§ 10-76. Acts prohibited on licensed premises; suspension or revocation.

(a)

No person holding a retail dealer's permit and no servant, agent or employee of the permittee shall do any of the following acts upon the licensed premises:

(1)

Sell or serve beverages of low-alcoholic content to any person under the age of 21 years, unless such person submits any one of the following:

a.

A valid, current state driver's license which contains a photograph of the person presenting the driver's license.

b.

A valid, current driver's license of another state which contains a photograph of the person and birthdate of the person submitting the driver's license.

c.

A valid, current special identification card issued by the state 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.

Each form of identification listed in this subsection (a)(1) must on its face establish the age of the person as 21 years or older, and there must be no reason to doubt the authenticity or correctness of the identification. No form of identification mentioned in this subsection (a)(1) 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 information which contains the name, date of birth and picture 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 subsection (a)(1).

(2)

Sell or serve beverages of low alcoholic content to any intoxicated person.

(3)

Intentionally entice, aid or permit any person under the age of 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 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(3) of the Internal Revenue Code of the United States, or by a fraternal beneficiary society with tax exempt status under 501(8) of such code, and no alcoholic beverages are sold, handled, given away or accessible during the presence of any such person, or permit any person under 18 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.

(4)

Permit any prostitute to frequent the licensed premises, or to solicit patrons for prostitution on the licensed premises.

(5)

Sell, offer for sale, possess or permit the consumption on the licensed premises of any kind or type of alcoholic beverages, the sale or possession of which is not authorized under his permit.

(6)

Intentionally conduct illegal gambling, as defined by law, on the premises described in the application for the permit.

(7)

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

(8)

Employ anyone under the age of 18 years 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 permittee 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 18 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 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 18 years may be permitted to participate in the sale of packaged alcoholic beverages to collect the price and taxes and issue receipts therefor, or may be permitted to bag packaged alcoholic beverages, or both, where immediate supervision is provided.

(9)

Allow the sale, dispensing or distribution of beverages of low alcoholic content in any type of automatic mechanical vending machine activated by the use of a coin, token or similar instrument. The provisions of this subsection (a)(9) shall not apply to establishments exempt from holding permits under this article.

(10)

Permit the playing of pool or billiards by any person under 18 years of age, or permit such a person to 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.

(11)

Illegally sell, offer for sale, possess or permit the consumption on or about the licensed premises of any kind or type of controlled dangerous substances.

(12)

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

(13)

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

(14)

Play live or recorded music which is so unreasonably intrusive or offensive as to interfere with the comfortable enjoyment of the property of a person residing within 200 feet of the premises. This prohibition shall not apply to any licensed premises which are not located within 200 feet of a residence or which were not located within 200 feet of a residence on the date that the first permit was granted for the premises or to any licensed premises which are not located in an unzoned, unincorporated area. This prohibition shall not apply to any premises which provide an entry area with two separate doors or sets of doors separating the exterior of the entrance from the area where music is played. Any licensed premises which are not, on the effective date of this subsection (a)(14), in compliance with the provisions of this subsection (a)(14), shall have a reasonable time either to modify the premises to comply with this subsection (a)(14), or to cease the playing of music as described in this subsection (a)(14). Any person residing within 200 feet of licensed premises on which is played live or recorded music which is so unreasonably intrusive or offensive as to interfere with the comfortable enjoyment of his property shall have a cause of action for damages and may obtain injunctive relief if the premises are not in compliance with the provisions of this subsection (a)(14).

(15)

Sell or serve any alcoholic beverages at a price fixed on an all you can drink basis after the hour of 10:00 p.m.

(16)

Fail to keep the licensed premises well-lighted and all outside windows and doors open to view from the sidewalk or outside.

(b)

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

(1)

Employment or use of 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 of the buttocks, vulva or genitals.

(2)

Employment or use of 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 (b)(1) of this section.

(3)

Encouraging or permitting any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

(4)

Permitting 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.

(c)

Live entertainment is permitted on any licensed premises, except that no permittee shall permit any person to perform acts of or acts which simulate:

(1)

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

(2)

The touching, caressing or fondling of the breast, buttocks, anus or genitals.

(3)

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

(d)

Subject to the provisions of subsection (c) of this section, entertainers whose breasts or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least three feet from the nearest patron.

(e)

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

(f)

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

(g)

Violation of this section by a retail dealer's agent, associate, employee, representative or servant shall be considered the retail dealer's act for purposes of suspension or revocation of the permit.

(h)

Notwithstanding the issuance of a permit by way of renewal, the city may revoke or suspend such permit, as prescribed by this article, for violations of this section occurring during the permit period immediately preceding the issuance of such permit.

(i)

Violation of this section is punishable as provided in section 1-12 and is also sufficient cause for the suspension or revocation of a permit as provided by state laws.

(Code 1958, § 3-17)

State law reference

Similar provisions, R.S. 26:286.