City of Monroe, LA

ORDINANCE

STATE OF LOUISIANA

CITY OF MONROE                                                                                    NO.  11,954               

The following Ordinance was introduced by Mrs. Ezernack                         who moved for its adoption and was seconded by Mr.  Wilson                  :

AN ORDINANCE AMENDING PROVISIONS OF CHAPTERS 4 (ALCOHOLIC BEVERAGES) TO ESTABLISH A NEW PERMIT CLASSIFICATION AND CHAPTER 12 (CRIMINAL CODE) OF THE MONROE CITY CODE FURTHER PROVIDING WITH RESPECT THERETO:

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            WHEREAS, the current Monroe City Code of Ordinances contains Chapter 4 entitled “Alcoholic Beverages” and Chapter 12 entitled “Criminal Code”; and

            WHEREAS, state law currently permits the operation of manufacturers and brewers of alcoholic beverages and the City of Monroe does not directly do so; and

            WHEREAS, the City desires to create a new permit classification for manufacturers or brewers and to update its Code to reflect that addition; and

            WHEREAS, the City of Monroe desires to amend its regulations concerning the presence of minors on the premises of certain establishments selling alcoholic beverages and the criminal consequences that flow therefrom;

            NOW THEREFORE, it is hereby ordained that the Chapter 4 of the Monroe City Code entitled “Alcoholic Beverages” and Chapter 12 entitled “Criminal Code” are hereby amended and enacted as follows: and

            THEREFORE, the current Chapter 4 entitled “Alcoholic Beverages” is hereby enacted as follows:

Section 4-1. – Definitions

(3) “Manufacturer or brewer” means any person who, directly or indirectly, personally or through any agency, person, or establishment, engages in the making, blending, rectifying, brewing, or other processing of alcoholic beverages within the City of Monroe. A manufacturer or brewer who operates a brewing facility entirely located in the City of Monroe may sell or serve only those products brewed at that facility to the public only at that facility for consumption on or off the premises but not for resale. The total amount of such sales to the public for any given month shall not exceed ten percent of the total amount of product brewed at that facility monthly or two hundred fifty barrels, whichever is greater. Any manufacturer or brewer who sells its products to the public pursuant to this Paragraph shall remit all state and parish or municipal sales and excise taxes to the proper tax collecting authority for all products sold to the public. A manufacturer or brewer who sells or serves its products to the public pursuant to this Paragraph, shall comply with all local zoning laws and regulations.

Section 4-2. - License—Required, prior payment of fee before issuance; high-content license includes low-content license.

Every retail dealer and every wholesale dealer in alcoholic beverages of low alcoholic content or alcoholic beverages of high alcoholic content and any private club or bottle club, or manufacturer or brewer, is hereby required to obtain from the city for each year an appropriate license to conduct such business during each year in which such business is to be conducted, the issuance of which shall be conditioned upon the prior payment of the license fee levied in section 4-13. A license to sell alcoholic beverages of high alcoholic content shall include, and obviate the necessity of, a license to sell alcoholic beverages of low alcoholic content.

Sec. 4-6. - Same—Separate license required; transferability; changing location and other changes.

(a) Separate licenses shall be required for each place of business operated by a retail dealer, wholesale dealer bottle club, or private club, or manufacturer or brewer. All licenses issued hereunder shall be personal and nontransferable and shall become void upon the death of the licensee. If the business changes hands during the period for which the license was issued, a new license must be applied for and paid to the city tax collector within fifteen (15) days of the date of change. The original licensee failing to notify the city tax collector of any such change in the license within the fifteen (15) calendar day period shall be assessed ten dollars ($10.00) per day for each day of noncompliance. A retail dealer, or wholesale dealer, or manufacturer or brewer shall conduct his business only in the licensed premises, which premises shall include the lot of the licensee but shall exclude the sidewalk, street curb, and street adjacent thereto; and no license issued hereunder shall authorize the conducting of business in any changed location except upon application therefor submitted to the city council, which may grant or deny it as it deems advisable.

