IV. Federal and State Laws Governing the Sale and Distribution of Alcohol and Tobacco

Tobacco and Alcohol Regulations

FEDERAL REGULATIONS

  1. In October of 2000, Congress enacted a law P.L. 106-346) that requires every state in the United States to lower its DWI blood alcohol level to .08% by September 30, 2003. Those states that do not lower their DWI blood alcohol level to .08% by September 30, 2003, will lose a portion of their Federal-aid highway funds.
  2. No sales to Persons Under Age 21. Like under state law, federal law also requires that you must not sell tobacco products to persons below the age of 21. 3. Verification of Age of Persons Under 27. You must verify & the age of customers under the age of 27 by requesting a photographic identification containing the bearer’s birth date

STATE REGULATIONS

R.S. 14:91.6 Unlawful distribution of sample tobacco products to persons under age eighteen; penalty

A. No person shall distribute or cause to be distributed to persons under eighteen years of age a promotional sample of any tobacco product

B. For purposes of this section, the following definitions apply:

  • (1) “Tobacco product” means any cigar, cigarette, smokeless tobacco, or smoking tobacco.
  • (2) “Cigar” means any roll of tobacco for smoking, irrespective of size or shape, and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient where such roll has a wrapper made chiefly of tobacco.
  • (3) “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper, or any other material, except where such wrapper is wholly or in greater part made of tobacco.
  • (4) “Smokeless tobacco” means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity.
  • (5) “Smoking tobacco” means granulated, plug cut, crimp cut, ready rubbed, and in any other kind and form of tobacco prepared in such manner as to be suitable for smoking in a pipe or cigarette.

C. Penalty: Whoever violates a provision of this section shall be fined not less than one hundred dollars nor more than five hundred dollars upon conviction.

R.S. 14.91.8 Unlawful sale, purchase, or possession of tobacco; signs required; penalties

A. This section shall be known and may be cited as the “Prevention of Youth Access to Tobacco Law.”

B. It is the intent of the legislature that enforcement of this section shall be implemented in an equitable manner throughout the state. For the purpose of equitable and uniform implementation and application of state and local laws and regulations, the provisions of this section shall supersede existing or subsequently adopted local ordinances or regulations which relate to the sale, promotion, and distribution of tobacco products. It is the intent of the legislature that this section shall be equitably enforced so as to ensure the eligibility for and receipt of any federal funds or grants the state now receives or may receive relating to the provisions of this section.

C.  It is unlawful for any manufacturer, distributor, retailer, or other person knowingly to sell or distribute any tobacco product to a person under the age of eighteen. However, it shall not be unlawful for a person under the age of eighteen to accept receipt of a tobacco product from an employer when required in the performance of such person’s duties. At the point of purchase, a sign in type not less than 30-point type shall be displayed that reads, “LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO TO PERSONS UNDER THE AGE 21” or words of similar meaning.

D. It is unlawful for a vending machine operator to place in use a vending machine to vend any tobacco product automatically, unless the machine displays a sign or sticker in not less than 22-point type on the front of the machine stating, “LOUISIANA LAW PROHIBITS THE SALE OF TOBACCO TO PERSONS UNDER THE AGE 21,” or words of similar meaning.

E. It is unlawful for any person under the age of 21 to buy any tobacco product.

F.

  1. It is unlawful for any person under the age of 21 to possess any tobacco product.
  2. However, it shall not be unlawful for a person under the age of 21 to possess a tobacco product under any of the following circumstances:
    • (a) When a person under 21 years of age is accompanied by a parent, spouse, or legal guardian twenty-one years of age or older.           
    • (b) In private residences.
    • (c) When the tobacco product is handled during the course and scope of his employment and required in the performance of such a person’s duties.

G. For purposes of this section, the following definitions apply:

  1. “Tobacco product” means any cigar, cigarette, smokeless tobacco, or smoking tobacco.
  2. “Cigar” means any roll of tobacco for smoking, irrespective of size or shape, and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient where such roll has a wrapper made chiefly of tobacco.
  3. “Cigarette” means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper, or any other material, except where such wrapper is wholly or in greater part made of tobacco.
  4. “Smokeless tobacco” means any finely cut, ground, powdered, or leaf tobacco that is intended to be placed in the oral or nasal cavity.
  5. “Smoking tobacco” means granulated, plug cut, crimp cut, ready rubbed, and in any other kind and form of tobacco prepared in such manner as to be suitable for smoking in a pipe or cigarette.

