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Louisiana

Orleans

Orleans Parish is a Wet Parish

Cities: New Orleans

Hours of Operation / Sunday Sales – Exemptions - Location Regulations - Neighborhood Compatibility - Employee Requirements - Vieux Carre - Sales Restrictions - Possession of Weapons Where Alcoholic Beverages are Sold, Consumed on the Premises - Effects of Alcohol During Pregnancy – Use Of Force

Sunday Sales:
Any person may engage at retail on Sundays to the extent authorized by and in accordance with the provisions of this Code, the comprehensive zoning ordinance for the city, and other applicable ordinances of the city.

Exemptions: The mayor or the council may, on election days, in the case of riots, fights and disturbances of any kind; and whenever in the judgment of the mayor or the council it becomes necessary for the maintenance of peace and the preservation of public order, close barrooms or drinking houses.

Location Regulations:
No permit shall be granted for the opening of any barroom, saloon, cabaret or other place where alcoholic beverages are sold at retail, to be consumed on the premises within 300 feet of any playground, church, public library, or school. Certain exceptions apply. No permit shall be granted for the opening of any package house or package liquor store within 300 feet of any playground, church, public library, school, funeral home, or mortuary. Certain exceptions apply.

No alcoholic beverage outlet permit shall be granted or license issued for the establishment or opening of any barroom, saloon, cabaret, night club or other place where beverages of high alcoholic content or beer or ale are sold at retail to be consumed on the premises, in any residential district or park and recreation district of the city. Certain exceptions apply. No permit shall be granted or license issued for the establishment or opening of any package liquor store in any residential district of the city. Certain exceptions apply.

It shall be unlawful for any person: to construct, alter or repair any building or other place to be used for the sale of alcoholic beverages; to operate any barroom or other place where alcoholic beverages are sold; or to sell, exchange or give away any alcoholic beverages within the area or zone bounded by Barracks Street, Decatur Street, Ursuline Avenue and North Peters Street (does not apply to bona fide restaurants). Specific sales restrictions also apply to the area of Vieux Carre.

No permit shall be granted or issued for the retail sale of alcoholic beverages in any central business zoning district. Certain exceptions apply.

Neighborhood Compatibility Regulations:
All trash receptacles, excluding dumpsters, shall be located inside of a structure and shall be placed in the public right-of-way on pick-up days only; all litter shall be cleared from site of the ABO, the adjacent public right-of-way and any accessory parking lot on a daily basis; the public right-of-way adjacent to the site and the accessory parking lot shall be swept daily and periodically cleared with a watering hose as needed; assignment must be made of a particular individual as the contact person to notify should a violation of the litter abatement program occur.  The permit applicant shall screen any dumpster used in connection with the site which is visible from the public right-of-way or parking area with a 6 foot opaque fence with gates. No dumpster is permitted to be placed within the public right-of-way.

Employee Requirements:
Every employee of a cabaret or night club who comes in contact or is likely to come in contact with the patrons thereof shall within three days of the date of original employment, make application with and be fingerprinted by the police department of the city for a cabaret or night club employee's identification card. No such employee shall be employed on the premises unless such person has obtained a current cabaret or night club employee's identification card, or temporary permit issued by the superintendent of police in such form and manner as he may prescribe. It is the responsibility of the licensee that all employees have their identification cards in their physical possession or on file with the licensee on the premises. The holder of an identification card or temporary permit shall immediately notify employer and notify superintendent of police in writing of any change in address.  All cabaret and night club employees' identification cards shall expire on the anniversary of the birthday of the applicant which is nearest to a date two years subsequent to the issuing of the identification card, unless revoked, cancelled, or suspended.

Vieux Carre: 
Every person employed by a bar, lounge, or nightclub located within the Vieux Carre in a capacity in which the job duties involve providing security, within 45 days after commencing employment, must successfully complete every two years the training course required by the Louisiana Responsible Vendor Program, which shall include security personnel training modules and an appropriate course content for early identification and risk minimization of alcohol-related disorderly conduct and any other matters which compromise internal safety during business operations. This shall be in addition to the server training requirements of the Louisiana Responsible Vendor Program.

Sales Regulations:
Any dealer who sells alcoholic beverages is restricted to sales within such premises. All establishments holding Class B retail permits are prohibited from conducting sales transactions through a window or door to a customer on the sidewalk.   Any person possessing an alcoholic beverage permit shall not permit or allow the sale or consumption of alcoholic beverages on the parking or driveway area of the licensed premises except during carnival parade season. It shall be unlawful for any person or any other legal entity who is engaged in the operation of any barroom, saloon, cabaret or other place where alcoholic beverages are sold at retail, to be consumed on the premises, to keep or allow to be kept any benches or seats on the sidewalks in the vicinity of any such business establishment.

Possession of Weapons Where Alcoholic Beverages are Sold, Consumed on the Premises:
It shall be unlawful for any person to have in his possession a firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, in any premises where alcoholic beverages are sold and consumed on the premises, except the owner or lessee of the premises, or their employees; sheriffs; state police; city police, or persons vested with police power when in the actual discharge of their duties.

Effects of Alcohol During Pregnancy:
Each alcoholic beverage permittee shall inform all purchasers and potential consumers of alcoholic beverages who enter upon the premises to which the permit applies of the possible dangers to infants born to women who consume alcoholic beverages during pregnancy. Each alcoholic beverage permittee shall discharge this duty by providing the following warning on an informational sign posted in the restrooms of their facility: WARNING: Drinking alcoholic beverages during pregnancy may cause severe mental and physical birth defects. Does not apply to off-premises only permittees.

Use of Force:
Persons employed by bars, lounges, and nightclubs located within the Vieux Carre may not use any more physical force than necessary to protect themselves or others, including the patrons of the establishment.

 

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