2006 Louisiana Laws - RS 26:272 — Restaurant "r" permit; application; fees

§272.  Restaurant "R" permit; application; fees

A.(1)  The commissioner shall issue, on proper application and payment of an administrative fee, a special Class "R" restaurant permit to any restaurant establishment as defined in Subsection B of this Section which has been issued a "Retailers, Class A" state permit for the sale of beverages of low alcohol content.

(2)  Municipal and parish governing authorities may issue "R" permits similar to those provided for in this Section; however, the requirements and fees for such permits shall not exceed that required by this Section.  The provisions of this Paragraph shall not apply to those municipal and parish governing authorities that are issuing such permits on July 1, 1984.

B.(1)  For purposes of this Section, "restaurant establishment" shall be defined as an establishment:

(a)  Which operates a place of business whose purpose and primary function is to take orders for and serve food and food items.

(b)  Which serves alcoholic beverages in conjunction with meals.

(c)  Which serves food on all days of operation.

(d)  Which maintains separate sales figures for alcoholic beverages.

(e)  Which operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.

(2)  Sparkling or still wine sold or served by the bottle in conjunction with food service shall not be considered an alcoholic beverage by the commissioner when determining gross revenue for purposes of this Section only.

C.  For new restaurant establishments without prior business experience on which to determine the gross revenue from the sale of the items in Paragraph (B)(4) of this Section, the commissioner may issue a temporary license, which shall be valid for sixty days to allow the establishment to make such determination.

D.(1)  The permit provided for in this Section shall be applied for and issued annually as determined by the commissioner.

(2)  Both the original and renewal applications for such permit shall be in writing, be sworn to in front of a notary public, and shall contain the following:

(a)  The full name of the applicant.

(b)  A complete description and correct address of the premises in which the restaurant is located.

(c)  Proof of issuance of a state Class A permit.

(3)  Repealed by Acts 1997, No. 331, §1.

E.  All applications shall be accompanied by an administrative fee, which shall be remitted to the commissioner as follows:

(1)  For administrative fees for annual new or renewal of permit - twenty-five dollars.

(2)  For a temporary permit as provided for in Subsection C - ten dollars.

F.  The permit shall be revoked whenever the establishment's Class A permit is revoked by the state or local political subdivision for failure to meet or maintain criteria required for the permit.

G.  Notwithstanding the provisions of R.S. 26:81(B)(1) and (C), 273(A)(1), 281(B) and (C)(1), 582, and 595, and if all other pertinent qualifications and conditions of this Title are satisfied, the commissioner shall issue a Class A Retail Liquor Permit and a Class "R" restaurant permit and the municipal governing authority or the parish governing authority shall issue any and all required local permits to serve low alcohol content beverages for a restaurant establishment, as defined in R.S. 26:73(B), if the restaurant is located within  a geographically definable area within any municipality which has been designated by the appropriate authority of the United States Department of the Interior as a national historic landmark district.  The provisions of this Subsection shall be applicable only to an establishment that grosses sixty percent of its average monthly sales from the retail sale of food or food items that are prepared for service and consumption on the premises of the establishment.

H.  If proposition five on the local option ballot, as delineated in R.S. 26:588(A), is approved by a majority vote cast in the election, a "Retailers, Class A" state permit shall be authorized for a Class "R" restaurant permittee in the locality for which the local election was held.

Acts 1987, No. 696, §1; Acts 1989, No. 193, §1, eff. June 26, 1989; Acts 1989, No. 585, §2; Acts 1995, No. 1081, §2, eff. June 29, 1995; Acts 1997, No. 320, §1, eff. June 20, 1997; Acts 1997, No. 331, §1; Acts 2003, No. 936, §1.

NOTE:  See Acts 1997, No. 320, §2, relative to applicability of Subsection G.