H. Penalties

  1. A person who violates the provisions of this section by selling or buying tobacco products shall be fined not more than fifty dollars for the first violation. The penalties for subsequent violations shall be a fine of not more than one hundred dollars for the second violation, a fine of not more than two hundred fifty dollars for the third violation, and a fine of not more than four hundred dollars for any violation thereafter.
  2. A person who violates the provisions of this section by possessing tobacco products shall be fined not more than fifty dollars for each violation.

G. Penalties: A violation of the signage requirement of Subsection C of this section shall be deemed to be a violation by the owner of the establishment where the violation occurred. A violation of the signage requirement of Subsection D of this section shall be deemed to be a violation by the owner of the vending machine. For the first such violation, the owner shall be fined not more than fifty dollars. The penalties for subsequent violations shall be a fine of not more than one hundred dollars for the second violation, a fine of not more than two hundred fifty dollars for the third violation, and a fine of not more than five hundred dollars for each violation thereafter.

26:910. Additional Tobacco Laws and Regulations:

Vending machines In order to prevent persons under 21 years of age from purchasing or receiving tobacco products from vending machines, the sale or delivery of tobacco products through a vending machine is prohibited unless either:

  1. The machine is located in an establishment to which persons under the age of 21 are denied access.
  2. The machine is located in facilities where the dealer ensures that no person younger than 21 years of age is present or permitted to enter at any time and the machine is located within the unobstructed line of sight of a dealer or a dealer’s agent or employee who is responsible for preventing persons younger than 21 years of age from purchasing tobacco products through that machine.

26:911. Acts prohibited

A. No person, agent, associate, employee, representative, or servant of any person shall permit any of the following acts to be done on or about any premises which sells or offers for sale tobacco products:

  1. Sell or serve tobacco products over-the-counter in a retail establishment to any person under the age of 21 unless such person submits a 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 or correctness of the identification.
  2. Violate the terms and provisions of R. S. 14:91.6 relative to the unlawful distribution of tobacco products.
  3. Violate the terms and provisions of the “Prevention of Youth Access to Tobacco Law” under R.S. 14:91.8.

B.

  1. No retail dealer shall purchase tobacco products for resale except from a wholesale dealer operating with a valid unsuspended wholesale dealer permit, except as provided for in this Chapter. 
  2. No wholesale dealer shall sell tobacco products for resale except to a retail dealer operating with either a valid registration certificate or a valid unsuspended permit.

C. No wholesale dealer shall sell to a retail dealer and no retail dealer shall sell to the public single cigarettes. No individual package of cigarettes shall be sold in packages containing less than twenty cigarettes. No cigarette or smokeless tobacco product shall be sold to the public except in an unopened package originating with the manufacturer bearing the health warning required by federal law, and shall evidence that the applicable tax under Chapter 8 of Title 47 of the Louisiana Revised Statutes of 1950 has been paid.

Prohibited Acts with Respect to Tobacco, Alternative Nicotine and Vapor Product Sales (Title 26:911)

No person, agent, associate, employee, representative, or servant of any person shall permit any of the following acts to be done on or about any premises which sells or offers for sale tobacco products, alternative nicotine products, or vapor products:

  1. Sell or serve tobacco products, alternative nicotine products, or vapor products overthe-counter in a retail establishment to any person under the age of eighteen unless such person submits a driver’s license, selective service card, or other lawful identification which, on it face establishes the age of the person as eighteen years or older and there is no reason to doubt the authenticity or correctness of the identification.
  2. Violate the “Prevention of Youth Access to Tobacco” law, under La. R.S. 14:91.6 and La. R.S. 14:91.8.
  3. No wholesale dealer shall sell to a retail dealer and no retail dealer shall sell to the public single cigarettes.
  4. No individual package of cigarettes shall be sold or distributed in individual packages containing fewer than twenty cigarettes.
  5. No smoking tobacco intended for use as roll-your-own smoking tobacco for cigarettes shall be sold or distributed in individual packages containing less than six-tenths of one ounce of smoking tobacco.
  6. No cigarette or smokeless tobacco product shall be sold to the public except in an unopened package originating with the manufacturer, bearing the health warning required by federal law, and evidencing that the applicable tax under Chapter 8 of Subtitle II of Title 47 of the Louisiana Revised Statutes of 1950 has been paid.
  7. No retail dealer shall purchase tobacco products for resale except from a wholesale dealer.
  8. No wholesale dealer shall sell tobacco products for resale except to a retail dealer 9. Any tobacconist at a particular retail outlet may purchase tobacco products for such retail outlet from any manufacturer, wholesale dealer, or other supplier. “Tobacconist at a particular outlet” means a retail dealer engaged in receiving bulk smoking tobacco for the purpose of blending such tobacco for retail sale at a particular retail outlet where fifty percent or more of the total purchases for the preceding twelve months were purchases of tobacco products, excluding cigarettes.

