ALCOHOL & TOBACCO SERVER TRAINING WORKBOOK

Transcription

1 ALCOHOL & TOBACCO SERVER TRAINING WORKBOOK REVISED 12/5/2006

2 TABLE OF CONTENTS Page No. I. INTRODUCTION 3 PREEXISTING SERVER TRAINING PROGRAMS 3 II. IDENTIFICATION LAWS 4 LEGAL AGE TO, PURCHASE, PUBLICLY POSSESS, AND CONSUME ALCOHOL. 14: UNLAWFUL SALES TO PERSONS UNDER TWENTY-ONE. 14: PURCHASE AND PUBLIC POSSESSION OF ALCOHOLIC BEVERAGES. 14: UNLAWFUL PURCHASE OF ALCOHOLIC BEVERAGES BY PERSONS ON BEHALF OF PERSONS UNDER TWENTY-ONE. 14: RESPONSIBILITIES OF RETAIL DEALERS NOT RELIEVED. 14: LEGAL AGE TO ENTER THE LICENSED PREMISE 5 LEGAL FORMS OF IDENTIFICATION IN LOUISIANA 6 FALSE IDENTIFICATION AND USEFUL TIPS TO DETECT FALSE I.D.s 7 III. ACTS PROHIBITED ON LICENSED PREMISES 8 PENALTIES - AGAINST LICENSED PREMISES 9 IV. EFFECTS OF ALCOHOL 10 ALCOHOL AND PATHWAYS OF ALCOHOL 10 ALCOHOL LEAVING THE BODY AND PHYSIOLOGICAL EFFECTS OF ALCOHOL 10 B.A.C. BLOOD ALCOHOL CONCENTRATION 12 DRIVING UNDER THE INFLUENCE 13 OPERATING A VEHICLE WHILE INTOXICATED 13 PENALTIES OPERATING A VEHICLE WHILE INTOXICATED 14 CHILD ENDANGERMENT LAW 18 VEHICLE INTERLOCKING DEVICES 18 UNDERAGE DRIVING UNDER THE INFLUENCE 19 1

3 PENALTIES UNDERAGE DRIVING WHILE UNDER THE INFLUENCE 19 EFFECTS ALCOHOL HAS ON DRIVERS 20 DRINKING AND OTHER DRUGS 20 INTOXICATION PREVENTION AND INTERVENTION 21 V. STATE/FEDERAL TOBACCO LAWS 22 PENALTIES 24 VENDING MACHINES 24 SIGNAGE REQUIREMENTS 25 PROHIBITITED ACTS 25 VI. LOTTERY 27 RESPONSIBLE VENDOR INFORMATION 27 PROOF OF AGE-IDENTIFICATION REQUIRED 27 VII. LOCAL SUPPLEMENT 28 LEGAL HOURS OF OPERATION AND SUNDAY SALES 28 NOISE, LITTER AND ZONING 29 LITTER 29 ZONING 29 LEAVING PREMISES WITH ALCOHOL 33 LOCAL SERVER LICENSING REQUIREMENTS 34 OTHER RELEVANT REGULATIONS 35 2

4 I. INTRODUCTION The Louisiana Responsible Vendor Program was created by the Louisiana Legislature in Any employees of a vendor who is authorized to sell or serve beverage alcohol in the normal course of his or her employment or deals with customers who purchase beverage alcohol must attend approved server training classes and receive a server permit. Effective January 1, 2000, all vendors must participate in the program. Act 1054 of the 1997 Regular Session of the Louisiana Legislature enacted R.S. 26:931 et seq., to establish the Responsible Vendor Program to educate vendors, their employees and customers about selling and consuming alcoholic beverages in a responsible manner. Whenever a server is employed in the service of alcohol, their permit and one legal form of picture identification shall be available on the premises for inspection by agents of the Alcohol and Tobacco Control or other peace officers. Every server permit shall expire on the last day of the month, FOUR years after the month that the server successfully completed the alcohol server education course. Every FOUR years servers must attend training classes and successfully pass an alcohol server s education course and examination given by an approved provider to be issued a new permit. Lost permits will be canceled and a replacement will be issued by the Office of Alcohol and Tobacco Control after the server submits an affidavit of lost permit and a $5 fee. The objectives of the Responsible Vendor Program is to educate the vendors, servers, and customers about responsible sales, service and consumption of alcohol and tobacco and the prevention of the misuse, illegal use and abuse of alcohol. PREEXISTING SERVER TRAINING PROGRAMS Any vendor or server subject to a local ordinance requiring participation by the vendor or its employees in a server training or licensing program shall be exempt from local server training and licensing regulation if the vendor is certified as a responsible vendor under the provisions of the state. Nothing shall be construed to apply to any local seller or server licensing requirements in effect on June 1,

5 II. IDENTIFICATION LAWS LEGAL AGE TO SELL TO, PURCHASE, PUBLICLY POSSESS AND CONSUME ALCOHOL, 14:93.10 Purchase This means the acquisition by the payment of money or other consideration. Purchase does not include the acquisition for medical purposes either when purchased as over the counter medication or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital or medical institution. Possess or Consume It is illegal for anyone under the age of 21 to possess or consume alcohol. This means the possession of any alcoholic beverage for any reason, including consumption, on any street or highway or in any public place or any place open to the public, including a club, which is open to the public. Public Possession does not include the following: The possession or consumption of any alcoholic beverage: 1) For an established religious purpose, 2) When a person under twenty-one years of age is accompanied by a parent, spouse, or legal guardian 21 or older. 3) For medical purposes when purchased as an over the counter medication, or when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital or medical institution. 4) In a private residence, or 5) The sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful ownership of an establishment or to lawful employment of a person under twenty-one years of age by a licensed manufacture, wholesaler or retailer of beverage alcohol. Alcoholic beverage means beer, distilled spirits, and wine containing one-half of one percent or more of alcohol by volume. Beer includes but is not limited to ale, lager, porter, stout, sake, and other similar fermented beverages brewed or produced from malt wholly or in part or from any substitute. Distilled spirits include alcohol, ethanol, spirits or wine in any form, including all dilutions and mixture from whatever process produced. UNLAWFUL SALES TO PERSONS UNDER TWENTY-ONE. 14:93.11 Unlawful sales to persons under twenty-one is the selling or otherwise delivering for value of any alcoholic beverage to any person under twenty-one years of age unless such person is the lawful owner or lawful employee of an establishment to which the sale is being made and is accepting such delivery pursuant to such ownership or employment. Lack of knowledge of the person s age will not be a defense. Whoever violates this law will be fined not more than one hundred dollars or imprisoned for not more than six months or both. 4

