2006 Louisiana Laws - RS 26:80 — Qualifications of applicants for permits

§80.  Qualifications of applicants for permits

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

(1)  Be a person of good character and reputation and over eighteen years of age.

(2)  Be a citizen of the United States and the state of Louisiana and a resident of the state of Louisiana 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 Louisiana citizenship do not apply to wholesalers or retailers who held permits on or prior to January 1, 1946.

(3)  Be the owner of the premises or have a bona fide written lease therefor.

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

(5)  Have not been convicted in this or in any other state or by the United States or any other country of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping 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 adjudged by the commissioner, or convicted by a court of violating any of the provisions of this Chapter.

(8)  Have not been convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of this Chapter.  If the applicant has been so convicted, the granting of a permit or of a renewal shall be within the discretion of the commissioner.

(9)  Not be the spouse of a person who does not meet the requirements of Paragraphs (1) and (3) through (8), and (10) of this Subsection; however, in such cases the age of the ineligible spouse shall be immaterial.

(10)  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.

B.  If the applicant is a partnership recognized by Louisiana 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 an applicant.  The application shall name all partners or financial backers and furnish their social security numbers and proper addresses.  If a partner of a partnership applying for retail permits is a corporation or limited liability company, the requirements as to citizenship and residence shall not apply to officers, directors, and stockholders of the corporation or members of the limited liability company.  The corporation or limited liability company shall either be organized under the laws of the state of Louisiana or qualified to do business within the state of Louisiana.

C.(1)  If the applicant is a corporation or a limited liability company, all officers and directors and all stockholders or members owning in the aggregate more than five percent of the stock or of the membership interest in a limited liability company and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant, to be shown by the affidavit of each accompanying the application.  Each affidavit shall include the signatory's Louisiana Department of Revenue business account number, his social security number, and his correct home address.

(2)  The requirements as to citizenship and residence do not apply to officers, directors, or stockholders of corporations or members of limited liability companies applying for retail permits; to officers, directors, or stockholders or members of a manufacturer that does not maintain one or more establishments in this state; or to officers, directors, or stockholders of any corporation which on January 31, 2003, had held a wholesale dealer permit continuously for at least the past three years.  The provisions of this Paragraph only apply to a corporation, limited liability company, partnership, or any other legal business entity either organized under the laws of the state of Louisiana or qualified to do business within the state of Louisiana.

(3)  Notwithstanding any other provisions of law to the contrary, the commissioner may accept from a publicly traded corporation, other than any gaming entity regulated pursuant to the provisions of R.S. 27:20 et seq., R.S. 27:41 et seq., or R.S. 27:301 et seq., the necessary documentation of those persons described in Subsection D of this Section and three officers of the corporation in full satisfaction of the requirements of this Section.

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 the applicant 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; however, if a sales tax clearance is not issued, the permit shall be denied.  Nevertheless, if the sales tax clearance request is not processed within the time limitations provided in R.S. 26:78, the permit shall be issued if all other qualifications are met by the applicant.

F.(1)  Notwithstanding the provisions of Subsections A and B, 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 person or persons whose action directly contributed to the applicant's conviction.

(2)  In the granting of a permit, a conviction or plea of guilty or nolo contendere by the applicant shall not constitute an automatic disqualification of the applicant as otherwise required pursuant to the provisions of Paragraph (A)(4) of this Section, if all of the following criteria are met:

(a)  The felony for which the applicant was convicted is not a crime of violence as defined in R.S. 14:2(B).

(b)  Ten years or more have elapsed between the date of application and the successful completion of any sentence, deferred adjudication, or period of probation or parole and the final discharge of the defendant.

G.  Notwithstanding the provisions of Subsections A and B, the commissioner may grant or continue a permit with respect to an applicant, even though the applicant's spouse has been convicted of a felony, if the applicant:

(1)  Had state and local permits prior to the spouse's felony conviction, and

(2)(a)  Has a regime of separation of property, pursuant to Civil Code Article 2370, and is the owner of the premises or has a bona fide written lease therefor, or

(b)  Owns the permitted premises as the applicant's separate property, pursuant to Civil Code Article 2341.

H.(1)  In order to determine the applicant's suitability for a permit, the applicant shall be fingerprinted.  If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety and Corrections, Public Safety Services, office of state police, to the Federal Bureau of Investigation (F.B.I.) for a national criminal history record check.

(2)  In order to determine the applicant's suitability for an alcoholic beverage permit, the office of alcohol and tobacco control shall require the applicant to furnish to the office of alcohol and tobacco control a full set of fingerprints to enable a criminal background investigation to be conducted.  The office of alcohol and tobacco control shall submit the completed fingerprint card to the office of state police.  The office of state police is authorized to submit the fingerprints to the F.B.I. for a national criminal history background check.

(3)  The office of alcohol and tobacco control shall require a background investigation of each applicant for an alcoholic beverage permit by means of fingerprint checks by the office of state police and the F.B.I.

(4)  In addition to the other requirements established by law, the submittal of fingerprints shall be a prerequisite to the issuance of an alcoholic beverage permit by means of fingerprint checks by the office of state police and the F.B.I.

(5)  The office of state police shall require each person applying for an alcoholic beverage permit pursuant to this Chapter to be fingerprinted.  Such fingerprints shall be available for use by the office of state police and for transmittal to the F.B.I. for a national criminal history record check.  The information obtained from the national criminal history record check conducted pursuant to this Section may be used by the office of alcohol and tobacco control to determine the applicant's eligibility for an alcoholic beverage permit.

Amended by Acts 1962, No. 463, §5; Acts 1972, No. 231, §1; Acts 1972, No. 768, §9; Acts 1975, No. 429, §1; Acts 1983, No. 457, §2; Acts 1985, No. 508, §1, eff. July 12, 1985; Acts 1987, No. 696, §1; Acts 1988, No. 865, §1; Acts 1992, No. 976, §1, eff. Jan. 1, 1993; Acts 1993, No. 112, §1; Acts 1993, No. 130, §1; Acts 1995, No. 1016, §1; Acts 1997, No. 766, §1; Acts 1997, No. 778, §1; Acts 2001, No. 1188, §1, eff. June 29, 2001; Acts 2003, No. 519, §1, eff. June 20, 2003; Acts 2003, No. 629, §1; Acts 2006, No. 484, §1.