Additional Penalties (for violation of 26:910 and 26:911) Notwithstanding any other provisions of this Chapter to the contrary, the commissioner may, in lieu of or in addition to revocation or suspension of a permit issued under the authority of this Chapter, impose the following schedule of fines to be paid into the state treasury:

  1. For a first offense, not less than fifty dollars but not more than five hundred dollars.
  2. For a second offense, which occurs within two years of the first offense, not less than two hundred fifty dollars, but not more than one thousand dollars.
  3. A third offense, which occurs within two years of the first offense, not less than five hundred dollars but not more than two thousand five hundred dollars.

14:93.10 Definitions – Alcohol

For purposes of R.S. 14:93.10 through 93.14, the following definitions shall apply:
(1) “Purchase” means acquisition by the payment of money or other consideration.
(2) “Public possession” means the possession of any alcoholic beverage for any reason, including consumption, on any street or highway or in any public place or any place open to the public, including a club which is de facto open to the public. “Public possession” does not include the following:

  • (a) The possession or consumption of any alcoholic beverage:   (i) For an established religious purpose.   (ii) When a person under twenty-one years of age is accompanied by a parent or legal custodian twenty-one years of age or older.  (iii) For medical purposes when prescribed or administered by a licensed physician,  pharmacist, dentist, nurse, hospital, or medical institution.  (iv) In private residences. 
  • (b) The sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful employment of a person under twenty-one years of age by a duly licensed manufacturer, wholesaler, or retailer of beverage alcohol.


(3) “Alcoholic beverage” means beer, distilled spirits, and wine containing one-half of one percent or more of alcohol by volume. Beer includes but is not limited to ale, lager, porter, stout, sake, and other similar fermented beverages brewed or produced from malt wholly or in part or from any substitute therefor. Distilled spirits include alcohol, ethanol, or spirits or wine in any form, including all dilutions and mixtures thereof from whatever process produced.

14:93.11 Unlawful sales to persons under twenty-one (21)

A. Unlawful sales to persons under twenty-one is the selling or otherwise delivering for value of any alcoholic beverage to any person under twenty-one years of age. Lack of knowledge of the person’s age shall not be a defense. 

B. Penalty:  Whoever violates the provisions of this section shall be fined not more than one hundred dollars or imprisoned for not more than six months, or both. 

14:93.12. Purchase and public possession of alcoholic beverages; exceptions; penalties

A. It is unlawful for any person under twenty-one years of age to purchase or have public possession of any alcoholic beverage.   Penalties:  (1) Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.   (2)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 offenders of local traffic violations.


14:93.13. Unlawful purchase of alcoholic beverages by persons on behalf of persons under twenty-one

A. It is unlawful for any person, other than a  parent or legal custodian as specified in R.S.  14:93.10(2)(a)(iii), to purchase on behalf of a  person under twenty-one years of age any alcoholic beverage.
B. Penalty: Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both. 


14:93.14. Responsibilities of retail dealers not relieved.

Nothing in R.S. 14:93.10 through 93.13 shall be construed as relieving any licensed retail dealer in alcoholic beverages any responsibilities imposed under the provisions of Title 26 of the Louisiana Revised Statutes of  1950. 

14:333. Misrepresentation of age to obtain alcoholic beverages or gain entry to licensed premises prohibited; penalties.

It is unlawful for any person under the age of twenty-one years to present or offer to any person having a license or permit to sell alcoholic beverages, under Title 26 of the Louisiana Revised Statutes of 1950, or to his agent or employee any written, printed, or photostatic evidence of age and identity which is false, fraudulent, or not actually his own for the purpose of obtaining or purchasing alcoholic beverages or attempting to enter the licensed premises. 

B. Penalities: Whoever violates the provisions of this Section shall be punishable by one or more of the following:  (1) A fine of not more than two hundred dollars.  (2) An appropriate amount of community service not to exceed thirty hours.  (3) Suspension of the violator’s driver’s license for ninety days.
C. As used in this Section, “licensed premises”  means an establishment licensed under Title 26  of the Louisiana Revised Statutes of 1950  where the sale of alcoholic beverages constitutes its main business. 