6 PURCHASE AND PUBLIC POSSESSION OF ALCOHOLIC BEVERAGES. 12:93.12 It is unlawful for any person under twenty-one years of age to purchase or have public possession of any alcoholic beverage. Whoever violates this law will be fined not more than one hundred dollars or imprisoned for not more than six months or both and may result in suspended Driver s License for 180 days. Any person apprehended while violating this law will be issued a citation by the apprehending law enforcement office, which will be paid in the same manner as provided for the offenders of local traffic violations. UNLAWFUL PURCHASE OF ALCOHOLIC BEVERAGES BY PERSONS ON BEHALF OF PERSONS UNDER TWENTY-ONE. 14:93.13 It is unlawful for any person, other than a parent, spouse or guardian to purchase on behalf of a person under twenty-one years of age any alcoholic beverage. Whoever violates this law will be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both. RESPONSIBILITIES OF RETAIL DEALERS NOT RELIEVED. 14:93.14 Nothing in 14:93.10 through 14:93.13 will be construed as relieving any licensed retail dealer in alcoholic beverages any responsibilities imposed under the provisions of Title 26 of the Louisiana Revised Statutes of LEGAL AGE TO ENTER THE LICENSED PREMISE. It is illegal for any retailer to allow anyone under the age of 18 to visit or loiter in or about any place where alcoholic beverages are the principal commodities sold, handled or given away. No one under the age of 18 is allowed to work in a business where the sale of alcohol is the main business. Employers cannot intentionally entice, aid or permit any person under the age of eighteen years to visit or loiter in or about any place where alcoholic beverages or beer are the principal commodities sold, handled or given away. These provisions of this section shall in no way prohibit the presence of any person under the age of eighteen years on or about a licensed premises for any function sponsored by a religious or charitable organization with tax exempt status under section 501 (3) of the Internal Revenue Code of the United States, or by a fraternal beneficiary society with tax exempt status under 501 (8) of 5

7 said code and no alcoholic beverages are sold, handled, given away or accessible during the presence of any such person. Employers cannot employ anyone under the age of eighteen years of age to work in any capacity unless that person is a musician performing in a band on the premises under written contract for a specified period of time by the permittee and the musician is under direct supervision of his parent or legal guardian. Employers cannot employ anyone under the age of eighteen in any capacity in an establishment where the sale of alcoholic beverages constitutes its main business unless the minor is a musician performing in a band on the premises under written contract with the employer for a specified time period and is under the direct supervision of his parent or guardian during such time. If the sale of alcoholic beverages does not constitute the main business of the establishment, anyone under the age of eighteen may be employed as long as the minor s employment does not involve the sale, mixing, dispensing or serving of alcoholic beverages for consumption on the premises. If alcohol is not the principal commodity sold, all ages can enter the business. Persons under the age of 18 can work and even sell packaged alcohol where immediate supervision is provided. LEGAL FORMS OF IDENTIFICATION IN LOUISIANA Under Louisiana State Law, only the following five forms of identification constitutes legal proof of age : 1) A valid, current Louisiana driver s license which contains a photograph of the person presenting the driver s license. 2) A valid, current driver s license of another state, (U.S. only), which contains a photograph of the person and birth date of the person submitting the driver s license. 3) A valid, current special identification card issued by the state of Louisiana containing a photograph of the person submitting the identification card. 4) A valid and current passport or visa issued by the federal government or another country or nation that contains a permanently attached photograph of the person and the date of birth of the person submitting the passport or visa. 5) A valid and current military or federal identification card issued by the federal government containing a photograph of the person and date of birth of the person submitting the identification card. 6

8 Important notes: 1) Remember sales for alcohol is 21 and tobacco is 18, 2) If the identification is a DUPLICATE DRIVER S LICENSE, NO additional identification is required. If any other lawful ID is a DUPLICATE, state law requires that a second form of legal identification be requested that contain the name, date of birth and photograph of the person. 3) School I.D.s, check cashing cards and employee I.D.s are NOT legal forms of identification. They are also NOT valid as a secondary for of ID. 4) Any person under the age of 21 who presents or offers to serve or vendor evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of obtaining or purchasing alcoholic beverages constitutes its main business shall be in violation of state law and subject to the following: Penalties: for a person under 21 using fake identification: 1. Fined not more than $ An appropriate amount of community service not to exceed 30 hours. 3. Suspension of the violators driver s license for 90 days. FALSE IDENTIFICATION AND USEFUL TIPS TO DETECT FALSE I.D.s It s not always easy to tell if someone is legally old enough to purchase alcoholic beverages. That s why it is important to always ask for an I.D. and check it carefully. These guidelines can help you verify the authenticity of a driver s license. 1) The card s expiration date. Do not accept the license if the date is expired. 2) The word duplicate on the front of the card. Someone else may have the original card. 3) Glue lines or bumpy surfaces by the picture or birth date. Uneven surfaces often indicate tampering. 4) Consistency of numbers. The typeset for the birth date should match the lettering used on the rest of the license. Also look for tiny pieces of paper with modified dates placed over the original numbers. 5) The state logo. A state logo that is partially missing or appears altered is another clue to a fake card. 6) Pin holes on the surfaces. Bleach may have been inserted to white out certain aspects of a date. 7) The card s reverse-side lettering. While the front may appear flawless, often counterfeiters merely photocopy the reverse side. Look for blurred lettering. 8) Size, color, lettering, thickness and corners. Compare the questionable I.D. against a standard your own valid driver s license. 9) Someone else s card. Make sure the photo, height and weight on the card match the person in front of you. 7

9 10) If it is an out-of-state license, or for any reason looks unfamiliar to you, use an I.D. checking guide. This is especially important in college and tourist communities. 11) Check restrictions on License (e.g., Minor ) 12) If the person is wearing drop letters or a ring with initials, check those initials against the name on the identiifcation. 13) Hold the I.D. in your hand-don t check while in the customer s purse or wallet. If you spot any of these problems ask for a second piece of identification. People with fake I.D.s rarely carry back-up identification. Quiz the cardholder about basic information on the card, such as birth date, middle initial, zip code, etc. If you are not absolutely convinced that the card is authentic, do not serve the customer. Penalties for an underage person using a fake I.D.: 1) Up to $200 fine, 2) Up to 30 hours of community service ; and/or 3) Suspended driver s license for 90 days. III. ACTS PROHIBITED ON LICENSED PREMISES No person holding a retail dealer s permit and no agent, associate, employee, representative or servant of any such person shall do or permit any of the following acts to be done on or about the licensed premises: 1) Sell or serve alcoholic beverages to any person under the age of twentyone years. 2) Sell or serve alcoholic beverages to any intoxicated person. 3) Invite or permit any person under the age of eighteen years to visit or loiter in or about any place where alcoholic beverages are the principal commodities sold or handled. 4) Permit any prostitute to frequent the licensed premises, or to solicit patrons for prostitution on the licensed premises. 5) Permit any disturbance of the peace or obscenity, or any lewd, immoral or improper entertainment, conduct or practices. 6) Sell, offer for sale, possess or permit the consumption on or about the licensed premises of any kind or type of alcoholic beverage, the sale or possession of which is not authorized under his permit. 7) Employ or permit females, commonly known as B Girls, to frequent the premises and solicit patrons for drinks or to accept drinks from 8

10 patrons and receive therefore any commission or any remuneration in any other way. 8) Employ anyone under the age of eighteen who would be directly involved in the sale of alcoholic beverages for consumption on the premises, or employ anyone under the age of eighteen in a 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 does not constitute the main business and alcoholic beverages are not sold for consumption on the premises, an employee under the age of eighteen years may be permitted to participate in the sale of packaged alcoholic beverages to collect the price and taxes and issue receipts therefore, and/or may be permitted to bag packaged alcoholic beverages, where immediate supervision is provided. 9) Permit the playing of pool or billiards by any person under eighteen years of age, or permit such a person to visit or frequent the licensed premises operating a pool or billiard hall, except in a structure where the position of the pool or billiards playing area is separate and distinct from the area where alcoholic beverages are dispensed to patrons. 10) Intentionally conduct illegal gambling, as defined by law, on the premises described in the application for the permit. 11) Fail to keep the premises clean and sanitary. 12) Illegally sell, offer for sale, possess or permit the consumption of any kind or type narcotics or habit-forming drugs. 13) Accept food stamps as payment for alcoholic beverages. 14) Sell or serve any alcoholic beverage at a price fixed an all you can drink basis after the hour of 10:00 p.m. 15) Allow any person to consume any alcoholic beverage on the licensed premises or on any parking lot or open or closed space within or contiguous to the licensed premises without a permit authorizing that activity. For Class B permit holders, it is illegal to allow the consumption of beverage alcohol on or about the licensed premises. 16) Failure to pay any sales taxes to the state, parish or municipal government. 17) Substitute one brand of alcoholic beverage for a brand that has been specifically requested by the customer. 18) Selling beverages of low alcoholic content through an automatic mechanical vending machine. PENALTIES AGAINST LICENSED PREMISES: 1) The first offense, not less than $50 but not more than $500. 2) The second offense, which occurs within three years of first offense, not less than $250 but not more than $ ) The third offense, which occurs within three years of the first offense, not less than $500 but not more than $2,500. 9

