§ 10-72. Same—Qualifications of applicants.

(a)

Applicants for state and local permits of all kinds shall meet the following qualifications and conditions:

(1)

Be a person of good character and reputation and over 18 years of age.

(2)

Be a citizen of the United States and of the state and a resident of the state continuously for a period of not less than two years next preceding the date of the filing of the application. However, the requirements as to state citizenship do not apply to wholesale or retail dealers who have continuously held permits since July 26, 1944.

(3)

Be the owner of the premises or have a bona fide written lease therefor. In cases where the applicant holds a bona fide written lease, the name and current street address of the lessor shall be shown on the application form filed with the commissioner.

(4)

Have not been convicted of a felony under the laws of the United States, the state, or any other state or country.

(5)

Have not been convicted in this 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 illegally dealing in controlled dangerous substances.

(6)

Have not had a license or permit to sell or deal in alcoholic beverages, issued by the United States, any state, or by any political subdivision of a state authorized to issue permits or licenses, revoked within two years prior to the application, or been convicted, or had a judgment of court rendered against the applicant involving alcoholic beverages by this or any other state or by the United States for two years prior to the application.

(7)

Have not been convicted of violating any of the provisions of R.S. 26:241 et seq.

(8)

Have not been convicted of violating any municipal or parish ordinance relating to beverages of low alcoholic content adopted pursuant to the provisions of R.S. 26:493. In such a case, the granting or denial of a permit is within the discretion of the local licensing authorities.

(9)

Not owe the state or the local governmental subdivisions in which the application is made any delinquent sales taxes, penalties, or interest excluding items under formal appeal pursuant to applicable statutes.

(10)

Not be the spouse of a person who does not meet the requirements of subsections (a)(1) and (a)(3)—(a)(9) of this section; however, in such cases the age of the ineligible spouse shall be immaterial.

(b)

If the applicant is a partnership recognized by state law, or anyone in such partnership with or financed by another, all members of such partnership or all the persons furnishing the money shall also possess the qualifications required of the applicant. The application shall name all partners or financial backers and furnish their social security numbers and proper addresses.

(c)

If the applicant is a corporation, all officers and directors and all stockholders owning in the aggregate more than five percent of the stock and the persons who shall conduct or manage the business shall possess the qualifications required of applicants and shall furnish their federal identification number, their state department of revenue and taxation business account number, their social security number, and their correct home address. The requirements as to citizenship and residence do not apply to officers, directors and stockholders of corporations. The corporation shall be either organized under the laws of the state or qualified to do business within the state.

(d)

If the applicant's business is to be conducted wholly or partly by one or more managers, agents, servants, employees or other representatives, those persons shall also possess the qualifications required of applicants and shall furnish their social security numbers and their correct home addresses; however, convicted felons may be employed by an applicant if, in the applicant's business, alcoholic beverages are not the principal commodities sold, handled or given away.

(e)

If the applicant, or any other person required to have the same qualifications, does not possess the required qualifications, the permit may be denied, suspended or revoked; however, if a sales tax clearance has not been issued, the permit shall be denied, suspended or revoked. Nevertheless, if the sales tax clearance request is not processed within the time limitation provided in R.S. 26:278, the permit shall be issued if all other qualifications are met by the applicant.

(f)

Notwithstanding the provisions of subsections (a) and (b) of this section, a permit may be granted by the commissioner if the applicant has been pardoned, has had any misdemeanor conviction discharged or dismissed, or the applicant's civil rights have been restored, 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 persons whose action directly contributed to the applicant's conviction.

(Code 1958, § 3-14)

State law reference

Similar provisions, R.S. 26:280.