26:90. Acts prohibited on licensed premises; suspension or revocation of permits

A. No person holding a retail dealer’s permit and no agent, associate, employee, representative, or servant of any such person shall do or permit any of the following acts to be done on or about the licensed premises: 

(1) (a) Sell or serve alcoholic beverages to any person under the age of twenty-one years, unless such person submits any one of the following: (i) A valid, current Louisiana driver’s license which contains a photograph of the person presenting the driver’s license. (ii) A valid, current, driver’s license of another state which contains a photograph of the person and birth date of the person submitting the driver’s license. (iii) A valid, current, special identification card issued by the state of Louisiana pursuant to R.S. 40:1321 containing a photograph of the person submitting the identification card, (iv) A valid, current, passport or visa issued by the federal government or another country or nation, that contains a permanently attached photograph of the  person and the date of birth of the person submitting the passport or visa.  (v) A valid, current, military or federal identification card issued by the federal government containing a photograph of the person and date of birth of the person submitting the identification card.
 (b) Each form of identification listed above must on its face establish the age of the person as twenty-one 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 institution 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 alcoholic beverages to any intoxicated person.

(3) (a) Intentionally entice, aid, or permit any person under the age of eighteen years to visit or loiter in or about any place where alcoholic beverages or beer are the principal commodities sold, handled, or given away. This provision of this Section shall in no way prohibit the presence of any person under the age of eighteen years on or about a licensed premises for any function sponsored by a religious or charitable organization with tax exempt status under Section 501(3) of the Internal Revenue Code of the United States, or by a fraternal beneficiary society with tax exempt status under 50 1(8) of the said code, and no alcoholic beverages are sold, handled, given away, or accessible during the presence of any such person.
(b) Permit any person under eighteen years of age to work in any capacity unless that person is a musician performing in a band on the premises under written contract for a specified period of time by the permittee, and the musician is under direct supervision of his parent or legal guardian.

(4) Permit any prostitute to frequent the licensed premises of to solicit patrons for prostitution on the licensed premises.

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

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

(7) Employ or permit persons, commonly known as B drinkers, to solicit patrons for drinks and to accept drinks from patrons and receive therefore any commission or remuneration in any other way.

(8) (a) Employ anyone under the age of eighteen in any capacity in an establishment where the sale of alcoholic beverages constitutes its main business. 
(b) If the sale or handling of alcoholic beverages does not constitute the main business and alcoholic beverages are not sold for consumption on the premises, an employee under the age of eighteen years may be permitted to participate in the sale of packaged alcoholic beverages to collect the price and taxes and issue receipts therefore, or may be permitted to bag packaged alcoholic beverages, or both, where immediate supervision is provided. 
(c) A person must be 18 years old to enter a bar.

(9) Fail to keep the premises clean and sanitary.

(10) Permit the playing of pool or billiards by any person under eighteen years of age, or permit such a person to visit or frequent the licensed premises operating a pool or billiard hall, except in a structure where the position of the pool or billiards playing area is separate and distinct from the area where alcoholic beverages are dispensed to patrons.

(11) 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.

(12) Accept food stamp coupons as payment for 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. 

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

(14) (a) Play live or recorded music which is so unreasonably intrusive or offensive as to interfere with the comfortable enjoyment of the property of a person residing within two hundred feet of the premises. This prohibition shall not apply to any licensed premises which are not located within two hundred feet of a residence or which were not located within two hundred feet of a residence on the date that the first permit was granted for the premises or to any licensed premises which are not located in an unzoned unincorporated area. This prohibition shall not apply to any premises which provide an entry area with two separate doors or sets of doors separating the exterior of the entrance from the area where music is played. Any licensed premises which are not, on the effective date of this Paragraph, in compliance with the provisions of this Paragraph, shall have a reasonable time either to modify the premises to comply with this Paragraph or to cease the playing of music as described herein.
(b)Any person residing within two hundred feet of licensed premises on which is played live or recorded music which is so unreasonable, intrusive, or offensive as to interfere with the comfortable enjoyment of his property shall have a cause of action for damages and may obtain injunctive relief if the premises are not in compliance with the provisions of this Paragraph.

(15) Sell or serve any alcoholic beverages at a price fixed on an “all you can drink” basis after the hour of 10:00 p.m. 