11 IV. EFFECTS OF ALCOHOL ALCOHOL AND PATHWAYS OF ALCOHOL The consumption of beverage alcohol causes few problems for nine out of ten people. If people who are normal drinkers use alcohol moderately and with respect, it has the potential to be a pleasurable part of socializing, sharing good food and friendship and celebrating special occasions. In fact, moderately consumption can be healthy. Yeast cells acting upon carbohydrates in fruit and grains produce alcohol. It mixes quickly and easily with water and is also referred to chemically as ethanol or ethyl alcohol, which is the agent in all beverage alcohol. Alcohol is a drug a depressant, not a stimulant. PROOF is approximately double the percentage of pure alcohol one degree equals 0.5% alcohol. 1) BEER fermented from grains; 3-6% alcohol, 2) WINE fermented from fruits; 12 14% alcohol ordinarily; 18 20% for dessert or fortified wines, 3) DISTILLED SPIRITS made from boiled-off alcohol and contains 40 90% alcohol (expressed as proofage). Alcohol is entered through the mouth/throat area and travels through different parts of the body. We will take you through each part, show you the effects, and show you the absorption rates. 1) Mouth/Throat About 2 to 4% is absorbed through the membranes of the mouth. This is not significant. 2) Stomach Alcohol passes quickly through the stomach, though food can slow it down for a short time. About 20 to 25% is absorbed through the stomach. Absorption takes place slowly, even though it requires no digestion. 3) Intestines Goes through the wall of the small intestine almost immediately. It s not food so it s not digested. About 75 to 80% is absorbed through the small intestines. 4) Blood Stream Alcohol travels in the blood to all parts of the body. It keeps on circulating through the body until it is broken down and eliminated. 5) Brain Alcohol reaches into and depresses certain areas of the brain. Added drinks reach deeper knocking out control centers one by one. The brain is most influenced by alcohol in the blood. Alcohol in the blood reaches the brain within minutes after it is consumed. The sequence is as follows: a. Judgement, Inhibitions b. Reaction time, Coordination c. Vision, Speech, Balance 10

12 d. Walking, Standing e. Consciousness f. Breathing, Heartbeat g. Life 6) Liver Alcohol is mixed with blood from the hepatic artery; some metabolized in the bloodstream each time it passes through, but the part that remains in the blood continues to affect other organs as the blood circulates through the body. The liver works on alcohol first and just accumulates the fat in foods until it has eliminated the alcohol. This may lead to a fatty liver condition, alcoholic hepatitis and eventually cirrhosis (scarring of liver tissue). About 90% is broken down here at a rate of about ½ ounce every hour. 7) Heart The right side of the heart is affected first, then the left side, as the blood circulates the alcohol through the body. 8) Lungs, Kidneys & Skin Respiration can be affected as the blood circulates through them. About 5 to 8% is eliminated here. A small amount is excreted in urine, breath and sweat. ALCOHOL LEAVING THE BODY AND PHYSIOLOGICAL EFFECTS OF ALCOHOL The liver eliminates ninety percent of alcohol. The kidneys, lungs and skin eliminate about 5 to 8%. About 2to 5% is excreted in urine, breath and sweat. It takes about one hour to eliminate one drink. Time is the only real factor that reduces intoxication. Not cold showers, coffee, exercise, etc. Alcohol affects in different ways, and its effects can even differ for the same person at different times. Alcohol is a depressant-not a stimulant. It actually depresses the inhibitory cells of the brain, leaving the excitatory cells to take control for a while. It depresses the central nervous system, slowing the activity of the brain and spinal cord. Alcohol dissolves the fat of nerve cells, increasing the liquids in those cells, making them temporarily inactive while putting some of the brain cells out of commission. The brain is most dramatically effected by alcohol. Below are the stages of impact on the different parts of the brain: 1) Cortex The cortex of the brain is responsible for a person s inhibitions, thinking, reasoning and decision making. 2) Cerebellum the cerebellum is responsible for posture, motor control and coordination. 3) Limbic System The limbic system is responsible for emotions, which are influenced and changed when alcohol is consumed. 4) Brain Stem The lower part of the brain, which is responsible for all of a person s autonomic functions such as heartbeat and respiration. 11

13 B. A. C. BLOOD ALCOHOL CONCENTRATION BAC or Blood Alcohol Concentration is a measurement of the level of alcohol in the bloodstream. The BAC is measured in milligrams of alcohol per 100 milliliters of blood or milligrams percent. For instance, a BAC of.10% means a concentration of one drop of alcohol to 1,000 drops of blood. BAC levels may be determined by taking a blood sample to measure the alcohol concentration. A second and more common method is to measure the concentration of alcohol in expired air (breath), using a Breathalyzer device. Approximately 2% of alcohol ingested is excreted directly in the breath. Because this rate is so constant, the amount of alcohol in the bloodstream can be approximated by measuring the amount of alcohol present in a sample of expired air from the lungs. BAC level can only be approximated because of the many factors that affect the rate at which alcohol is absorbed into the bloodstream and then metabolized in the body. The following are the factors which affect this: 1) Body Weight & Size The bigger the person, the slower alcohol is absorbed. 2) Food Food will slow down the absorption rate by keeping the pyloric valve closed. Some foods are better than others. Fatty foods such as nuts, chicken wings, onion rings, french fries, olives and cheese are harder to digest and cause the stomach to work harder and longer before the pyloric valve will open. Other foods such as those with a high amount of carbohydrates like pasta tend to dump into the small intestine, which may actually speed up the absorption rate of alcohol. Also most to a meal consumed 2 to 3 hours before drinking will be digested causing the pyloric valve to be open. 3) Type of Drink The higher the alcoholic content, the more quickly the BAC rises. Beer and wine contain ingredients that slow the absorption rate. Very high alcoholic content drinks can cause the pyloric valve to close, holding the alcohol in the stomach this is a safety mechanism. 4) Gender Women biologically have a larger proportion of fat than men do. Therefore, women will tend to get a higher BAC than men even if they consume the same number of drinks. 5) Rate of Consumption The more slowly alcohol is consumed, the less effect it has because the body is working steadily to remove it. 6) Rate of Metabolism and Elimination Fatty tissues do not absorb alcohol. The more muscular a person is, the more alcohol it will take to increase BAC. 7) Tolerance, Experience Experienced drinkers develop a tolerance for alcohol. As a result, it takes longer to feel the effects of alcohol. 8) Fitness of the Consumer Persons with large amounts of body fat will have higher BAC levels than lean individuals and the elderly or chronically ill may have more trouble metabolizing and thus eliminating 12

