§ 4-32. Acts prohibited on retail dealer's premises; cause for suspension, revocation, or other penalties.

No holder of a retail dealer's permit issued under the provisions of this chapter, or any servant, agent, employee or subcontractor of the permittee, shall do any of the following upon the licensed premises:

(1)

Sell or serve alcoholic beverages as described in this chapter to a person under the age of twenty-one (21) years;

(2)

Sell alcoholic beverages authorized to be sold by the permit to any intoxicated person;

(3)

Intentionally entice, aid or permit any person under the age of eighteen (18) years to visit or loiter in or about any place where alcoholic beverages or beer are the principal commodities sold, handled, or given away. However, the provisions of this section shall in no way prohibit the presence of any person under the age of eighteen (18) years on or about a licensed premises for any function sponsored by a religious or charitable organization with tax-exempt status under Section 501(C)(3) of the Internal Revenue Code of the United States, or by a fraternal beneficiary society with tax exempt status under Section 501(C)(8) of the said code, and no alcoholic beverages are sold, handled, given away or accessible during the presence of any such person;

(4)

Permit any person of known or admitted lewd, immoral or lascivious character, sexual pervert, prostitute, inmate of a brothel or house of prostitution or assignation, seller or user of narcotics, or a convicted panderer, either paid or unpaid to congregate in or frequent the licensed premises;

(5)

Permit prostitution or soliciting of patrons to consort with prostitutes on, within or upon the licensed premises;

(6)

Permit any disturbance of the peace, obscenity or any lewd, immoral or improper entertainment, conduct or practice on the licensed premises:

a.

Attire and conduct. The following acts or conduct on licensed premises are deemed to constitute lewd, immoral or improper entertainment as prohibited by this subsection and therefore no on-sale permit for beverages of high alcoholic content shall be held at any premises where such conduct or acts are permitted:

1.

To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft or the buttocks, vulva or genitals;

2.

To employ or use the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subsection (6)a.1. above;

3.

To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person;

4.

To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.

b.

Entertainers and conduct. Acts or conduct on licensed premises in violation of this subsection are deemed to constitute lewd, immoral or improper entertainment as prohibited by this subsection and therefore no on-sale permit for beverages of high alcoholic content shall be held at any premises where such conduct and acts are permitted. Live entertainment is permitted on any licensed premises, except that:

1.

No permittee shall permit any person to perform acts of or acts which simulate:

i.

Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;

ii.

The touching, caressing or fondling of the breasts, buttocks, anus or genitals;

iii.

The displaying of the public hair, anus, vulva, genitals or nipple of the female breast.

2.

Subject to the provisions of subsection (6)b.1. hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least eighteen (18) inches above the immediate floor level and removed at least three (3) feet from the nearest patron.

No permittee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above.

c.

Visual displays. The following acts or conduct on licensed premises are deemed to constitute lewd, immoral or improper entertainment as prohibited by this subsection and therefore no on-sale permit for beverages of high alcoholic content shall be held at any premises where such conduct or acts are permitted: The showing of film, still pictures, electronic reproduction or other visual reproductions depicting:

1.

Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;

2.

Any person being touched, caressed or fondled on the breasts, buttocks, anus or genitals;

3.

Scenes wherein a person displays the vulva or the anus or the genitals;

4.

Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.

(7)

Sell, offer for sale, possess or permit the consumption on the licensed premises, or on any parking lot or open or closed space within or contiguous to the licensed premises, of any kind or type of alcoholic beverage, the sale or possession of which is not authorized under his permit;

(8)

Intentionally conduct or allow illegal gambling, as now or may hereafter be defined by law, on the premises described in the application for the permit;

(9)

Employ or permit persons, commonly known as "B-drinkers" to solicit patrons for drinks or to accept drinks from patrons and receive therefor any commission or remuneration in any other way;

(10)

Employ anyone under the age of eighteen (18) who would be directly involved in the sale of alcoholic beverages for consumption on the premises, or employ anyone under the age of eighteen (18) in any capacity in which the sale of alcoholic beverages constitutes the main business of the establishment. If the sale or handling of alcoholic beverages does not constitute the main business and alcoholic beverages are not sold for consumption on the premises, an employee under the age of eighteen (18) years may be permitted to participate in the sale of packaged alcoholic beverages to collect the price and taxes and issue receipts therefor, and/or may be permitted to bag packaged alcoholic beverages, where immediate supervision is provided;

(11)

Fail to keep premises well-lighted, or fails to keep all outside windows and doors open to view from the sidewalks or outside;