B. 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 high alcoholic content shall be held at any premises where such conduct or acts are permitted: (1) Employment or use of any person in the sale or service of alcoholic beverages in or upon the licensed 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 the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals. (2) Employment or use of the services of any hostess or other person to mingle with the patrons while such hostess or other person in unclothed or in such attire, costume, -or clothing as described in paragraph (1) of this Subsection. (3) Encouraging or permitting any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus, or genitals of any other person. (4) Permitting 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

C. 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 high alcoholic content shall be held at any premises where such conduct and acts are permitted

D. Live entertainment is permitted on any licensed premises, except that no permittee shall permit any person to perform acts of or acts which simulate: 1. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law. 2. The touching; caressing or fondling of the breast, buttocks, anus, or genitals 3. The displaying of the pubic hair, anus, vulva, genitals, or nipple of the female breast.

E. Subject to the provisions of Subsection D of this Section, entertainers whose breasts or buttocks are exposed to view shall perform only upon a stage at least eighteen inches above the immediate floor level and removed at least three feet from the nearest patron.

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

G. The following acts or conduct on licensed premises are deemed to constitute lewd, immoral, or improper entertainment as prohibited by the Section and therefore no on- sale permit for beverages of high alcoholic content shall be held at any premises where such conduct or acts are permitted, including 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. (4) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.

Penalties: 

H. Violation of this Section by a retail dealer’s agent, associate, employee, representative, or savant shall be considered the retail dealer’s act for purposes of suspension or revocation of a permit.

I. Violation of this Section is punishable as provided in R.S. 26:171 and is also sufficient cause for the suspension or revocation of a permit

J. Notwithstanding the issuance of a permit by way of renewal, the commissioner may revoke or suspend such permit, as prescribed by this Chapter, for violations of this Section occurring during the permit period immediately preceding the issuance of such permit. 

26:91. Additional causes for Suspension or revocation of permits.

A. In addition to any other causes enumerated in the above section, the commissioner may suspend or revoke any permit for any one of the following causes: (1) If the applicant or any of the persons who must possess the same qualifications failed to possess the qualifications required in R.S. 26:80 at the time of application or fails to maintain such qualifications during the licensed year. (2) If there was any misstatement or suppression of fact in the application for the permit. (3) If the permit was issued to an interposed person in contravention of R.S. 26:83. (4) If the permit was granted to any person who is or has been engaged in an alcoholic beverage business with a person whose application for a permit has been denied or whose permit has been revoked. (5) If the holder of any permit has been convicted by any court of competent jurisdiction of any one of the following offenses: (a) Violation of the Sunday closing law. (b) Violation of any municipal or parish ordinance providing for Sunday closing hours. (c) Violation of any municipal ordinance enacted pursuant authorization of this Chapter. (6) If, without a proper license, a retailer allows any person to consume any alcoholic beverage on the licensed premises or on any parking lot or open or closed spaced within or contiguous to the licensed premises. (7) If any dealer or any person listed in Subsection B of R.S. 26:80 violates or has violated any provision of this Chapter. (8) If any dealer fails to pay any excise taxes due by any regulated business to any parish or municipality. (9) If the holder of any retail dealer’s permit, or his agent, employee, or representative allows the placement or operation of a video draw poker device upon his licensed premises in violation of Part V-B of Chapter 14 of Title 33 of the Louisiana Revised Statutes of 1950.

B. In addition to any other causes enumerated in this Chapter, the commissioner shall suspend or revoke any permit of any dealer that fails to pay any sales taxes due to the state.

C. No retail dealer or any person or entity which owns or controls, directly or indirectly, any premises on which a retail dealer operates shall require a wholesaler of such beverages to obtain a license or permit, whether or not accompanied by a fee, from a retailer or any person or entity which owns or controls, directly or indirectly, any premises on which a retail dealer operates for the privilege of soliciting for sale or selling alcoholic beverages to the retailer. For purposes of this Subsection, fees shall not mean allowances, incentives, or any other recognized market practices. 

NOTE: Class A-Restaurant Conditional Permits Prior to the 2001 Regular Session of the Louisiana Legislature, it was illegal to allow anyone under the age of 18 on the premises of an establishment holding a Class A-Restaurant

Conditional Permit between the hours of 9 p.m. and 7 a.m. Now, a person under the age of 18 is allowed on such premises from 7 a.m. until 11 p.m.