14 the alcohol. You can t drink as much as you get older because the body can t handle it and it generally takes less alcohol to get the same effect (the opposite of tolerance). Also, the effect of medications can be detrimental in this metabolizing process. 9) Anxiety When a person is anxious about something, the stomach produces a substance (mucus coating) which slows down or stops digestion and absorption. If the person relaxes, the substance disappears and a large amount of alcohol will be dumped into the small intestine and the person will seem to become instantly drunk. 10) Carbonation Carbonation tends to open the pyloric valve from the stomach to the small intestine, and speed up the alcohol absorption. (Champagne, sparkling or drinks mixed with soda). The following are stages of intoxication related to BAC levels: (Expected BAC s for a 150 pound healthy male on an empty stomach after one hour and some effects):.05 BAC 2 drinks louder, more outgoing.10 BAC 4 drinks judgement affected.20 BAC 8 drinks appears drunk Beyond this could result in much ore severe medical problems including coma or death. DRIVING UNDER THE INFLUENCE Beverage alcohol consumption in sufficient quantities impairs many perceptual, cognitive and motor skills needed to operate motor vehicles. We will cover this in two sections, operating a vehicle while intoxicated and underage driving under the influence. OPERATING A VEHICLE WHILE INTOXICTED La R. S. 14:98 The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel or other means of conveyance when: (a) The operator is under the influence of alcoholic beverages; or EFFECTIVE UNTIL SEPTEMBER 30, 2003 (b) The operator s blood alcohol concentration is 0.10 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood; or 13

15 EFFECTIVE SEPTEMBER 30, 2003 (b) The operator s blood alcohol concentration is 0.08 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood; or (c) The operator is under the influence of any controlled dangerous substance listed in Schedule I, II, III, IV or V as set forth in R.S. 40:964; or (d) The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the label on the container of the prescription drug or the manufacturer s package of the drug contains a warning against combining the medication with alcohol. (e) The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the influence is cause by the operator knowingly consuming quantities of the drug or drugs which substantially. exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug. PENALTIES OPERATING A VEHICLE WHILE INTOXICATED First Offence 1. Fined not less than $300 nor more than $1,000 and shall be imprisoned for not more less than 10 nor more than six months. Sentence shall not be suspended unless: a. The offender is placed on probation with a minimum condition that he serve two days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program; or b. The offender is placed on probation with a minimum condition that he perform four eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program, participate in a courtapproved substance abuse program and participate in a courtapproved driver improvement program. 14

16 2. If the offender had a blood alcohol concentration o 0.15 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, at least forty-eight hours of the sentence imposed shall be served without the benefit of parole, probation or suspension of sentence. 3. Administrative penalties related to the offender s driver s license (La R.S. 32:667). Second Offense 1. Fined not less than $700 nor more than $1,000 and shall be imprisoned for not less than 30 days nor more than six months. At least forty-eight hours of the sentence imposed shall be served without benefit of parole, probation or suspension of sentence. The court may sentence a defendant to home incarceration if otherwise allowed under the provisions of Article of the Code of Criminal Procedure. Sentence shall not be suspended unless: a. The offender is placed on probation with a minimum condition that he serve 15 days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program; or b. The offender is placed on probation with a minimum condition that he perform thirty eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program, participate in a courtapproved substance abuse program, and participate in a courtapproved driver improvement program. 2. If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, at least ninety-six hours of the sentence imposed shall be served without the benefit of parole, probation or suspension of sentence. 3. On a conviction of a second offense, when the first offense was for the crime of vehicular homicide or first degree vehicular negligence injuring the offender, shall be imprisoned with or without hard labor for not less than one year nor more than five years and shall be fined two thousand dollars. At least six months of the sentence of imprisonment imposed shall be without benefit of probation, parole or suspension of sentence. 15

17 Third Offense 1. Imprisoned with or without hard labor for not less than one year nor more than five years, and shall be fined $2,000. Thirty years of the sentence of imprisonment shall be imposed without benefit of probation, parole or suspension of sentence. The remainder of the sentence of imprisonment shall be suspended and the offender shall be required to undergo an evaluation to determine the nature and extent of the offender s substance abuse disorder. 2. The treatment professional performing the evaluation shall recommend appropriate treatment modalities which shall include substance abuse treatment at an inpatient facility for a period of not less than four weeks nor more than six weeks. 3. The offender may be sentenced to additional outpatient substance abuse treatment services to meet the offenders need if determined to be necessary by the offender s treating physician, for a period not to exceed twelve months. 4. Upon successful completion of the inpatient substance abuse treatment the offender shall be sentenced to home incarceration for not less than the period of time remaining on the offender s suspended sentence. 5. If the offender fails to complete the substance abuse treatment or violates any condition of home incarceration he shall be imprisoned for the original term of his suspended sentence with no credit for time served under home incarceration. 6. The court shall order that the vehicle being driven by the offender at the time of the offense shall be seized and impounded and sold at auction (with some exceptions). 7. An offender sentenced to home incarceration shall be subject to any of the conditions of probation. The court shall specify the conditions of home incarceration which shall include but shall not be limited to the following: a. electronic monitoring, b. curfew restrictions, c. home visitation at least once per month by the Department of Public Safety and Corrections. 16

18 8. The offender shall obtain employment and participate in a courtapproved driver improvement program at his expense. The activities of the offender outside of his shall be limited to traveling to and from work, church services, Alcoholics Anonymous meetings or a court-approved driver improvement program. Fourth or Subsequent Offense 1. Imprisoned at hard labor for not less than 10 nor more than 30 years and shall be fined $5,000. Sixty days of the sentence of imprisonment shall be imposed without benefit of probation, parole or suspension of sentence. The remainder of the sentence of imprisonment shall be suspended and the offender shall be required to undergo an evaluation to determine the nature and extent of the offender s substance abuse disorder. 2. The treatment professional performing the evaluation shall recommend appropriate treatment modalities which shall include substance abuse treatment at an inpatient facility for a period of not less than four weeks nor more than six weeks. 3. Upon successful completion of the inpatient substance abuse treatment the offender shall be sentenced to home incarceration for not less than one nor more than five years and shall be fined five thousand dollars. 4. If the offender fails to complete the substance abuse treatment he shall be imprisoned for the original term of his suspended sentence with no credit for time served under home incarceration. 5. The court shall order that the vehicle being driven by the offender at the time of the offense be seized, impounded and sold at auction (with some exceptions. 6. An offender sentenced to home incarceration shall be supervised and shall be subject to any of the conditions of probation. The court shall specify the conditions of home incarceration which shall include but shall not be limited to the following: a. electronic monitoring, b. curfew restrictions c. home visitation at least once per month by the Department of Public Safety and Corrections. 7. The offender shall obtain employment and participate in a courtapproved driver improvement program at his expense. The activities of 17

19 the offender outside of his home shall be limited to traveling to and from work, church services, Alcoholics Anonymous meetings or a courtapproved driver improvement program. 8. If the offender has previously been required to participate in substance abuse treatment and home incarceration, the offender shall not be sentenced to substance abuse treatment and home incarceration for a fourth or subsequent offense, but shall be imprisoned at hard labor for not less than ten nor more than thirty years and at least three years of the sentence shall be imposed without benefit of suspension of sentence, probation or parole. 9. If the offender has previously received the benefit of suspension of sentence, probation or parole as a fourth offender, no part of the sentence may be imposed with benefit of suspension of sentence, probation or parole and no portion of the sentence shall be imposed concurrently with the remaining balance of any sentence to be served for a prior conviction for any offense. CHILD ENDANGERMENT LAW When the state proves in addition to the elements of the crime that a minor child twelve years of age or younger was a passenger in the vehicle, aircraft, watercraft, vessel or other means of motorized conveyance at the time of the commission of the offense, of the sentence imposed by the court, the execution of the minimum mandatory sentence shall not be suspended. If imprisonment is imposed (for 3 rd offense) the execution of the minimum mandatory sentence shall not be suspended. If imprisonment is imposed (for 4 th offense) at least two years of the sentence shall be imposed without benefit of suspension of sentence. VEHICLE INTERLOCKING DEVICES 1. Upon conviction of a second offense, any vehicle, while being operated by the offender, shall be equipped with a functioning ignition interlock device. This requirement shall remain in effect for a period of not less than six months. In addition, the device shall remain installed and operative during any period that the offender s operator s license is suspended under law and for any additional period as determined by the court. 2. Upon conviction of a third or subsequent offense, any vehicle, while being operated by the offender, shall be equipped with a functioning ignition interlock device. The ignition interlock device shall remain installed and 18

