§ 3-25. Applicants—Qualifications.  


Latest version.
  • (a)

    Each applicant for a permit required by this article shall meet the following qualifications and conditions:

    (1)

    He shall be a person of good character and reputation and over eighteen (18) years of age.

    (2)

    He shall be a citizen of the United States and of the State of Louisiana and a resident of the state continuously for a period of not less than two (2) years next preceding the date of the filing of the application. However, the requirements as to Louisiana citizenship do not apply to dealers in beverages of low alcoholic content who have continuously held permits since July 26, 1944, or to dealers in beverages of high alcoholic content who held permits on or prior to January 1, 1946.

    (3)

    He shall be the owner of the premises or have a bona fide written lease therefor.

    (4)

    He shall not have been convicted of a felony under the laws of the United States, the State of Louisiana or any other state or country.

    (5)

    He shall not have been convicted in this state, 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 in regard to beverages of high alcoholic content permittees or letting a disorderly place in regard to low alcoholic content permittees, or illegally dealing in narcotics.

    (6)

    In regard to a dealer in beverages of low alcoholic content, he shall not have had a license or permit to sell or deal in alcoholic beverages issued by the United States, this state or any other state revoked for five (5) 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 (5) years prior to the application, or in regard to a dealer in beverages of high alcoholic content, he shall not have 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 one year prior to the application, or been convicted or had a judgment of court rendered against him involving alcoholic beverages by this or any other state or by the United States for one year prior to the application.

    (7)

    He shall not have been convicted of violating any of the provisions of state law regulating the sale of alcoholic beverages.

    (8)

    He shall not have been convicted of violation of the provisions of this article.

    (9)

    He shall not be the spouse of a person who does meet the conditions as specified by R.S. 26:79A(9) in regard to dealers in beverages of high alcoholic content or R.S. 26:279A(10) in regard to dealers in beverages of low alcoholic content.

    (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. In regard to permits for beverages of high alcoholic content, each shall furnish his affidavit showing his qualifications, as required of an applicant.

    (c)

    If the applicant is a corporation, all officers and directors and all stockholders owning in the aggregate more than five (5) per cent of the stock and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant, which, in the case of permits for beverages of high alcoholic content, shall be shown by the affidavit of each accompanying the application. However, the requirement as to residence does not apply to officers, directors and stockholders of corporations, in the case of permits for beverages of high alcoholic content, if the corporation was the holder of a permit on July 28, 1948, and was such on January 1, 1947. In regard to permits for beverages of low alcoholic content, the requirements as to citizenship and residence do not apply to officers, directors and stockholders of corporations. Also, in the case of a permit for beverages of low alcoholic content, the corporation shall be either organized under the laws of the State of Louisiana or qualified to do business within the State of Louisiana.

    (d)

    If the applicant's business is to be conducted wholly or partly by one or more managers, agents, servants, employees or other representatives, such person or persons 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 shall be denied.