A. Total Traffic Fatalities in Louisiana

R.S. 14:98. Operating a vehicle while intoxicated
NOTE: In response to the new Federal law discussed above, the Louisiana Legislature adopted the .08% blood alcohol level for DWI in Louisiana during the 2001 Regular Session of the Legislature. The .08% standard does not take effect until September 30, 2003. Until then, the DWI standard remains set at .10%. The new .08% law also includes a provision that changes the standard back to .10% if the federal law is ever changed for any reason.
A. (1) The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when:  (a) The operator is under the influence’ of    alcoholic beverages; or  (b) The operator’s blood alcohol concentration   is 0.08 percent or more by weight based on   grams of alcohol per one hundred cubic   centimeters of blood; or (c) The operator is under the influence of a  combination of alcohol and one or more drugs  which are not controlled dangerous substances  and which are legally obtainable with or  without a prescription and the label on the  container of the prescription drug or the  manufacturer’s package of the drug contains a  warning against combining the medication  with alcohol. In other words, it is now  clearly illegal to operate a motor vehicle  when you combine alcohol with   prescription or nonprescription drugs when there is an advisement against such a combination; or
(d) The operator is under the influence of one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription and the influence is caused by the operator knowingly consuming quantities of the drug or drugs which substantially exceed the dosage prescribed by the physician or the dosage recommended by the manufacturer of the drug.  In other words, it is now clearly illegal to operate a motor vehicle when you abuse prescription or nonprescription drugs by knowingly exceeding the prescribed or recommended dosage .
(e) The operator is under the influence of any controlled dangerous substance listed in Schedule 1, II, Ill, IV, or V as set forth in R.S. 40:964.
(2) A valid driver’s license shall not be an element of the offense, and the lack thereof shall not be a defense to a prosecution for operating a vehicle while intoxicated. 

B.(1) On a first conviction, notwithstanding any other provision of law to the contrary, the offender shall be fined not less than three hundred dollars nor more than one thousand dollars, and shall be imprisoned for not less than ten days nor more than six months. Imposition or execution of sentence shall not be suspended unless:
(a) The offender is placed on probation with a minimum condition that he serve two days in jail and participate. in a court-approved substance abuse pro-gram and participate in a court-approved driver improvement program or
(b) The offender is placed on probation with a minimum condition that he perform four eight- hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program, participate in a court- approved substance abuse program, and participate in a court-approved driver improvement program. An offender, who participates in a litter abatement or collection program pursuant to this Subparagraph, shall have no. cause of action for damages against the entity conducting the program or supervising his participation therein, including a municipality, parish, sheriff, or other entity, nor against any official, employee, or agent of such entity, for any injury or loss suffered by
   him during or arising out of his participation in the program, if such injury or loss is a direct result of the lack of supervision or act or omission of the supervisor, unless the injury or loss was caused by the intentional or grossly negligent act or omission of the entity or its official, employee, or agent.
(2) If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of alcohol per one hundred cubic centimeters of blood, at least forty-eight hours of the sentence imposed pursuant to Paragraph 8(1) of this Section shall be served without the benefit of parole, probation, or suspension of sentence. Imposition or execution of the remainder of the sentence shall not be suspended unless the offender complies with, Subparagraph B(1)(a) or (b) of this Section.  (3) Administrative penalties related to the offender’s driver’s license (R.S. 32:667).
C. (1) On a conviction of a second offense, not withstanding any other provision of law to the contrary, regardless of whether the second offense occurred before or, after, the first conviction, the offender shall be fined not less than seven hundred fifty dollars, nor more than one thousand dollars, and shall be imprisoned for not less than thirty days nor more than six months. At least forty-eight hours of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence. Nothing herein shall prohibit a, court from sentencing a defendant to home incarceration, if otherwise allowed under the provisions of Article 894.2 of the Code of Criminal Procedure. Imposition or execution of the remainder of the sentence shall not be suspended unless:  (a) The offender is placed on probation with a minimum condition that he serve fifteen days in jail and participate in a court-approved substance abuse program and participate in a court-approved driver improvement program; or  (b) The offender is placed on probation with a minimum condition that he perform thirty eight-hour days of court-approved community service activities, at least half of which shall consist of participation in a litter abatement or collection program, and participate in a court- approved substance abuse program, and participate in a court-approved driver improvement program. On a conviction of a second offense when the first offense was for the crime of vehicular homicide or first degree vehicular negligent injuring the offender shall be imprisoned with or without hard labor for not less than 1 year nor more than 5 years, and shall be fined two thousand dollars.  At least 6 months of the sentence of imprisonment imposed shall be without benefit of probation or parole.   (2) If the offender had a blood alcohol concentration of 0.15 percent or more by weight based on grams of, alcohol per one hundred cubic centimeters of blood, at least ninety-six hours of the sentence imposed pursuant to Paragraph C(1) of this Section shall be served with the benefit of parole, probation, or suspension of sentence. imposition or execution of the remainder of the sentence shall not be suspended unless the offender complies with Subparagraph C(l)(a) or (b) of this Section. 

