Ordinance No. of 2017 FACT SHEET TITLE An ordinance to amend sections in Chapter 10 Alcoholic Beverages of the City of Shreveport, Louisiana, Code of Ordinances relative to Sunday sales and hours of operation for alcohol and to otherwise provide with respect thereto. DATE September 26, 2017 ORIGINATING DEPARTMENT S.P.D. and Office of the City Attorney COUNCIL DISTRICT City-wide SPONSOR Councilmember Jeff Everson and Councilmember Jerry Bowman PURPOSE To update a section of City Code Chapter 10 relative to alcoholic beverage permits for hours of operation and Sunday sales. BACKGROUND INFORMATION The Alcohol Beverage Office (ABO), a division of the Shreveport Police Department (S.P.D.), and the Office of the City Attorney have teamed-up to completely revise and update the City s alcohol laws located in Chapter 10 of the City Code. The Ch. 10 Project is currently proceeding but, due to the extensive nature of the project, is not yet complete. In the meantime, the City has been contacted by businesses requesting that a few revisions be made sooner, rather than later, to allow local (City) alcohol Sunday sales and to expand the hours of operation to be more business friendly. Currently, City Sunday sales prohibitions are not evenly applied to all business some are allowed to sell and serve alcohol while others are not. In addition, the hours of operation to sell and serve alcohol are also not evenly applied to all business locations and types. For example, some bars are allowed to remain open until 2:30am, others until 4am, and still others 6:30 am. Thus, this has created an un-safe bar-hopping scene whereby some citizens will keep moving from one location to the next according to the closing hours. The proposed revisions will grant immediate additional business opportunities and is anticipated to have a direct positive financial impact on the City and local businesses. In addition, the revisions create an evenly applied set of regulations to all business types and alcohol types. TIMETABLE ATTACHMENTS Introduction: September 26, 2017 Exhibit A Mark-up to Ordinance Final Passage: October 10, 2017 Information Sheet SPECIAL PROCEDURAL REQUIREMENTS Pursuant to La. R.S. 26:495, the governing authority of each municipality adopting ordinances pertaining to alcoholic beverages shall furnish, in each instance, a certified copy thereof to the Commissioner of Alcohol and Tobacco Control (ATC). FINANCES NA SOURCE OF FUNDS NA ALTERNATIVES (1) Adopt the ordinance as submitted, or (2) Amend the ordinance, or (3) Reject the ordinance. RECOMMENDATION It is recommended that the City Council adopt the ordinance. FACT SHEET PREPARED BY: Karen Strand, Assistant City Attorney
ORDINANCE NO. OF 2017 AN ORDINANCE TO AMEND SECTIONS IN CHAPTER 10 ALCOHOLIC BEVERAGES OF THE CITY OF SHREVEPORT, LOUISIANA, CODE OF ORDINANCES RELATIVE TO SUNDAY SALES AND HOURS OF OPERATION FOR ALCOHOL AND TO OTHERWISE PROVIDE WITH RESPECT THERETO. BY COUNCILMEMBER: WHEREAS, the City wishes to update and revise the City s alcohol laws; and WHEREAS, pursuant to Louisiana Revised Statutes Title 26 493 (La. R.S. 26:493), the City shall not, in the exercise of its police power, regulate the business of selling alcoholic beverages more than is necessary for the protection of the public health, morals, safety, and peace; and WHEREAS, currently, City Sunday alcohol sales prohibitions are not evenly applied to all businesses some are allowed to sell and serve alcohol while others are not; and WHEREAS, the hours of operation to sell and serve alcohol are also not evenly applied to all business locations and types; and WHEREAS, some bars are allowed to remain open until 2:30am, others until 4am, and still others until 6:30 am thus creating an un-safe bar-hopping scene whereby some citizens will keep moving from one location to the next according to the closing hours; and WHEREAS, the proposed revisions will grant immediate additional business opportunities and is anticipated to have a direct positive financial impact on the City and local businesses; and WHEREAS, these revisions create an evenly applied set of regulations to all business types and alcohol types; and WHEREAS, a City may by ordinance repeal provisions in the City Code relative to allowing the sale of alcoholic beverages on Sundays pursuant to La. R.S. 26:493 and in accordance with La. Atty. Gen. Op. No. 12-0205 and Silver Dollar Liquor, Inc. V. Red River Parish Police Jury, 2010-2776 (La. 9/7/11), 74 So. 3d 641. Page 1 of 6