20 operative until the offender has completed the requirements of substance abuse treatment and home incarceration. UNDERAGE DRIVING UNDER THE INFLUENCE La. R.S. 14: What constitutes Driving While Intoxicated for persons under 21? The crime or underage operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel or other means of conveyance when the operator s blood alcohol concentration is 0.02 percent or more by weight if the operator is under the age of twenty-one, based on grams of alcohol per one hundred cubic centimeters of blood. Any underage person whose blood alcohol concentration is found to be.10 percent or greater, they must be charged under the provisions of La R.S. 14: PENALTIES UNDERAGE DRIVING WHILE UNDER THE INFLUENCE First Offense On a first conviction, the offender shall be fined not less than $100 nor more than $250, and participate in a court-approved substance abuse and driver improvement program. Second and Subsequent Offense The offender shall be fined not less than $150 nor more than $500 and imprisoned for not less than 10 days nor more than three months. Imposition or execution of sentence shall not be suspended unless: a. The offender is placed on probation with a minimum condition that he serve forty-eight hours in jail and participate in a court-approved substance abuse and driver improvement program; or b. The offender is placed on probation with a minimum condition that he perform ten eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program and participate in a court-approved substance and driver improvement program. If the offender has previously been required to participate in either or both of such programs pursuant to Subsection D of this Section (as a 3 rd offender), at least three years of the sentence shall be imposed without benefit of suspension of sentence, probation or parole. 19

21 If the offender has previously received the benefit of suspension of sentence, probation or parole as a fourth offender, no part of the sentence may be imposed with benefit of suspension of sentence, probation or parole. 1. Vehicle seizure and sale (with some exceptions). 2. Administration penalties related to the offender s driver s license (La R.S. 32:667). EFFECTS ALCOHOL HAS ON DRIVERS. - It reduces the ability to judge speeds, distances and angles. - Alcohol encourages the driver to take foolish risks and break laws. - Alcohol slows the reaction time in stopping and turning. - Alcohol limits vision. The eyes become blurred and you can t focus. - It causes sleepiness. - Alcohol increases anger toward other drivers. DRINKNG AND OTHER DRUGS. Mixing alcohol with other drugs can produce dangerous side effects. It is especially dangerous to drive under the influence of alcohol and other drugs because of the increased impairment due to both. Mixing alcohol with other depressants dangerously increases the depressant effect on the body. Stimulants do not cancel the intoxication and impairment due to alcohol alone, many prescription and nonprescription drugs impair the ability to drive a motor vehicle. The following drugs are most often used in combination with alcohol: - marijuana - minor tranquilizers - heroin - amphetamines - barbiturates The following drugs are seldom used in combination with alcohol: - Minor pain remedies (aspirin, including Excedrin and Anacin; Tylenol). These drugs can result in gastric hemorrhage and liver damage. - Antihistamines (Benadryl, Dimetapp, Contact). These drugs depress the central nervous system and can result in performance impairment. - Minor tranquilizers (Valium, Labrum, Dalmane). These drugs can also result in performance impairment. - Antidepressants - Antibiotics (penicillin, mycin drugs). 20

22 The following are commonly abused prescription drugs): - Hallucinogens (LSD, PCP, mescaline) Hallucinogens drugs affect the central nervous system and produce illusions, distortions or elaboration of an existing reality. The physical effects include nausea, anxiety and paranoia, shivering and facial numbness. Emotional reactions change rapidly from panic to elation. - Marijuana (cannabis) Motor skills, attention factors and reaction times related to driving are impaired. The physiological effects of marijuana, such as increased heart rate and bloodshot eyes are more defined. The following are new development drugs or date rape drugs. - GHB (gamma-hydroxy butyrate, liquid ecstasy, Gib, Natural Sleep 500, Georgia Home Boy) This drug is usually found as a colorless liquid and was originally intended for use as an anesthetic. The Food and Drug Administration have since removed this drug from the market. Life threatening and acute effects are increased by alcohol and other drugs. - Rohypnol (flunitrazepam, a benzodiazepine form of barbiturate, roofies, rope, ribs or roaches). This drug was originally marketed outside the country as a sleeping pill and pre-operative sedative. These are the drugs of choice among the younger generation because it includes the feeling of being drunk without vomiting, it doesn t show up in most urine tests and it is inexpensive. These drugs produce amnesia and make some users feel fearless and aggressive. INTOXICATION PREVENTION AND INTERVENTION As vendors we are responsible to limit intoxication levels in people. We must first concern ourselves with the warning signs when someone is impaired and then follow some techniques to limit intoxication. The following are behavioral characteristics which an intoxicated person may display: 1) Their speech is slurred and they get thick-tongued. 2) Their eyes become glassy and they are unable to focus. 3) They avoid eye contact. 4) They have a strong smell of alcohol on their breath. 5) Their facial skin changes color. 6) They stumble when they walk. 7) They use abusive language. 8) They annoy other customers and employees. 9) They make inappropriate sexual advances. 10) The have exaggerated emotional outbursts, like crying or loud laughing. 11) They are unable to respond when questioned. 12) They have a blank expression on their face. 21

23 13) They buy rounds of drinks for strangers. The following are techniques we should use to limit intoxication: 1) We should offer and promote food and snacks. 2) We should suggest non-alcohol beverages in a friendly way and offer them free to designated drivers. 3) We should provide on-site activities that slow down consumption (e.g., karaoke). 4) Avoid drink related games or multiple drink specials. 5) Do not accept multiple drink orders, especially at last call. 6) Get to know your regular customers. 7) We should always remove old, partially consumed drinks when serving new rounds. 8) We should monitor consumption levels and communicate this information to the incoming staff at shift change. 9) We should enlist the help of the sober to keep an eye on those starting to become impaired. We should not allow intoxicated individuals into our establishment. If anyone is intoxicated, the employee should stop serving alcohol to that individual. The employee should introduced himself to that customer. The employee should be firm yet friendly. The employee should always remain calm. He should avoid antagonizing the customer with statements like, You ve had way too much to drink, or I can t serve you, you re drunk. The employee should let the customer know that your job and license would be at risk if you served another drink and that you are doing this for his own safety. Once the situation is under control, we should offer the intoxicated person a taxi or ask a sober friend to drive. If you and the customer cannot agree on this, offer the customer some food but do not let them drive. If you feel the customer that has entered your establishment is underage, check his I.D. Because of State law, anyone remotely looking around the age of 21, their I.D. s should be checked. V. STATE/FEDERAL TOBACCO LAWS State and federal laws and regulations related to the lawful age to purchase tobacco products and age verification requirements Unlawful distribution of sample tobacco products to persons under age eighteen (La F.S. 14:91.6) A. No person shall distribute or cause to be distributed to persons under eighteen years of age a promotional sample of any tobacco product. B. For purposes of this Section, the following definitions apply: 22

