Sundays for those areas which serve or dispense any qualifying beverages under this chapter. The hours of operation for the manufacturing operation shall not be limited.
(2)
Class M license holder with off-premises consumption. The hours of operation of all class M (manufacturer's) which also holds a class B license and operates any sales point for off-premises consumption of any sort shall be from 9:00 a.m. until 12:00 a.m. of the following day, Monday through Thursday, 8:00 a.m. until 2:00 a.m. of the following day, Friday and Saturday, and 12:00 p.m. until 12:00 a.m. on Sundays for those areas which serve or dispense any qualifying beverages under this ordinance. The hours of operation for the manufacturing operation shall not be limited.
(Ord. No. 15405, § 1, 10-24-12; Ord. No. 15425, § 1, 12-12-12; Ord. No. 15458, § 3, 2-27-13; Ord. No. 15469, § 2, 3-27-13; Ord. No. 15537, § 2, 8-14-13; Ord. No. 17073, § 1, 5-22-19)