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in due, legal and regular session convened, that Chapter 10, Article IV, Division 2. - Hours of Operation be hereby repealed and replaced to now read as follows: Article IV. Minimum Age and Hours of Operation DIVISION 2. - HOURS OF OPERATION Sec. 10-171. In General. (a) Hours of Operation. The hours of operation of any establishment within the City may be limited pursuant to zoning and use restrictions. The hours of operation of any establishment shall be limited to the hours such establishment could be open for business under any applicable Special Use Permit issued in accordance with the provisions of the City of Shreveport, Louisiana Code of Ordinances, the Shreveport, Louisiana, Unified Development Code ( Shreveport UDC ), and other applicable ordinances of the City or State law. (b) Hours of Operation for Certain Alcohol Retail Dealers. Any retail dealer where the primary commodity sold is alcohol shall have limited hours of operation pursuant to this Division. (c) Hours to Sell, Serve, Handle or Dispense Alcohol. The hours to sell, serve, handle or dispense alcohol within the City are limited pursuant to this Division. Sec. 10-172 - Sunday Sales Any person may engage at retail on Sundays to the extent authorized by and in accordance with the provisions of this Code, the Shreveport UDC and other applicable ordinances of the City. (State law reference: La. R.S. 26:493) Sec. 10-173. Hours of operation for Manufacturer. (a) Manufacturer Permissible Hours of Operation. The Manufacturer Tasting Room may be open for business within the City between the hours of 6:00 a.m. and 2:30 a.m. on any day of the week. The hours of operation for the manufacturing operation shall not be limited. (b) Manufacturer Prohibited Hours of Operation. It shall be unlawful for any Manufacturer s Tasting Room to remain open for business between the hours of 2:30 a.m. and 6:00 a.m. on any day of the week. The hours of operation for the manufacturing operation shall not be limited. Sec. 10-174. Hours of operation for Wholesaler. Wholesaler Permissible Hours of Operation. The Wholesaler s operation within the City shall not be limited. Page 2 of 6
Sec. 10-175. Hours of operation for Retail Dealer of Alcohol. (a) Retail Dealer of Alcohol On-Premises Consumption; Hours of Operation. (1) Permissible Hours to sell, serve, handle or dispense alcohol for On-Premises Consumption. The Retail Dealer is hereby permitted to sell, serve, handle or dispense alcohol beverages with high and/or low content for on-premises consumption within the City between the hours of 6:00 a.m. and 4:00 a.m. on any day of the week. (2) Prohibited Hours to sell, serve, handle or dispense alcohol for On-Premises Consumption. The Retail Dealer is hereby prohibited to sell, serve, handle or dispense alcohol beverages with high and/or low alcoholic content for on-premises consumption within the City between the hours of 4:01 a.m. and 5:59 a.m. on any day of the week. (3) Retail Dealers where the primary commodity sold is alcohol are required to be closed for all business during certain hours. a. Retail Dealer where the primary commodity sold is alcohol. Any retail dealer where the primary commodity sold is alcohol shall be closed for all business between the hours of 4:01 a.m. and 5:59 a.m. on any day of the week. This includes, but is not limited to, bars and cocktail lounges. b. Persons prohibited from being on the premises. No person shall be allowed to remain on the premises between the hours of 4:01 a.m. and 5:59 a.m. on any day of the week except permit holders, paid employees and contractual service workers. Any other individuals must leave the premises and remain off said premises continuously during prohibited hours. (b) Retail Dealer of Alcohol Off-Premises Consumption; Hours of Operation. (1) Permissible Hours to sell, serve, handle or dispense alcohol for Off-Premises Consumption. The Retail Dealer is hereby permitted to sell, serve, handle or dispense alcohol beverages with high and/or low content for off-premises consumption within the City between the hours of 6:00 a.m. and 4:00 a.m. on any day of the week. (2) Prohibited Hours to sell, serve, handle or dispense alcohol for Off-Premises Consumption. The Retail Dealer is hereby prohibited to sell, serve, handle or dispense alcohol beverages with high and/or low alcoholic content for off-premises consumption within the City between the hours of 4:01 a.m. and 5:59 a.m. on any day of the week. (3) Retail Dealers where the primary commodity sold is alcohol are required to be closed for all business during certain hours. Page 3 of 6