24 1. Tobacco product means any cigar, cigarette, smokeless tobacco or smoking tobacco. 2. Cigar means any roll of tobacco for smoking, irrespective of size or shape and irrespective of the tobacco being flavored or mixed with any other ingredients, where such roll has a wrapper made chiefly of tobacco. 3. Cigarette means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored or mixed with any other ingredient, where such roll has a wrapper or cover made of paper, or any other ingredient, where such roll has a wrapper or cover made of paper, or any other material, except where such wrapper is wholly or in greater part made of tobacco. 4. Smokeless tobacco means any finely cut, ground, powdered or leaf tobacco that is intended to be placed in the oral cavity. 5. Smoking tobacco means granulated, plug cut, crimp cut, ready rubber and any other king and form of tobacco prepared in such a manner as to be suitable for smoking in a pipe or cigarette. Penalties: Whoever violates a provision of this Section shall be fined not less than one hundred dollars nor more than five hundred dollars upon conviction. Unlawful sale, purchase, or possession of tobacco; signs required; penalties (La R.S. 14:91.8) - It is unlawful for any manufacturer, distributor, retailer or other person knowingly to sell or distribute any tobacco product to a person under the age of eighteen. However, it shall not be unlawful for the person under the age of eighteen to accept receipt of a tobacco product from an employer when required in the performance of such person s duties. - At the point of purchase, a sign in type not less than 30-point type shall be displayed that reads LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO TO A PERSON UNDER AGE It is unlawful for any person under the age of eighteen to buy any tobacco product. - It is unlawful for any person under the age of eighteen to possess any tobacco product. However, it shall not be unlawful for a person under the age of eighteen to possess a tobacco product under any of the following circumstances: 1. When a person under eighteen years of age is accompanied by a parent, spouse, or legal guardian twenty-one years of age or older. 23

25 PENALTIES 2. In a private residences. 3. When tobacco product is handled during the course and scope of his employment and required in the performance of such person s duties. 1. Selling or Buying A person who violates the provisions of this Section by selling or buying tobacco products shall be fined not more than fifty dollars for the first violation. The penalties for subsequent violations shall be a fine of not more than one hundred dollars for the second violation, a fine of not more than two hundred fifty dollars for the third violation, and a fine of not more than four hundred dollars for any violation thereafter. 2. Possessing tobacco products (under 18) A person who violates the provisions of this Section by possessing tobacco products shall be fined not more than fifty dollars for each violation. 3. Signage requirements (at point of purchase) A violation of the signage requirements (at point of purchase) shall be deemed to be a violation by the owner of the establishment where the violation occurred. For the first such violation, the owner shall be fined not more than fifty dollars. The penalties for subsequent violations shall be a fine of not more than one hundred dollars for the second violation, a fine of not more than two hundred fifty dollars for the third violation, and a fine of not more than five hundred dollars for any violation thereafter. VENDING MACHINES (Title 16:910) In order to prevent persons under eighteen years of age from purchasing or receiving tobacco products from vending machines, the sale or delivery of tobacco products through a vending machine is prohibited unless either: 1) The machine is located in an establishment to which persons under the age of eighteen are denied access. 2) The machine is located in facilities where the dealer ensures that no person younger than eighteen years of age is present or permitted to enter at any time and the machine is located within the unobstructed line of sight of a dealer or a dealer s agent or employee who is responsible for preventing 24

26 persons younger than eighteen years of age from purchasing tobacco products through that machine. SIGNAGE REQUIREMENTS (La R.S. 14;91.8) It is unlawful for a vending machine operator to place in use a vending machine to vend any tobacco product automatically, unless the machine displays a sign or sticker in not less than 22-point type on the front of the machine stating, LOUISIANA LAW PROHIBITS THE SALE OF TOACCO TO PERSONS UNDER AGE 18, or words of similar meaning. Penalty: - A violation of the signage requirement (for vending machines) shall be deemed to be a violation by the owner of the vending machine. - For the first such violation, the owner shall be fined not more than fifty dollars. The penalties for subsequent violations shall be a fine of not more than one hundred dollars for the second violation, a fine of not more than two hundred fifty dollars for the third violation, and a fine of not more than five hundred dollars for any violation thereafter. PROHIBITED ACTS (Title 26:911). No person, agent, associate, employee, representative or servant of any person shall permit any of the following acts to be done on or about any premises which sells or offers for sale tobacco products: - Sell or serve tobacco products over-the-counter in a retail establishment to any person under the age of eighteen unless such person submits a driver s license, selective service card or other lawful identification which, on it face establishes the age of the person as eighteen years or older and there is no reason to doubt the authenticity or correctness of the identification. - Violate the terms and provisions of R.S. 14:91.6 relative to the unlawful distribution of tobacco products. - Violate the terms and provisions of the prevention of Youth Access to Tobacco Law under R.S. 14: No wholesale dealer shall sell to a retail dealer and no retail dealer shall sell to the public single cigarettes. - No individual package of cigarettes shall be sold or distributed in individual packages containing fewer than twenty cigarettes. 25

27 - No smoking tobacco intended for use as roll-your-own smoking tobacco for cigarettes shall be sold or distributed in individual packages containing less than six-tenths of one ounce of smoking tobacco. - No cigarette or smokeless tobacco product shall be sold to the public except in an unopened package originating with the manufacturer, bearing the health warning required by federal law, and evidencing that the applicable tax under Chapter 8 of Subtitle II of Title 47 of the Louisiana Revised Statues of 1950 has been paid. - No retail dealer shall purchase tobacco products for resale except from a wholesale dealer. - No wholesale dealer shall sell tobacco products for resale except to a retail dealer. - Any tobacconist at a particular retail outlet may purchase products for such retail outlet from any manufacturer, wholesale dealer or other supplier. Tobacconist at a particular outlet means a retail dealer engaged in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale at a particular retail outlet, where fifty percent or more of the total purchases for the preceding twelve months were purchases of tobacco products excluding cigarettes. Penalties (for violation of 26:910 and 26:911) Not withstanding any other provisions of this Chapter to the contrary, the commissioner may, in lieu of or in addition to revocation or suspension of a permit issued under the authority of this Chapter, impose the following schedule of fines to be paid into the state treasury: - For a first offense, not less than fifty dollars but not more than five hundred dollars. - For the second offense, which occurs within two years of the first offense, not less than two hundred fifty dollars but not more than one thousand dollars. - A third offense, which occurs within two years of the first offense, not less than five hundred dollars but not more than two thousand five hundred dollars. 26

