§ 5-73. Qualifications of applicants.

(a)

Applicants for permits of all kinds under this article shall meet the following qualifications and conditions:

(1)

Is a person of good character and reputation and over 18 years of age.

(2)

Is a citizen of the United States and of this state and a resident of this 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 Louisiana citizenship do not apply to wholesale or retail dealers who have continuously held permits since July 26, 1944.

(3)

Is the owner of the premises or has a bona fide written lease therefor. In cases where the applicant holds a bona fide written lease, the name and current address of the lessor shall be shown on the application form filed with the collector.

(4)

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

(5)

Has not been convicted in this or in any other state or by the United States of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place, or illegally dealing in narcotics.

(6)

Has not had a license or permit to sell or deal in alcoholic beverages, issued by the United States or any other state, revoked for five years prior to the application, or been convicted or had judgment against him involving alcoholic beverages by this or any other state or by the United States for five years prior to the application.

(7)

Has not been convicted of violating any of the provisions of this chapter.

(8)

Has not been convicted of violating any municipal or parish ordinance relating to beverages of low alcoholic content adopted pursuant to the provisions of R.S. 26:493. In such a case, the granting or denial of a permit is within the discretion of the local licensing authorities.

(9)

Not owe the state or local government subdivisions in which the application is made any delinquent taxes, penalties, or interest excluding items under formal appeal pursuant to applicable statutes.

(10)

Is not the spouse of a person who does not meet the requirements of subsections (a)(1) and (a)(4) through (8) of this section; provided, that in such cases the age of the ineligible spouse shall be immaterial.

(b)

If the applicant is a partnership or anyone in partnership with or financed by another, all members of the partnership or all the persons furnishing the money shall also possess the qualifications required of the applicant. The application shall name all partners or financial backers and furnish their proper addresses.

(c)

If the applicant is a corporation, all officers and directors and all stockholders owning in the aggregate more than five percent of the stock and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant. However, the requirements as to citizenship and residence do not apply to officers, directors, and stockholders of corporations. The corporation shall be either organized under the laws of the state or qualified to do business within the state.

(d)

If the applicant's business is to be conducted wholly or partly by one or more managers, agents, servants, employees or other representatives, that person shall also possess the qualifications required of the applicant.

(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, suspended or revoked.

(Ord. No. 05-06, 3-28-05)

State law reference

Qualification of applicants for permits, R.S. 26:80 and 280.