§ 50-59. Acts prohibited on licensed premises; suspension or revocation of permits.

No person holding a retail dealer's permit and no servant, agent, or employee of the permittee shall do any of the following acts upon the licensed premises:

(1)

(a)

Sell or serve alcoholic beverages to any person under the age of 21 years, unless such person submits any one of the following listed in subsection (1)(b) below.

(b)

Each form of identification listed above must on its face establish the age of the person as 21 years or older, and there must be no reason to doubt the authenticity or correctness of the identification. No form of identification mentioned above shall be accepted as proof of age if it is expired, defaced, mutilated or altered. If the driver's license, state identification card or lawful identification submitted is a duplicate, the person shall submit additional identification which contains the name, date of birth and photograph of the person. In addition, an educational institutional identification card, check cashing identification card, or employee identification card shall not be considered as lawful identification for the purposes of this paragraph.

(2)

Sell or serve beverages of low alcoholic content to any intoxicated person.

(3)

Intentionally entice, aid, or permit any person under the age of 18 years to visit or loiter in or about any place where alcoholic beverages are the principal commodities sold, handled, or given away.

(4)

Permit any prostitute to frequent the licensed premises, or to solicit patrons for prostitution on the licensed premises.

(5)

Permit any disturbance of the peace or obscenity, or any lewd, immoral, or improper entertainment, conduct, or practices on the licensed premises.

a.

Attire and conduct. The following acts or conduct on licensed premises are deemed to constitute lewd, immoral, or improper entertainment as prohibited by this section and therefore no on-sale permit for beverages of low alcoholic content shall be held at any premises where such conduct or acts are permitted:

1.

To employ or use any person in the sale or service of alcoholic beverage in or upon the licenses premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below a point immediately above the top of the areola or any portion of the pubic region, anus, any of the buttocks area or any portion of the genitals.

2.

To employ or use the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subsection a.1. above.

3.

To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

4.

To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.

b.

Entertainers and conduct. Acts or conduct on licensed premises in violation of this section are deemed to constitute lewd, immoral or improper entertainment as prohibited by this section and therefore no on-sale permit for beverages of low alcoholic content shall be held at any premises where such conduct and acts are permitted.

Live entertainment is permitted on any licensed premises, except that:

1.

No permittee shall permit any person to perform acts of or acts which simulate:

(i)

Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

(ii)

The touching, caressing or fondling of the breast, buttocks, anus, or genitals.

(iii)

The displaying of the human genitals, the pubic region, any of the buttocks area, and the female breast area below a point immediately above the top of the areola.

2.

Subject to the provisions of subsection (b)1. hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at lease 18 inches above the immediate floor level and removed at least three feet from the nearest patron.

No permittee shall permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above.

c.

Visual displays. The following acts or conduct or licensed premises are deemed to constitute lewd, immoral, or improper entertainment as prohibited by this section and therefore no on-sale permit for beverages of low alcoholic content shall be held at any premises where such conduct or acts are permitted:

The showing of film, still pictures, electronic reproduction, or other visual reproductions depicting:

1.

Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality oral copulation, flagellation or any sexual acts which are prohibited by law.

2.

Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals.

3.

Scenes wherein a person displays the vulva or the anus or the genitals.

3.

Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.

(6)

Sell, offer for sale, possess, or permit the consumption on the licensed premises of any kind or type of alcoholic beverages, the sale, or possession of which is not authorized under his permit.

(7)

Intentionally conduct illegal gambling, as defined by law, on the premises described in the application for the permit.

(8)

Employ or permit females, commonly known as B girls, to solicit patrons for drinks and to accept drinks from patrons and receive therefor any commission or any remuneration in any other way.

(9)

Employ anyone under 18 years of age when the sale of alcoholic beverages constitutes the main business. If alcoholic beverages do not constitute the main business, an employee under 18 years of age shall not handle or work with alcoholic beverages.

(10)

Allow the sale, dispensing, or distribution of beverages of low alcoholic content in any type of automatic mechanical vending machine activated by the use of a coin, token, or similar instrument. The provisions of this subsection shall not apply to establishments exempt from holding permits under this chapter.

(11)

Permit the playing of pool or billiards by any person under 18 years of age, or permit such a person to frequent the licensed premises operating a pool or billiard hall.

(12)

Illegally sell, offer for sale, possess, or permit the consumption on or about the licensed premises of any kind or type of narcotics or habit forming drugs.

(13)

Accept food stamp coupons as payment of alcoholic beverages in violation of the provisions of Public Law 88-525 and Regulation 1600.2 (i) issued pursuant to that section of the federal statute by the United States secretary of agriculture.

Violation of this section by a retail dealer's agent, associate, employee, representative, or servant shall be considered the retail dealer's act for purposes of suspension or revocation of the permit.

Violation of this section is punishable as provided in section 1-21, this Code, and is also sufficient cause for the suspension or revocation of a permit.

Notwithstanding the issuance of a permit by way of renewal, the commissioner of alcoholic beverage control may revoke or suspend such permit, as prescribed by this chapter. For violations of the section occurring during the permit period immediately preceding the issuance of such permit.

(R.S. 26:285; Ord. No. 13/96, § X, 6-10-96; Ord. No. 12/01, §§ C, D, 7-23-01)

Cross reference

List of prohibited acts on premises licensed to sell beverages of high alcoholic content, § 50-14.