§ 4-17. Qualifications and conditions of applicants.

Applicants for a permit shall meet the following qualifications and conditions:

(1)

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

(2)

Is a citizen of the United States;

(3)

Has not been convicted of a felony under the laws of the United States, this state, or any other state and has not entered a plea of nolo contendere to the charge of any such felony;

(4)

Is the owner of the premises, or has a bona fide written lease for same; in cases where the applicant holds a bona fide written lease, the name and current address of, the lessor shall be shown on the application form filed with the sheriff;

(5)

Has not been convicted in this state or in any other state or by the United States of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place or dealing in narcotics and has not entered a plea of nolo contendere to the charge of any such offense;

(6)

Has not had revoked a license or permit to sell or deal in alcoholic beverages issued by the United States or any state for five (5) years prior to the application, or been convicted or had judgment against him involving alcoholic beverages by this state or any other state or the United States for five (5) years prior to the application;

(7)

Has not been convicted of violating any of the provisions of this chapter and has not entered a plea of nolo contendere to the charge of any such offense;

(8)

If applicant has been convicted of violating any parish ordinance adopted pursuant to the provisions of R.S. 26:1 et seq., as amended, granting of a permit shall be within the discretion of the parish council;

(9)

Is not an interposed person for the owner or proprietor of a business;

(10)

Is not the spouse of a person whose application has been denied or whose permit has been revoked or who is otherwise ineligible for a permit, unless judicially separated or divorced;

(11)

If applicant's place of business is conducted wholly or partly by a manager, agent, servant or employee, such person shall possess the qualifications provided by this chapter;

(12)

If application is by a partnership or anyone in partnership with, or financed by another, all members of the partnership and the person or persons furnishing the money, shall be qualified to obtain a permit, and the application shall name all partners or financial backers and furnish their proper addresses;

(13)

If applicant is a corporation, all officers and directors and all stockholders owning in the aggregate more than five (5) percent of the stock, and the person or persons, who shall conduct or manage the business shall possess the qualifications required of an applicant, to be shown by the affidavit of each accompanying the application. However, the requirements as to citizenship and residence do not apply to officers, directors, and stockholders of corporations applying for retail permits only. The corporation shall be either organized under the laws of the state or qualified to do business within the state;

(14)

Notwithstanding the provisions of subparagraph (3), a permit may be granted by the parish if the applicant has been pardoned automatically upon completion of his sentence, without a recommendation of the board of pardons and without action by the governor, in accordance with La. Const. Art. 4 § 5(E)1, has had any misdemeanor conviction discharged or dismissed, 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, 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, provided:

a.

The applicant has been granted a permit by the state in accordance with R.S. 26:80(F) and R.S. 26:280(F); and

b.

The felony for which the applicant was convicted is not a crime of violence as defined in R.S. 14:2(B).

(15)

The parish council may grant or continue a permit with respect to an applicant, even though the applicant's spouse has been convicted of a felony, if:

a.

The applicant had state and local permits prior to the spouse's felony conviction or marriage to the spouse; and

b.

The applicant has a regime of separation of property, pursuant to Civil Code Article 2370, and is the owner of the premises or has a bona fide written lease therefor; or the applicant owns the permitted premises as the applicant's separate property, pursuant to Civil Code Article 2341.

(Code 1961, § 3-10; Ord. No. 23119, § 1, 8-8-07; Ord. No. 23270, § 1, 3-12-08; Ord. No. 24193, § 2, 1-25-12; Ord. No. 25164 , § 4, 6-8-16)

State law reference

Similar provisions, R.S. 26:80, 26:280.