3.  Administrative penalties related to offender’s driver’s license (R.S. 32:667).
D. Third Offense DWI:
 i.  1 to 5 years in jail;
ii. 30 days in jail mandatory; and
iii. Remainder of the jail sentence is suspended and the offender shall: 

1. Undergo evaluation to determine nature & extent of offender’s substance abuse disorder;
2. 4 to 6 weeks of inpatient treatment;
3. Additional outpatient treatment up to 12 months if necessary;
4. After the inpatient treatment, the remainder of 1 to 5 year jail sentence shall be served by home incarceration; and
5. The offender shall pay for all costs of the substance abuse programs unless it is determined that the offender is unable to pay.
Home Incarceration means:
I. Electronic monitoring;
2. Curfew restrictions;
3. Home visitation by State officials;
4. Mandatory employment and driver improvement programs; and
5. Travel to & from home ONLY for work church, AA meetings and driver improvement programs. The offender cannot leave home for any other reason.
Violation of the substance abuse & home incarceration programs: If the offender violates any terms of the substance abuse and/or home incarceration programs, the suspended jail time will be imposed.
E. Fourth & subsequent DWIs:  i. 10 to 30 years in jail;  ii. 60 days in jail mandatory;  iii. $5000 fine;  iv. Remainder of the jail sentence is suspended  and the offender shall:    1. Undergo evaluation to determine nature &    extent of offenders substance abuse disorder;    2. 4 to 6 weeks of inpatient treatment;    3. Additional outpatient treatment up to 12    months if necessary;    4. After the inpatient treatment, the offender   shall be sentenced to not less than I nor more   than 5 years of home incarceration; and    5. The offender shall pay for all costs of the   substance abuse programs unless it is   determined that the offender is unable to   pay.
NOTE: If the offender had previously participated in the substance abuse and home incarceration program, that person is ineligible to participate again. In that case, that person

 shall serve the jail time imposed.
F. (1) For purposes of determining whether a defendant has a prior conviction for violation of this Section, a conviction under either R.S. 14:32.1, vehicular homicide, R.S. 14:39.1, vehicular negligent injuring, or R.S. 14:39.2, first degree vehicular negligent injuring, or a conviction under the laws of any state or an ordinance of a municipality, town, or similar political subdivision of another state, which prohibits the operation of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance shall constitute a prior conviction. This determination shall be made by the court as a matter of law.
 (2) For purposes of this Section, a prior  conviction shall not include a conviction for an offense under this Section or KS. 14:32.1 or R.S. 14:39.1 or under a comparable statute or ordinance of another jurisdiction, as described in Paragraph (1) of this Subsection, if committed more than ten years prior to the commission of the crime for which the defendant is being tried and such conviction shall not be considered in the assessment of penalties hereunder. However, periods of time during which the offender was incarcerated in a penal institution in this or any other state shall be excluded in computing the ten-year period. Subsections B ‘and C shall include a screening procedure to determine the portions of the program which may be applicable and appropriate for individual offenders.
G. Court-approved substance abuse programs provided for in Subsections (B) and (C) shall include a screening procedure to determine the portions of the program which may be applicable and appropriate for individual offenders.
H. “Community service activities” as used in this Section may include duty in any morgue, coroner’s office, or emergency treatment room of a state-operated hospital or other state operated emergency treatment facility, with the consent of the administrator of the morgue, coroner’s office, hospital, or facility.
I. An offender ordered to participate in a substance abuse program shall pay the cost incurred in participating in the program. Failure to make such payment shall subject the    offender to revocation of probation, unless the court determines that the offender is unable to pay.
J. This Subsection shall be cited as the “Child Endangerment Law”. When the state proves in addition to the elements of the crime as set forth in Subsection A of this Section that a minor child twelve years of age or younger was a passenger in the motor vehicle aircraft watercraft vessel or other means of motorized conveyance at the time of the commission of the offense, of the sentence imposed by the court, the execution of the minimum mandatory, sentence provided by Subsection B, C, or D of this Section, as appropriate, shall not be suspended. For the fourth conviction, at least two years of the sentence shall be imposed without benefit of suspension of sentence. 