Sec. 4-7. - Same—Revocation, refusal to issue.

In the exercise of its police power, whenever deemed advisable and for the general welfare, under this chapter or any applicable law of Louisiana, the city council may, for good cause, revoke any permit previously issued. If any retail dealer or manufacturer or brewer has conducted, operated or permitted his place of business so as to become a dive, disorderly place or nuisance, any application for the renewal of his license or permit hereunder may be refused.

Sec. 4-9. - License applications—Where and when filed, delinquency penalty.

(a) All applications for licenses for new businesses shall be filed with the tax collector of the city.

(b) Applications for renewals for a license shall be filed with the tax collector of the city on or before the thirty-first day of October for the ensuing year.

(c) Should any retail dealer, wholesale dealer, bottle club, or private club, or manufacturer or brewer fail to file an application for the renewal of a license for the ensuing year on or before the thirty-first day of October, a delinquency penalty shall be imposed of five (5) per cent of the amount due for the permit applied for if the failure is for not more than thirty (30) days, with an additional five (5) per cent for each additional thirty (30) days or fraction thereof during which the failure continues. If the application for the renewal of a license is not filed until on or after January first of the year for which the license is required, the application may be denied.

Sec. 4-13. - Alcoholic beverage business—License fees.

There is hereby levied an annual license fee against all persons, corporations or partnerships who may engage in the business of selling, either retail or wholesale, offering for sale, serving, or allowing the consumption of alcoholic beverages in the city. The fees are assessed as follows:

(a) Class A liquor retail dealer ..... $500.00

(b) Class B liquor retail dealer (off-premises only) ..... 500.00

(c) Class C beer retail dealer ..... 75.00

(d) Class D beer retail dealer (off-premises only) ..... 60.00

(e) Class E private clubs ..... 500.00

(f) Class F bottle clubs ..... 100.00

(g) Class G wholesale liquor ..... 500.00

(h) Class H wholesale beer ..... 100.00

(i) Class R ..... 25.00

(j) Class R temporary ..... 10.00

(k) Class M manufacturer or brewer ..... 500.00

Sec. 4-32. - Minors prohibited on licensed premises; exceptions.

(a) Generally.

(1) It shall be unlawful for anyone under the age of eighteen (18) to visit, loiter, or enter in or upon the premises of any place of business licensed under this chapter, except for any bona fide drugstore, restaurant, hotel, motel or grocery store, subject to the provisions of subsection (b) of this section.

(2) It shall be unlawful for anyone under the age of eighteen (18) to visit, loiter or enter in or upon any portion of the premises of any drugstore, restaurant, hotel, motel or grocery store used exclusively for the sale, consumption or serving alcoholic beverages, subject to the provisions of subsection (b) of this section.

(b) Exceptions. Minors are prohibited on licensed premises except as follows:

(1) For an established religious purpose;

(2) At a function sponsored by a bona fide nonprofit organization under 26 U.S.C. 501(c) where an individual has received or purchased a ticket for admission;

(3) On the premises of a manufacturer or brewer holding a Class M license when the person under eighteen (18) years of age is accompanied by a parent or legal guardian twenty-one (21) years of age or older.  This exception applies only during the hours of 8:00 a.m. to 8:00 p.m., Monday through Saturday, and from 12:00 p.m. to 8:00 p.m. on Sundays. In no event shall a minor be permitted to enter or remain on the premises without the direct supervision of a parent or legal guardian twenty-one (21) years of age or older, and minors are strictly prohibited from purchasing, possessing or consuming alcohol for on or off premises consumption.

(4) The sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful employment of a person under twenty-one (21) years of age by a duly licensed manufacturer, wholesaler, or retailer of alcoholic beverages.

(c) Anyone under the age of seventeen (17) who is found guilty of violating this section shall be dealt with in the manner provided by law for juveniles.

