La. Admin. Code tit. 55 § VII-305

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-305 - Regulation III- Prohibitive Acts

A. Every dealer engaged in the business of dealing in alcoholic beverages shall, upon receipt of the document listing prohibitive acts on licensed premises mailed with all permits, post the same in the premises licensed in a place conspicuous, in full public view, subject to inspection at all times.

B. In connection with R.S. 26:88(5), the following terms are thus defined:

Disturbance of the Peace- those acts as now defined or as may hereafter be defined as such in the criminal laws of this state;

Lewd, Immoral, or Improper Entertainment, Conduct, or Practices- includes, by way of illustration and not limitation, any of the following:

a. lustful, lascivious, or sexually indecent dances;

b. offering one's self for sexual intercourse for hire;

c. crimes against nature as now defined or as may hereafter be defined as such in the criminal laws of this state.

Obscenity- those acts as now defined or as may hereafter be defined as such in the criminal laws of this state.

C. Contest and Game Promotions. Except as otherwise provided by law, contest and game promotions are allowed in accordance with the following restrictions.

1. No manufacturer, wholesaler, or retailer may allow, encourage, or otherwise entice any patron to risk the loss of anything of value or require any purchase payment or proof of purchase as a condition of entering or participating in any contest or game promotion or receiving any prize. Each patron allowed, encouraged, enticed, or required to make any purchase as a condition of entering any contest or game prohibited by this Subsection will constitute a separate violation.

2. No manufacturer, wholesaler, or retailer may collect an entry fee or cover charge as a condition of entering or participating in any contest or game promotion or receiving any prize. Each patron from whom an entry fee or cover charge is collected in violation of this Subsection will constitute a separate violation.

3. No manufacturer, wholesaler, or retailer may collect, hold, redistribute, possess or otherwise handle any prize money on behalf of players in any contest or game. Each patron for or from whom any such prize money is collected, held, or otherwise handled will constitute a separate violation of this Subsection.

4. No manufacturer, wholesaler, or retailer may encourage or otherwise entice any patron to participate in poker, blackjack, craps, or any other gambling game conducted on the licensed premises. Encouragement and enticement includes, but is not limited to, advertising in any form, including broadcast, print, indoor or outdoor signage, and word-of-mouth advertising. Advertising in any form will constitute prima facie evidence of a violation of this Subsection. Each patron responding to any such encouragement or enticement will constitute a separate violation of this Subsection.

5. No manufacturer, wholesaler, or retailer may allow any patron or other third party to conduct, manage, direct, or otherwise organize games, tournaments, or leagues involving multiple tables on their licensed premises. Each patron or other third party conducting, managing, directing, or otherwise organizing such games will constitute a separate violation of this Subsection. Each patron participating in games, tournaments, or leagues played on multiple tables will constitute a separate violation of this Subsection.

6. No manufacturer, wholesaler, or retailer may maintain or furnish any gambling paraphernalia to any patron for purposes of engaging in a contest prohibited by this Subsection. Gambling paraphernalia includes, but is not limited to, playing cards, poker chips, tokens, markers, buttons, card tables, dice, seating cards, and containers or other means of storage of wagers for safekeeping during any prohibited game. Pool or billiard tables, cues, chalk, racks, and balls; darts, dart boards, and score boards; bowling balls and shoes are not subject to provisions of this Subsection.

7. All prizes awarded must be furnished by the retailer hosting, or the sponsor of, any such contest or game promotion. Any and all prizes awarded in violation of this Subsection will constitute a separate violation.

8. Athletic competitions and games, including but not limited to pool or billiards, darts, golf, bowling, and softball, are not subject to provisions of this Section.

9. Legalized gaming, as provided for in R.S. 27:1 et seq., and charitable gaming, as provided for in R.S. 4:701 et seq., are not subject to provisions of this Section

10. Except as otherwise provided by law, contests based on the score of athletic competitions, or the outcomes or scores of a series of athletic competitions, commonly known as "football boards," "basketball pools," and other similar contests, are not subject to provisions of this Section.

D. No retailer may sell or deliver beer, spirits, wine or any other alcoholic beverage, whether high or low alcoholic content, in a retail establishment to any person through any unattended or self-service checkout counter or mechanical device unless the purchaser submits to a clerk a valid driver's license, selective service card, or other lawful identification which on its face establishes the age of the person as 21 years or older and there is no reason to doubt the authenticity and correctness of the identification prior to approaching the self-checkout counter.

1. Violation of Subsection D by a retail dealer's agent, associate, employee, representative, or servant will be considered the retail dealer's act for purposes of suspension or revocation of a permit.

2. Violation of Subsection D subjects the retail dealer to penalties provided in R.S. 26:96 and/or R.S. 26:292, including but not limited to suspension or revocation of his permit and penalty provisions in R.S. 26:171.

E. No retailer may allow the sale, dispensing, or distribution of beverages of high or low alcoholic content in any type of automatic mechanical vending machine activated by the use of a coin, token, or similar instrument except in class A establishments and subject to the following.

1. All state laws regulating retail establishments, including but not limited to, the legal drinking age, service to intoxicated persons, etc. apply and it is the responsibility of the retail dealer to ensure that his business is at all times compliant with all applicable laws and regulations. Violation of any such laws or regulations on the licensed premises will subject the retail dealer to penalties provided in R.S. 26:96 and/or R.S. 26:292, including but not limited to suspension or revocation of his permit and penalty provisions in R.S. 171.

2. All automatic mechanical vending machines are located in a facility where at least one employee is on duty during all hours of operation.

3. All automatic mechanical vending machines are located such that they are within the unobstructed line of sight and within 25 feet of at least one employee during all hours of operation.

4. All patrons must submit to an employee of the retail dealer a valid driver's licenses, selective service card, or other lawful identification which on its face establishes the age of the person as 21 years or older and there is no reason to doubt the authenticity and correctness of the identification prior to approaching any automatic mechanical vending machine containing alcoholic beverages of high or low alcoholic content.

5. All automatic vending machines must be under functioning video surveillance during all hours of operation.

La. Admin. Code tit. 55, § VII-305

Adopted by the Department of Public Safety, Office of Alcoholic Beverage Control, 1968, amended in 1973, filed at the Office of the State Register, 1974, amended by the Department of Revenue, Office of Alcohol and Tobacco Control, LR 31:2034 (August 2005), LR 31:2035 (August 2005), LR 38:2937 (November 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 26:90 and R.S. 26:286.