Vehicle Interlocking Devices

1.  Upon conviction any vehicle, while being operated by the offender, shall be equipped with a functioning ignition interlock device.  This requirement shall remain in effect for a period of not less than six months.  In addition, the device shall remain installed and operative during any period that the offender’s operator’s license is suspended under law and for any additional period as determined by the court.  
2.  Upon conviction of a third or subsequent offense, any vehicle, while being operated by the offender, shall be equipped with a functioning ignition interlock device.  The ignition interlock device shall remain installed and operative until the offender has completed the requirements of substance abuse treatment and home incarceration.   R.S. 14.98.1. Underage driving under the influence


A. The crime of underage operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of, conveyance when the operator’s blood alcohol concentration is 0.02 percent or more by weight if the operator is under the age of twenty- one based on grams of alcohol per one hundred cubic centimeters of blood.
B. Any underage person whose blood alcohol concentration is found to be in violation of R.S. 14:98(A)( 1 )(b) shall be charged under its provisions rather than under this Section.
C. On a first conviction, the offender shall be fined not less than one hundred nor more than two hundred fifty dollars, and participate in a court approved substance abuse and driver improvement program.
D. On a second or subsequent conviction, regardless of whether the second offense occurred before or after the first conviction, the offender shall be fined not less than one hundred fifty dollars nor more than five hundred dollars, and imprisoned for not less than ten days nor more than three months. Imposition or execution of sentence shall not be suspended unless:
  (1) The offender is placed on probation with a minimum condition that he serve forty-eight hours in jail and participate in a court- approved substance abuse and driver improvement program or
  (2) The offender is placed on probation with a minimum condition that he perform ten eight- hour days of court-approved community service activities at least half of which shall consist of participation in a litter abatement or collection program and participate in a court- approved substance and driver improvement program.
E. Court programs regarding substance abuse provided for in Subsections C and D shall include a screening procedure to determine the portions of the program which may be applicable and appropriate for individual offenders.
F. An offender ordered to participate in a substance abuse program shall pay the cost incurred in participating in the program. Failure to make such payment shall subject the offender to revocation of probation, unless the court determines that the offender is unable to pay.
3.2 Dram Shop or Liquor Liability. The Louisiana legislature has found and declared “that the consumption of intoxicating beverages, rather than the sale or serving or furnishing of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person”. In other words, retailers of beverage alcohol shall not be held liable “for any injury suffered off the premises, including wrongful death and property damage, because of the intoxication of the person to whom the intoxicating beverages were sold or served”. THIS EXCEPTION TO LIABILITY ONLY APPLIES WHEN A SERVER OR VENDOR SELLS OR SERVES TO A PERSON OVER THE LAWFUL AGE TO PURCHASE. If you sell or serve to someone under the lawful age to purchase (under 21), you may be held liable. 


LOTTERY TICKETS-PROOF OF AGE IDENTIFICATION REQUIRED LA R.S. 47:9070. Sale to minors
*It is illegal to sell or redeem gambling tickets to anyone under 21 years of age.
*It is legal be employed to sell and redeem gambling tickets (scratch off) at 14 years of

age.
**In family situations only! You must be 16 to be employed for anyone else.
9070: Sale to minors.
A. (1) No lottery retailer and no agent, associate, employee, representative, or servant of any such person shall sell a lottery ticket to any person under the age of twenty-one years, unless the person submits any one of the following forms of identification which establish the age of the person as twenty-one years or older.  (a) A valid, current, Louisiana driver’s license which contains a photograph of the person presenting the driver’s license.  (b) A valid, current, driver’s license of another state which contains a photograph of the person and birth date of the person submitting the driver’s license.  (c) A valid, current, special identification card issued by the state of Louisiana pursuant to R.S. 40:1321 containing a photograph of the person submitting the identification card.  (d) A valid, current, passport or visa issued by the federal government or another country or nation that contains a permanently attached photograph of the person and the date of birth of the person submitting the passport or visa.  (e) A valid, current, military or federal identification card issued by the federal government containing a photograph of the person and date of birth of the person submitting the identification card.  (2) Each form of identification listed above must on its face establish the age of the person as twenty-one years of age or older, and there must be no reason to doubt the authenticity or correctness of the identification. No form of identification mentioned above shall he 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 institution identification card, check-cashing identification card, or employee identification card shall not be considered as lawful identification for the purposes of this Paragraph.
Any person who knowingly sells a lottery ticket to a person under twenty-one years of age shall be fined not less than one hundred dollars nor more than five hundred dollars for the first offense and, for each subsequent offense, not less than two hundred dollars or more than one thousand dollars.
(1) It is unlawful for any person under twenty- one years of age to purchase a lottery ticket
(2) Whoever violates the provisions of this Subsection shall be fined not more than one hundred dollars.
(3) Any person apprehended while violating the provisions of this Subsection shall be issued a citation by the apprehending law enforcement officer, which shall be paid in the same manner as provided for the offenders of local traffic violations.