Louisiana § RS 26:794.1 - Permit exception for hotel and lodging establishments

§ RS 26:794.1. Permit exception for hotel and lodging establishments

            A. Notwithstanding any other provision of law to the contrary, an applicant that meets the requirements set forth in R.S. 26:80 and 280 may be issued a permit exception for hotel and lodging establishments, hereinafter referred to as the "permit", for any establishment which consists of sleeping rooms, cottages, or cabins.

            B.(1) An applicant for the permit shall do all of the following:

            (a) Meet all requirements of R.S. 26:80, 81, 280, and 281.

            (b) Pay all fees for a Class A-General permit as required by R.S. 26:71 and 271.

            (c) Comply with the provisions of R.S. 26:77 and 277.

            (d) Prior to operation, acquire any local alcoholic beverage permit as required by R.S. 26:74 and 274.

            (2) The establishment's location shall meet all of the following requirements:

            (a) The location shall have a public habitable floor area of no less than five hundred square feet dedicated to the exclusive use of the applicant's business.

            (b) If the establishment operates a restaurant or dining area, the restaurant or the dining area's primary function is to serve and take orders for food, food items, and alcoholic beverages which may be served in conjunction with meals for on-premise consumption.

            (c) If the establishment operates a bar, the bar area shall have a permanent wet bar equipped with a nonmovable sink and a backbar or similar equipment for public display and to inform the public of brands and flavors offered for sale.

            (d) The location shall comply with all state and local building, fire, health, and other applicable laws and ordinances.

            (3) The applicant shall comply with all of the following with respect to its operations:

            (a) The applicant shall prohibit any person under eighteen years of age from sitting or loitering at any bar on the premises.

            (b) The applicant may sell and offer for sale only packaged alcoholic beverages from the designated area, as indicated in its application. The applicant may offer complimentary alcoholic beverages to anyone over the age of twenty-one that is occupying its sleeping rooms, cottages, or cabins.

            (c) The applicant shall solely control all alcohol sold and served.

            (d) The applicant shall maintain control of the sale and service of all alcoholic beverages under its permit and the proceeds from the sale of alcohol may not be shared, whether directly or indirectly, with any third person not listed on the application filed with the office of alcohol and tobacco control.

            (e) If the applicant fails to purchase alcoholic beverages for more than six consecutive months for a location, the applicant shall be required to surrender any and all state alcoholic beverage permits issued for that location by the office of alcohol and tobacco control.

            (f) Samplings may be conducted in accordance with the site sampling regulations.

            (g) Prior to being employed by the location, all employees who sell or serve alcohol shall be certified in accordance with the Louisiana Responsible Vendor Program, R.S. 26:931 et seq.

            (h) The applicant shall fully review and comply with all other provisions of this Title and Title 55 of the Louisiana Administrative Code.

            C. This permit shall not:

            (1) Be utilized in lieu of a special event permit.

            (2) Exempt the applicant from prior approval for any festivals and public events.

            (3) Be used as a prerequisite to apply for video poker machines.

            (4) Apply to any change of ownership of the business, including changes to the owner of the applicant, whether in whole or in part. Any such change shall cause this exception permit to be void.

            D. The applicant shall submit written attestation, under penalty of perjury of all affiliated partners, members, officers, directors, and shareholders that the provisions of Subsection B of this Section have been met.

            Acts 2021, No. 290, §1.