On Motion of Ms. Lee-Sheng, Seconded by ______, the Following Ordinance Was Offered

On motion of Ms. Lee-Sheng, seconded by ______, the following ordinance was offered:

SUMMARY NO. 23433 ORDINANCE NO. ______

An ordinance amending Chapter 4 of the Jefferson Parish Code of Ordinances relative to regulations and procedures for the issuance, suspension or revocation of alcoholic beverage permits; and otherwise providing with respect thereto. (Parishwide)

THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS:

SECTION 1. That Section 4-1 of the Jefferson Parish Code of Ordinances is hereby amended to read as follows:

Sec. 4-1. –Definitions.

For the purpose of this chapter, the following terms have the respective meanings ascribed to them in this section, unless a definite meaning clearly appears from the context:

Alcoholic beverages means any fluid or any solid capable of being converted into fluid suitable for human consumption and containing more than one-half of one (0.5) percent alcohol by volume, including malt, vinous, spirituous, alcoholic and intoxicating liquors, beer, porter, ale, stout, fruit juices, cider or wine.

Beverages of high alcoholic content means alcoholic beverages containing more than six (6) percent alcohol by volume.

Beverages of low alcoholic content means alcoholic beverages containing not more than six (6) percent alcohol by volume.

B-drinkergirl means any female person while in any place of business engaged principally in the sale of alcoholic beverages, who solicits any person on such premises to purchase for such solicitor or any other person, any beverage or other product of whatever kind sold in such place of business.

Dealer means any person who, as a business, manufactures, blends, rectifies, distills, processes, imports, stores, uses, handles, holds, sells, offers for sale, solicits orders for the sale of, distributes, delivers, serves, or transports any alcoholic beverage in the parish or engages herein in any business transaction relating to any such beverage.

Establishment means drugstores, places where alcoholic beverages as defined by ordinances or the laws of the state, are sold, restaurants, coffee shops, cafeterias, short order cafes, luncheonettes. taverns, sandwich stands, soda fountains serving food, and all other eating or drinking establishments, as well as kitchens or other places in which food or drink are prepared for sale, and beverage bar which also includes soda fountains, beer taverns, soft drink stands, juice stands, liquor bars. or other establishments where any beverages are dispensed to the public for immediate consumption, groceries, bakeries, manufacturing confectioneries, food manufacturing plants, cold storage, ice plants, dairies, creameries and frozen dessert places provided the following are excluded from the provisions of this section, to wit: itinerant shows such as bazaars, carnivals, fairs, circuses, public exhibitions and other similar gatherings which will operate for only a temporary period in any one (1) location.

Food means all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof, including ice cream, ice cream sodas, sundaes, lunches and dinners.

Fraternal organization means any society, order or supreme lodge with or without capital stock, organized and carried on solely for the benefit of its members, operating on a lodge system with ritualistic form of organization and having a supreme governing or legislative body with subordinate lodges or branches by whatever name known, which members shall be elected, initiated or admitted in accordance with said society's constitution, laws, rules or regulations for subordinate lodges or branches, shall be required by the laws of each society to hold regular or stated meetings at least once each month shall be deemed to be fraternal organizations.

Handle means sell, use, distribute, store, consume, or otherwise handle.

Hotel means a building used as an abiding place of more than twenty (20) persons who for compensation are lodged, meals provided, no provision is made for cooking in individual rooms or suites and in which ingress and egress to and from all rooms is through an inside lobby or office supervised by a person in charge at all hours. The definition of a hotel is contradistinguished to a boardinghouse or an apartment house, which are herein not included or defined.

Liquors means all distilled or rectified alcoholic spirits, brandy, whiskey, rum, gin, and all similar distilled alcoholic beverages, including all dilutions and mixtures of one (1) or more of the foregoing, such as liquors, cordials and similar compounds.

Malt beverages means beverages obtained by alcoholic fermentation or an infusion, or concoction of barley or other grain, malt, and hops in water, including, among other things, ale, beer, stout, porter and the like. Malt beverages are exclusive of all "liquors" whether they be defined as intoxicating or spirituous liquors, or as alcoholic, vinous, or malt liquors, or however otherwise defined as liquors.

Motel means a building or group of buildings designed and used to provide guest rooms primarily for automobile transients, each room or unit having a separate entrance opening out-of-doors or into a foyer, with parking space provided on the lot for use of guests of the motel, operation of the motel to be supervised by a person in charge at all hours. This definition of motel is applicable and includes auto courts, motor courts, motor hotels and motor inns.

Owners and/or lessees means those persons owning or operating an establishment selling alcoholic beverages, as defined by ordinances or by laws of the state, or any person to whom an alcoholic beverage permit has been issued either by the parish or by the state, or any persons selling food, as defined herein.

Premises or premises to be licensed means the building in which alcoholic beverages are sold, except in cases where such beverages are regularly sold or served outside the building, the term shall also include such outside area.

Railroad car means a vehicular device owned or operated by public carriers, operated on the railroad roadbed, right-of-way or track, commonly used for the transportation of passengers for profit with ordinary restaurant facilities for the benefit of its ping passengers.

Retail dealer means every person who offers for sale, exposes for sale, has in his possession for sale or distribution, or sells alcoholic beverages in any quantity to persons other than licensed wholesale or retail dealers.

Venereal disease means syphilis, gonorrhea, chancroid, lymphogranuloma venerum and granuloma inguinale and they are hereby declared to be contagious, infectious and dangerous to the public health.

Vicinity means the area within three hundred (300) feet of the premises upon which the establishment is located.

Wholesale dealers means those persons who sell alcoholic beverages to other licensed wholesale dealers or licensed retail dealers within the parish excluding the corporate limits of municipalities, or to any person for delivery beyond the parish line, and who conduct a bona fide wholesale business and maintain a warehouse or warehouses for the storage and warehousing of alcoholic beverages in the parish, excluding the corporate limits of municipalities, and licensed by the parish, and conduct and maintain systematic and regular solicitations, distributions, deliveries and sales of said beverages to licensed retail dealers located within the boundaries of the parish, excluding corporate limits of municipalities, in which the wholesale dealer makes any sale or delivery.

SECTION 2. That Section 4-17 of the Jefferson Parish Code of Ordinances is hereby amended to read as follows:

Sec. 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 stateand 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 narcoticsand 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 chapterand 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, 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:

1. A crime of violence as defined in R.S. 14:2(B); or

2. A crime involving a controlled dangerous substance.

SECTION 3.That Section 4-32 of the Jefferson Parish Code of Ordinances is hereby amended to read as follows:

Sec. 4-32. –Acts prohibited on retail dealer’s premises, cause or suspension or revocation.

No holder of a retail dealer's permit issued under the provisions of this chapter, or any servant, agent or employee or subcontractorof 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 permitpersonsfemales, commonly known as "B-drinkersgirls" to frequent the premises and solicit patrons for drinks or to accept drinks from patronsand receive therefor any commission or remuneration in any other way;It shall be immaterial whether or not such solicitor realizes or expects to realize any profit or reward as a result of such solicitation;

(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;