(12)

Permit the playing of pool or billiards on the licensed premises by persons under eighteen (18) years of age, or permit such persons to frequent the licensed premises operating a pool or billiard hall;

(13)

Fails to pay any taxes due by any regulated business to the parish, including by way of illustration, but not by way of limitation, sales and use taxes, occupational license taxes, liquor, wine or beer permit fees due for previous years;

(14)

Permit the accumulation of trash, debris, refuse, garbage or discarded or noxious matter either on the inside and/or on the outside of the premises used for the sale of alcoholic beverages in violation of Article I of Chapter 16;

(15)

Permit unsanitary conditions to exist either on the inside and/or on the outside of the premises used for the sale of alcoholic beverages in violation of any state or parish health law and/or regulation;

(16)

Illegally sell, offer for sale, possess, or permit the consumption on or about the licensed premises of any kind or type of narcotics or habit forming drugs;

(17)

Accept food stamp coupons as payment for alcoholic beverages in violation of the provisions of Public Law 88-525 and regulation 1600.2(i) issued pursuant to that section of the federal statute by the United States Secretary of Agriculture;

(18)

Operate as a business without obtaining proper permits, including but not limited to a use and occupancy certificate by the Jefferson Parish Department of Inspection and Code Enforcement and/or a final zoning clearance;

(19)

Sell, offer for sale, possess, or permit the consumption on or about the licensed premises of any kind or type of alcoholic beverage which was not purchased or otherwise obtained by the permit-holder from a duly licensed wholesale dealer;

(20)

Allow any act which is enumerated in Louisiana Revised Statutes 26:90;

(21)

Upon the occurrence of any of the following events, there shall be a hearing before the alcoholic beverage review committee to determine whether there is sufficient cause to recommend suspension, revocation, or other penalties of the relevant retail dealer's alcoholic beverage permit within one hundred eighty (180) days of notice of a violation enumerated in this chapter or within two hundred seventy (270) days of notice of a violation when a hearing is timely set and is continued at the request of the permit-holder:

a.

The discharge of any firearm on an alcoholic beverage retail dealer's premises including the vicinity thereof, whether inside, outside, or in the parking lot;

b.

The commission of ten (10) or more calls for service to the sheriff's office within a period of thirty (30) days regarding nuisance activities on the alcoholic beverage retail dealer's premises, including the vicinity thereof, whether inside, outside, or in the parking lot, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, and excessive loud noises.

c.

The refusal and/or failure to comply with provisions of local, state, or federal laws, regulations, or orders, including the refusal and/or failure to remedy building or code violations in accordance with a judicial order and/or order of the bureau of administrative adjudication, that adversely affects the health, peace, or safety of persons residing or working in the surrounding areas.

d.

The commission of any unlawful act on an alcoholic beverage retail dealer's premises, including the vicinity thereof, whether inside, outside, or in the parking lot, which may endanger patrons of the establishment and/or members of the public residing, commuting, or patronizing businesses in the vicinity of the establishment.

(22)

Fail to post regulations that prohibit any person to drink from or carry any opened container; the contents of which are liquids having any alcoholic content of any amount in or on any public streets, sidewalks, squares or unenclosed places in the Fat City area in violation of Article VI of Chapter 20.

(23)

Sell, dispense, or provide for the consumption of alcoholic beverages in Fat City during prohibited hours in violation of Article 3 of Chapter 33.

(24)

Employing or retailing any person who has failed or refused to obtain and maintain a valid certificate of qualification as required by chapter 4, article III herein if said person is required to hold such a certificate under the provisions of Article III, Chapter 4 herein.

(Code 1961, § 3-19; Ord. No. 15351, § 1, 11-17-82; Ord. No. 15365, § 1, 12-1-82; Ord. No. 18549, § 1, 7-1-92; Ord. No. 22882, § 1, 10-4-06; Ord. No. 23073, § 2, 6-6-07; Ord. No. 23688, § 1, 11-4-09; Ord. No. 24193, § 3, 1-25-12; Ord. No. 24898 , § I, 2-11-15; Ord. No. 25164 , § 8, 6-8-16)

State law reference

Similar provisions, R.S. 26:90, R.S. 26:286.

Editor's note

Ord. No. 25164 , § 8, adopted June 8, 2016, amended § 4-32 and in so doing changed the title of said section from "Acts prohibited on retail dealer's premises; cause for suspension or revocation" to "Acts prohibited on retail dealer's premises; cause for suspension, revocation, or other penalties," as set out herein.