§ 4-4. Qualifications of applicant for license.

(a)

Qualifications. The permit provided for in this chapter shall only be granted to a person who demonstrates that they meet all of the following qualifications:

(1)

Is a person of good character and reputation and over 18 years of age. In considering a person's good character or reputation, the commissioner may consider a person's arrests in determining suitability.

(2)

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

(3)

Is the owner of the premises, has a bona fide written lease therefor, or is a commercial lessor or a noncommercial lessor licensed pursuant to R.S. 4:701 et seq., exclusively for the sole purpose of conducting charitable gaming.

(4)

Has not been convicted of distributing or possessing with the intent to distribute any controlled dangerous substance classified in schedule I of R.S. 40:964, on any premises licensed pursuant to this title, where the applicant held or holds an interest in the licensed business. The prohibition provided for in this subsection shall be for the lifetime of the offender.

(5)

Has not been convicted of a felony under the laws of the United States, the state or any other state or country.

(6)

Has 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.

(7)

If also applying for a video gaming license under the provisions of R.S. 27:6, has not been convicted in this or in any other state or by the United States or any other country of theft or any crime involving false statements or declarations or gambling as defined by the laws and ordinances of any municipality, any parish, any state or the United States.

(8)

Has 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.

(9)

Has not been adjudged by the commissioner, or convicted by a court of violating any of the provisions of this chapter.

(10)

Has 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.

(11)

Is not the spouse of a person who does not meet the requirements of subsections (a)(1), (3) through (10), and (12) of this section; however, in such cases the age of the ineligible spouse shall be immaterial. For purposes of this subsection, the term "spouse" shall also include persons who are considered married outside of the United States, persons who ordinarily hold themselves out as husband and wife, or persons who file their state and federal income tax returns as either "married filing jointly" or "married filing separate."

(b)

Partnerships, corporations, limited liability companies and managers.

(1)

If the applicant is a partnership recognized by state 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 or manufacturer's 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 or qualified to do business within the state.

(2)

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 state department of revenue business account number, his social security number, and his correct home address. 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; 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 section apply only to a corporation, limited liability company, partnership or any other legal business entity either organized under the laws of the state or qualified to do business within the state.

(3)

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 verification of suitability in accordance with R.S. 26:80(H)(6); 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.

(c)

Consent required and prohibitions.

(1)

An applicant for a new Class A or Class C license shall attach to his application a statement agreeing to the issuance of such license signed by no less than the owners, or their legal representatives, of 70 percent of the lots or tracts of property which lie, in whole or in part, within 300 feet of the boundaries of the applicant's lot or tract upon which the building or structure from which said alcoholic beverages shall be sold.

(2)

In no event shall any Class A or Class C license be issued allowing for the sale of alcoholic beverages from any building or structure which is situated on a lot or a tract of land that has any of its boundaries located within 300 feet or any boundary of any lot or tract of land upon which a church or school is located.

(Code 1968, § 3-4; Ord. No. 351, § 1, 12-8-1970; Ord. No. 547, 12-5-2000)