(d) Anyone over the age of seventeen (17) who is found guilty of violating the provisions of this section shall be fined not more than one hundred dollars ($100.00) or imprisoned for not more than six (6) months, or both. Any person apprehended while violating the provisions of this section shall be issued a citation by the apprehending law enforcement officer, which shall be paid in the same manner as provided for the offender of local traffic violations.

Sec. 12-117. - Contributing to delinquency of juveniles.

It shall be unlawful to contribute to the delinquency of juveniles. Contributing to the delinquency of juveniles is the intentional enticing, aiding, or permitting, by anyone over the age of seventeen (17), of any child under the age of seventeen (17) to:

(1) Beg, sing, sell any article or play any musical instrument in any public place for the purpose of receiving alms; or

(2) Associate with any vicious or disreputable persons, or frequent places where the same may be found; or

(3) Visit any place where spirituous or intoxicating liquors are the principal commodity sold, given away or consumed, except as permitted by Section 4-32; or

(4) Visit any place where any gambling device is found, or where gambling habitually occurs; or

(5) Habitually trespass where it is recognized he has no right to be; or

(6) Use any vile, obscene, or indecent language; or

(7) Perform any sexually immoral act; or

(8) Absent himself or remain away, without authority of his parents or tutor, from his home or place of abode; or

(9) Violate any law of the state within the city or ordinance of the city; or (10) Visit any place where sexually indecent and obscene material, of any nature, is offered for sale, displayed or exhibited.

Lack of knowledge of the juvenile's age shall not be a defense.

Sec. 12-117.2. - Enticing of a juvenile.

(a) Enticing of a juvenile is the intentional enticing, aiding, permitting, secreting, persuading, and/or causing, by anyone over the age of seventeen (17), of any child under the age of seventeen (17), and no exception shall be made for a child who may be emancipated by marriage or otherwise, to:

(1) Beg, sing, sell any article or play any musical instrument in any public place for the purpose of receiving alms;

(2) Associate with any vicious or disreputable persons, or frequent or visit a place or places where the same may be found;

(3) Visit any place where beverages of either high or low alcoholic content are the principal commodity sold or given away, except as permitted by Section 4-32;

(4) Visit any place where any gambling device or activity is the principal commodity sold or given away;

(5) Habitually trespass where it is recognized the juvenile and or offender has no right to be;

(6) Use any vile, obscene or indecent language;

(7) Perform any sexually immoral act; or visit any place where sexually indecent and obscene material, of any nature, is offered for sale, displayed, or exhibited;

(8) Absent himself or remain away, without the authority of his parents or tutor, from his home or place of abode;

(9) Violate any law of the state or ordinance of any parish, village, town or municipality; or

(10) Leave, go away from, stray, or absent himself from a school campus during regular school hours and/or during a regularly conducted or recognized school activity without the consent or permission of the juvenile's parent, guardian, tutor, or school supervisor.

(b) Lack of knowledge of the juvenile's age shall not constitute a defense.

(c) The manner of enticement is not essential to the completion of this crime.

(d) Whoever commits the crime of enticement of a juvenile shall be fined not more than five hundred dollars ($500.00), or imprisoned for not more than six (6) months, or both.

(e) Whoever commits the crime of enticement of a juvenile under paragraph (10) shall be fined not less than five hundred dollars ($500.00), or imprisoned for not more than six (6) months, or both.

THE COUNCIL OF THE CITY OF MONROE HEREBY ORDAINS, that if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

This Ordinance was INTRODUCED on the  27th day of  August          , 2019.

NOTICE PUBLISHED on  August 30th    , 2019.

This Ordinance having been submitted in writing, introduced, and published was then submitted to a final vote as a whole, the vote thereon being as follows:

AYES:            Echols, Ezernack, Woods & Wilson

NAYS:            None.

ABSENT:      Clark

And the Ordinance was declared ADOPTED on the  10th    day of  September          , 2019.

                                                                                          Juanita G. Woods                                  

                                                                                                                 CHAIRPERSON

Carolus S. Riley                                

CITY CLERK

James E. Mayo                                 

MAYOR'S APPROVAL

MAYOR'S VETO