28 VI. LOTTERY RESPONSIBLE VENDOR INFORMATION 1) The Louisiana Lottery Corporation Law is established in the Louisiana Revised Statutes Title 47, Sections 9000 through ) Louisiana Revised Statutes 47:9070 provides that it is illegal to sell lottery tickets to persons under the age of twenty-one years. 3) Any person who knowingly sells a lottery ticket to a person under the age of twenty-one years, if convicted, may be fined not less than one hundred dollars or more than five hundred dollars for the first offense and not less than two hundred dollars or more than one thousand dollars for any subsequent offense. 4) It is illegal for any person under the age of twenty-one years to purchase or attempt to purchase a lottery ticket. Violation is punishable by a one hundred dollar fine. 5) Louisiana Revised Statutes 47:9025 provides that a lawfully purchased lottery ticket may be given as a gift to a person of any age. However, it also provides that any prize won by the recipient of the gift ticket, who is under the age of twenty-one years, must be claimed by an adult member of that person s family, who is twenty-one years of age or more. 6) Violation of any portion of the Lottery Law is also an administration violation and can result in the suspension or revocation of a retailer s lottery license. 7) The Louisiana Lottery Corporation Law does not establish a minimum age to sell lottery tickets. However, the Louisiana child labor laws prohibit persons under the age of fourteen from working in a retail establishment. Accordingly, minors under the age of fourteen may not sell lottery tickets. 8) All Louisiana Lottery Corporation advertisement, brochures and tickets bear the message, If you or someone you know has a gambling problem, call A person may call this number and receive information on where to seek help for gambling related problems. PROOF OF AGE-IDENTIFICATION REQUIRED. 1) No lottery retailer and no agent, associate, employee, representative or servant of any such person shall sell a lottery ticket to any person under the age of twenty-one, unless the person submits any one of the following forms of identification which establish the age of the person as twenty-one years or older. a) A valid, current Louisiana driver s license which contains a photograph of the person presenting the driver s license. 27

29 b) A valid, current drivers license of another state which contains a photograph of the person and birth date of the person submitting the driver s license. c) A valid, current special identification card issued by the state of Louisiana pursuant to R.S. 40:1321 containing a photograph of the person submitting the identification card. d) A valid, current passport or visa issued by the federal government or another country or nation that contains a permanently attached photograph of the person and the date of birth of the person submitting the passport or visa. e) A valid, current military or federal identification card issued by the federal government containing a photograph of the person and date of birth of the person submitting the identification card. 2) Each form of identification listed above must on its face establish the age of the person as twenty-one years age or older and there must be no reason to doubt the authenticity mentioned above shall be accepted as proof of age if it is expired, defaced, mutilated or altered. If the driver s license, state identification card or lawful identification submitted is a duplicate, the person shall submit additional identification which contains the name, date of birth and photograph, of the person. In addition, an educational institution identification card, check cashing identification card or employee identification card shall not be considered as lawful identification for the purposes of this paragraph. Any person who knowingly sells a lottery ticket to a person under twenty-one years of age shall be fined not less than one hundred dollars nor more than five hundred dollars for the first offense and for each subsequent offense, not less than two hundred dollars or more than one thousand dollars. 1) It is unlawful for any person under twenty-one years of age to purchase a lottery ticket. 2) Whoever violates the provisions of this Subsection shall be fined not more than one hundred dollars. 3) Any person apprehended while violating the provisions of this Subsection shall be issued a citation by the apprehending law enforcement officer, which shall be paid in the same manner as provided for the offenders of local traffic violations. VI. LOCAL SUPPLEMENT. CITY OF NEW ORLEANS. LEGAL HOURS OF OPERATION AND SUNDAY SALES. Any person may engage at retail on Sundays to the extent authorized by and in accordance with the provisions of the city code, the comprehensive zoning ordinance for the city and other applicable ordinances of the city. 28

30 NOISE, LITTER AND ZONING. LITTER. ZONING. In accordance with Ordinance19389, Section , Neighborhood compatibility requirements, adopted by the City Council, of the City of New Orleans, on September 24, 1999, All alcoholic beverage outlets shall establish a litter abatement program, certified by the Department of Finance. In accordance with Section of the City Code, you will be required to pay a Litter Abatement Charge. The appropriate charge on non-residential and multi-residential property is $50.00 per year or $2.00 per unit, per year whichever is greater. Payment must be payable to the City of New Orleans. Under the provisions of this chapter, no permit shall be issued or renewed for any applicant who has not submitted evidence of complying with the following requirements: a) All alcoholic beverage outlets shall establish a litter abatement program, certified by the Department of Finance. Such program shall include the following items: 1) All trash receptacles, excluding dumpsters, shall be located inside of a structure and shall be placed in the public right-ofway on pick up days only; 2) All litter shall be cleared from the site of the ABO, the adjacent public right-of-way on pick up days only; 3) The applicant shall sweep the public right-of-way adjacent to the petitioned site and any accessory parking lot daily and shall periodically clear it with a watering hose as needed. Sec Restrictions as to property near schools, churches, etc. a) 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. Exempted from these provisions are the following: 1) Those nonprofit organizations operating upon any city playground or park which sells low content alcoholic beverages during scheduled 29

31 athletic recreational and/or festival events under a concession rights agreement issued by the department of recreation; 2) Those nonprofit church or school related or associated organizations or groups which conduct on such church or school property fairs, festivals, meetings or other similar events under and by the authority of the church or school, whose proceeds are used or intended to be used for the benefit or the related church or school; 3) Any person or corporation who are within the 300-foot prohibited limit, and who obtain by approval of a sworn affidavit of not less than 75 percent of the property owners within such 300 feet, and which approval, if accompanied by a plan duly signed and dated by licensed surveyor or engineer, shall contain the location of the proposed business, together with the designation on such plan of the proper names, addresses and conveyance office book acquisition of such property by such owners. b) The word school as used in this section shall not include a school for business education conducted as a Business College or school within the city. Sec Restrictions on package liquor stores near churches, schools, etc. a) No permit shall be granted for opening of any package house or package liquor store within 300 feet of any playground, church, public library, school, funeral home or mortuary. b) The provisions of this section shall not apply to a package liquor store where the wholesale cost of package liquor stocked and displayed does not exceed 15 percent of the wholesale cost of other merchandise stocked and displayed and where package liquor display does no constitute more than ten percent of all display area and where package liquor is not advertised outside or off the premises. Any permit obtained under this subsection shall be limited to the type or types of establishments represented in the original application. A sworn statement of continued use shall be required before each periodic renewal of such license and the operation of any additional type or variation of type shall be a violation of this section and cause for the immediate revocation of such license by the department of finance. c) The provisions of this section shall not apply to package liquor store locations which are licensed to sell alcoholic beverages on the effective date of the ordinance from which this section was derived and which are continuously operated as such with no lapse in the operation for a period in excess of six consecutive months. d) The 300-foot distance provided for in this section shall be measured as a person walks, using the sidewalk, from the nearest point of the property line of the playground, church, public library, school, funeral home or mortuary to the nearest point of the premises to be licensed. 30

32 Sec How distance is measured. a) The distance is measured as described above in Sec part d. b) Any permit issued to such business prior to the adoption of this and the preceding sections shall not be affected save and except that such prior existing businesses shall not face any public playground, unless such business was in operation prior to the establishment of the playground. c) 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. d) If a retail or wholesale business has an interruption of the continuity of business for a period in excess of six months, in order to reopen for business, the requirements set forth above must be complied with. e) The restrictions contained in this section do not apply to premises which were maintained continuously as a bona fide hotel, railway car or fraternal organization for a period of one year prior to the passage of Ordinance No. 18, 537, C.C.S. Sec Section not applicable to hotels, etc. The restrictions contained in section do not apply to premises, which are maintained as a bona fide hotel, restaurant, fraternal organization, bus terminal or railroad station, nor to any premises licensed to deal in alcoholic beverages for a period of one year prior to May 1, Sec Alcoholic beverage outlets prohibited in residential and park districts. No alcoholic beverage outlet permit shall be granted or license issued for the establishment or opening of any barroom, saloon, cabaret, nightclub 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 as defined in the comprehensive zoning ordinance of the city, as now or hereafter amended. The provisions of this section shall not be construed to apply to any premises which, at the time of the passage of this section, were lawfully operated as a bona fide barroom, saloon, cabaret, nightclub or other place where beverages of high alcoholic content or beer or ale were lawfully sold at retail to be consumed on the premises, and for which the proper licenses and permits haave been granted and are in effect which are continuously operated as such with no lapse in the operation for a period in excess of six consecutive months, it being the intent of this section that the nonconforming status of such property shall be considered as having been maintained for both high alcoholic beverages licenses and beer licenses where only one such license is maintained and 31