a. Retail Dealer where the primary commodity sold is alcohol. Any retail dealer where the primary commodity sold is alcohol shall be closed for all business between the hours of 4:01 a.m. and 5:59 a.m. on any day of the week. This includes, but is not limited to, packaged liquor stores for off-premises consumption. b. Persons prohibited from being on the premises. No person shall be allowed to remain on the premises between the hours of 4:01 a.m. and 5:59 a.m. on any day of the week except permit holders, paid employees and contractual service workers. Any other individuals must leave the premises and remain off said premises continuously during prohibited hours. Sec. 10-176. Hours of operation for Special Event Temporary Alcohol Permits. (a) Special Event Temporary Alcohol Permits issued may be for three (3) consecutive days only. (b) Permissible Hours to sell, serve, handle or dispense alcohol for Special Event Temporary Alcohol Permits. The permit holder is hereby permitted to sell, serve, handle or dispense alcohol beverages with high and/or low content for on-premises consumption within the City between the hours of 6:00 a.m. and 12 o clock midnight on any day of the week. (c) The Special Event Temporary Alcohol Permit is not for the purpose of serving alcohol beyond the hours of operation and closing hours of any establishment as provided under the provisions of the City of Shreveport, Louisiana, Code of Ordinances or any applicable Special Use Permit issued in accordance with the provisions of the Shreveport, Louisiana, Unified Development Code ( Shreveport UDC ) or other applicable ordinances of the City. Sec. 10-177 10-179. Reserved. BE IT FURTHER ORDAINED that Section 10-85, Sub-Section (3) of Chapter 10 is hereby repealed and replaced to now read as follows: Sec. 10-85. - Dual service restaurant/bar. (3) The establishment shall operate exclusively as a restaurant between the hours of 6:00 a.m. and 11:00 p.m. Page 4 of 6
BE IT FURTHER ORDAINED that Section 10-191, Sub-Section (c) of Chapter 10 be hereby repealed and replaced to now read as follows: Sec. 10-191. - Consumption in city buildings. (c) Notwithstanding any provision of this section to the contrary, any group or individual having or possessing a valid rental agreement, or anyone possessing a valid contract to provide concessions for the group or individual possessing the rental agreement for the use of any riverfront facility, not used by or under the control of the city in the daily administration of city affairs, shall be allowed to sell, serve, handle, dispense and/or consume alcoholic beverages of a high and/or low alcoholic content between the hours of 6:00 a.m. until 12 o clock midnight on any day of the week. Such group or individual shall first obtain a permit from the chief of police in accordance with the procedures outlined in subsection (b) of this section. BE IT FURTHER ORDAINED that Section 10-211, Sub-Section (b) of Chapter 10 be hereby repealed and replaced to now read as follows: Sec. 10-211. - Bona fide private clubs. (b) Permit required; information for application; display of permit; revocation or suspension of permit. Any bona fide private club intending to permit the conducting of games of chance in accordance with this section shall first apply to the chief of police for a permit to conduct games of chance by private clubs. Any applicant for such a permit shall furnish such information relative to its operation as may be required by the chief of police, including, but not necessarily limited to, articles of incorporation and other documents evidencing that the applicant is a bona fide private club. The chief of police shall arrange for a representative of his department to inspect the applicant's premises to determine whether a bona fide private club is being operated on such premises. If the chief of police is satisfied that a bona fide private club is being operated on the premises of the applicant, he shall issue a permit to conduct games of chance by private clubs which shall be displayed in a conspicuous place on the premises of the applicant. Any permit issued pursuant to this section shall be subject to revocation or suspension for any grounds that a retail dealer's permit may be revoked or suspended, except as provided in this section, and also if the applicant should fail to continue to operate a bona fide private club as defined in this section. Page 5 of 6
BE IT FURTHER ORDAINED that the following sections in Article V. of Chapter 10 are hereby repealed and shall be noted repealed as follows: Sec. 10-180. Repealed. Sec. 10-181. Repealed. Sec. 10-182. Repealed. Sec. 10-183. Repealed. Sec. 10-184. Repealed. Sec. 10-185. Repealed. BE IT FURTHER ORDAINED pursuant to La. R.S. 26:495, the governing authority of each municipality adopting ordinances pertaining to alcoholic beverages shall furnish, in each instance, a certified copy thereof to the Commissioner of Alcohol and Tobacco Control (ATC). BE IT FURTHER ORDAINED that if any provision or item of this Ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this Ordinance which can be given affect without the invalid provisions, items or applications and to this end the provisions of this Ordinance are hereby declared severable. BE IT FURTHER ORDAINED that all Ordinances or parts thereof in conflict herewith are hereby repealed. Louisiana. THUS DONE AND ORDAINED by the City Council of the City of Shreveport, APPROVED AS TO LEGAL FORM: City Attorney s Office Page 6 of 6