33 in effect provided that 60 percent of the property owners within 600 feet have consented in writing thereto, as computed in section Nothing in this section shall be deemed to repeal, restrict or modify any of the prohibitions or restrictions of the comprehensive zoning law of the city. Sec Exceptions to section a) Permits shall be granted or licenses issued for the sale of beverages of high alcoholic content, beer or ale, to be consumed on the premises, in RS-1 and RS-2 single-family residential districts to those private recreational clubs operated exclusively for the use of private members and their guests provided that such club must be located on a site having a minimum of three acres. b) Alcoholic beverage permits may be granted and licenses issued to bona fide nonprofit veterans, charitable, educational, religious or fraternal organizations, civic and service clubs, which are tax exempt under the provisions of 26 U.S.C. 501c(3), (4), (8) or (19), provided that the entire net proceeds from the sales of alcoholic beverages by these organizations be devoted to educational, charitable, patriotic, religious or publicspirited uses. c) Organizations seeking permits shall furnish proof to the department of finance of their tax-exempt status upon application and annually thereafter and shall immediately notify the department of finance of any change in their exemption status. Sec Package liquor stores in residential districts prohibited. a) 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 as defined in the comprehensive zoning ordinance, an now or hereafter amended. The provisions of this section shall not be construed to apply to any premises which, at the time of the passage of this section, were lawfully operated as bona fide package liquor stores, and for which the proper licenses and permits have been granted. b) For the purpose of this section, package liquor stores will mean any place where a person or dealer sells alcoholic beverages in closed containers, prepared for transportation and consumption off the premises. c) The provisions of this section shall not apply to retail and service facilities as an accessory use within a building containing 100 or more dwelling units or guestrooms in an RM-4 multiple-family residential district nor to a location in an approved RPC residential planned community wherein commercial uses have been approved. Sec Sale, etc., of alcoholic beverages in area prohibited. a) It shall be unlawful for any person: 32

34 1) To construct, alter or repair any building or other place to be used for the sale of alcoholic beverages; 2) To operate any barroom or other place were alcoholic beverages are sold; or 3) 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. b) The above restrictions shall not be applicable to premises which are maintained as bona fide restaurants. For the purpose of this section, a consumption on the premises, which sale constitutes 50 percent or more of the revenue for such establishment; and further that such establishment shall be provided with culinary facilities, and shall conform to the requirements of the department of health and the city code, including section requiring that a menu and price list be available to all customers; and further that alcoholic beverages may be served only in conjunction with meals. LEAVING PREMISES WITH ALCOHOL. Sec Sales restricted to within premises. Any dealer who sells alcoholic beverages is restricted to sales within such premises. All establishments holding Class B retail permits are prohibited form conducting sales transactions through a window or door to a customer on the sidewalk. Sec Sidewalk seats not permitted. It shall be unlawful for any person 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. Sec Consumption of alcoholic beverages in parking lots prohibited. 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. Sec Illegal carrying of opened containers. a) An opened glass or opened container is 1) any drinking vessel made of metal or glass excluding drinking glasses which are packaged and contain no liquid or 2) any container made of metal or glass upon which the seal has been broken. 33

35 b) It shall be unlawful for any person to carry or drink from any opened glass or opened metal container in or on any Public Street or sidewalk in the city or New Orleans. c) It shall be unlawful for any person to carry or drink from any opened glass or opened metal container in or on any public park, playground, square or un-enclosed public place in the area bounded by the downtown side of U.S. Highway 90 (business) (which is the Mississippi River Bridge and the Pontchartrain Expressway), The river side of North and South Claiborne, the uptown side of Iberville Street, the river side of North Rampart Street, the uptown side of Esplanade Avenue and the Mississippi River. Sec Posting of section The owner of every establishment, which sells beverages in glass of metal containers in the city of New Orleans, shall post two copies of section of this chapter in their establishments. Failure to post such copies shall be unlawful. These copies may b obtained from the Finance Department of the City of New Orleans. Sec Opened containers to remain in establishments. It shall be unlawful for owners of establishments which sells beverages in glass or metal containers in the city of New Orleans to knowingly allow any person to leave the premises of said establishment carrying an opened glass or opened metal container. LOCAL SERVER LICENSING REQUIREMENTS. Sec Enumeration of certain violations. It shall be unlawful and a violation of this chapter: 1) Sale without a permit. To sell or offer for sale at wholesale or at retail any of the articles taxed in this chapter, without first having procured a permit as a wholesale or retail dealer, as may be required. 2) Violation of rules, etc. To violate any lawful rule or regulation made and published by the department of finance under this chapter. 3) Refusal, etc., of inspection. To refuse to allow, on demand, the department of finance or any officer or agent of the department to make full inspection of any place of business where any of the articles taxed in this chapter are sold or otherwise to hinder or prevent such inspection. 4) Concealing violations. To use any artful device of deceptive practice to conceal any violation of this chapter or to mislead the department of finance or any agent of the department in the enforcement of this chapter, or to do any other act tending to defraud the city of its revenue. 34

36 5) Failure to produce invoices. For any retail dealer or his agent or employee to fail to produce, on demand of the department of finance, all invoices of alcoholic beverages bought by him or received at his place of business within six months prior to such demand, unless he can show by satisfactory proof that the nonproduction of such invoices was due to providential or other causes beyond his control. 6) False invoices. For any person to make, use, present or exhibit to the department of finance or any of its agents any invoices of alcoholic beverages which bear an untrue date or falsely state the nature of quantity of the goods invoices as provided by this chapter. Sec Unlawful to sell without permit or temporary number. It shall be unlawful for any person, whether as a manufacturer, rectifier, distiller, importer, manufacturer s agent, wholesaler or retail dealer, knowingly to sell, donate or deliver in any place to any person alcoholic beverages unless such person holds a city permit for the sale of such alcoholic beverages or a temporary number. Sec Permit prerequisite to engaging in business. It shall be unlawful for any person to sell, offer for sale, import, manufacture, distill, rectify or have in possession, for sale, handling, storage or distribution, either at wholesale, retail or otherwise, any alcoholic beverage or to engage in the business of dealer without first having obtained from the department of finance of the city a permit to engage in such business or a temporary number as provided in section Sec Permits to purchase of alcoholic beverages. All retail dealers must possess a permit as a condition precedent to purchasing, receiving, or engaging in the business of dealing in alcoholic beverages. The location of such business shall be approved by the department of safety and permits for compliance with the comprehensive zoning ordinance and building code prior to the issuance of a permit. An application may be withheld and a solicitor or his wholesaler who sells or delivers alcoholic beverages to the applicant may have their permits suspended or revoked for violation hereof. Sec Wholesale and retail dealer s permits required. Before engaging in the business of dealing in alcoholic beverages, all wholesale and retail dealers shall obtain from the department of finance or the city, a permit to conduct each separate wholesale or retail business and shall renew the permit, annually, dating from the first day following the expiration date set forth in section

37 OTHER RELEVANT INFORMATION. Sec Employees under 21 not permitted as dancers. No person owning or operating an establishment where alcoholic beverages of high or low alcoholic content are sold shall permit any servant, agent or employee of the establishment under the age of 21 to perform on stage as a dancer while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. 36