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ORDINANCE

AMENDING AND READOPTING THE WINE, BEER, AND LIQUOR ORDINANCE, NUMBER 14472, ADOPTED AUGUST 27, 2008, SECTIONS 1.B (FEE SCHEDULE) AND 5.A (HOURS OF OPERATION) TO CREATE A NEW LATE-NIGHT PERMIT ALLOWING CLASS A ON-PREMISES LICENSEES TO OPERATE UNTIL 4:00 A.M. ON THURSDAY, FRIDAY, AND SATURDAY, SO AS TO READ AS FOLLOWS: BE IT ORDAINED by the Metropolitan Council of the Parish of East Baton Rouge and the City of Baton Rouge that: Section 1. Amending Ordinance 14472, adopted August 27,

2008, Section 1, Licenses, Permits, Permit Holders, Subsection 1.B, Fee Schedule, so as to read as follows:

LICENSES, PERMITS, PERMIT HOLDERS: * * * * * 1.B. FEE SCHEDULE: Every retail dealer, wholesale dealer and classified employee excepting employees of wholesale dealers, of the above described alcoholic beverages, is hereby required to obtain from the City of Baton Rouge or Parish of East Baton Rouge the following permit and/or pay the following annual excise or license tax and/or permit fee according to their sales classification. Class A (Beer): Permits the retail dealer to sell beer, porter, ale, fruit juices, or wine containing not more than 6% alcohol by volume as described in Section l.A. of this ordinance for consumption on the licensed premises at an annual permit fee of SeventyFive ($75.00) Dollars. Class A (Liquor): Permits the retail dealer to sell any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than 6% alcohol by volume as described in Section l.A. of this ordinance for consumption on the licensed premises at an annual excise or license tax of Five Hundred ($500.00) Dollars. Class (A) Beer Caterer: permits the retail dealer to sell beer, porter, ale, fruit 1

juices, or wine containing not more than 6% alcohol by volume as described in Section 1.A. of this ordinance for consumption off of the licensed premises at a catered function at an annual permit fee of Seventy-Five ($75.00) dollars. Class (A) Liquor Caterer: Permits the retail dealer to sell any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than 6% alcohol by volume as described in Sec. 1.A. of this ordinance for consumption off of the license premises at catered functions at an annual excise or license tax of Five Hundred ($500.00) dollars. Class B (Beer): Permits the retail dealer to sell any beer, porter, ale, fruit juices or wine containing not more than 6% alcohol by volume as described in Section l.A. of this ordinance only for use or consumption off the licensed property at an annual permit fee of Sixty ($60.00) Dollars. Class B (Liquor): Permits the retail dealer to sell any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than 6% alcohol by volume as described in Section l.A. of this ordinance only for use or consumption off the licensed property at an annual excise or license tax of Five Hundred ($500.00) Dollars. Class C (Beer): Permits the wholesale dealer, who is defined as any dealer who sells beer, porter, ale, fruit juices or wine containing not more than 6% alcohol by volume as described in Section l.A. hereof, at wholesale after payment of an annual permit fee of One Hundred ($100.00) Dollars. Class C (Liquor): Permits the wholesale dealer, who is defined as any dealer who sells any malt, vinous, spirituous, alcoholic or intoxicating liquors containing more than 6% alcohol by volume as described in Section 1.A. hereof, at wholesale after payment of an annual permit fee of Five Hundred ($500.00) Dollars. Class R (Beer and/or Liquor): P e r m i t s a restaurant as defined within this ordinance, who is also the holder of a Class A Beer and/or Liquor license, privileges as may be set forth in this ordinance after payment of an annual permit fee of Eighty-Five ($85.00) Dollars. Class AL (Late-Night Operation): Permits the Class A, on-premises consumption retail dealer privileges as may be set forth in this ordinance after payment of an annual permit fee of Forty-Thousand($40,000.00) Dollars. The permit fee shall be reviewed by the Metropolitan Council in December of each year 2

after adoption of the permit amendment to determine the suitability of the fee. If no review is undertaken, the AL permits will no longer be issued, and any AL permits in effect will expire twelve months after the date of issuance and will not be renewed. Restaurant After Hours Permit (R.A.H. Permit): Permits a restaurant as defined within this ordinance, who is also the holder of a Class A Beer and/or Liquor License, privileges as may be set forth in this ordinance who operates under the same restrictions as a state AR permit holder after payment of an annual permit fee of Fifty ($50.00) Dollars. After Hours Work Permit: Permits the retail dealer privileges as may be set forth by this ordinance who operates under the same restrictions as a state AR permit holder after payment of an annual permit fee of Fifty ($50.00) Dollars. Classified Employees: Permits persons who meet certain requirements as set forth in this ordinance to be employed in Class A and R licensed businesses after payment of a Twentyfive ($25.00) Dollar fee for issuance of a two (2) year permit. Waiters/Waitresses: Permits persons who meet certain requirements as set forth in this ordinance to be employed in Class A or R licensed businesses after payment of a Twentyfive ($25.00) dollar fee for issuance for the duration of employment in that particular corporation, company or association, with the Twenty-five ($25.00) dollar fee to be recharged if the waiter/ waitress who holds a waiter/waitress Alcoholic Beverage Permit changes position of employment to another corporation, company or association. Retail Clerks: Permits persons who meet certain requirements as set forth in this ordinance to be employed in Class B licensed businesses after payment of a Twenty-five ($25.00) Dollar fee for issuance of the duration of employment in that particular corporation, company or association with the Twenty-five ($25.00) Dollar fee to be recharged if retail clerk who holds a Retail Clerk Alcoholic Beverage Permit changes positions of employment to another corporation, company or association. The fee for all duplicate licenses and permits shall be Ten ($10.00) dollars. This shall include name changes, lost, stolen or damaged licenses and shall apply to individuals and businesses. All licenses and permits shall be displayed on the premises and it shall be the responsibility of the owner and/or manager of 3

a licensed business to have available for inspection, all permits of classified employees and retail clerks upon commencement and for the duration of their employment. * * * * * Section 2. Amending Ordinance 14472, adopted August 27,

2008, Section 5, Hours of Operation, so as to add Subsection 5.A.8, which shall read as follows:

Section 5.

HOURS OF OPERATION:

* * * * *

5.A.8 LATE NIGHT OPERATION: A Class A, onpremises consumption retail dealer which has applied for and received a class AL, LateNight Operation permit, shall be permitted to sell beverages described in Section 1.A. hereof between the hours of 6:00 A.M. until 4:00 A.M. of the following day on Thursdays, Fridays, and Saturdays. All customers on the affected days must be off the licensed premises by 4:30 A.M. and any consumption of alcoholic beverages after 4:30 A.M is prohibited. This permit specifically extends Section 5.A. (Hours of Operation) which prohibits the sale, serving or dispensing of alcoholic beverages after 2:00 A.M. and Section 5.A.5 (Closing Hours) which requires that all customers must be off the licensed premises by 2:30 A.M. and prohibits any consumption of alcoholic beverages after 2:30 A.M. The AL Permit and associated closing hours shall be reviewed annually by the Metropolitan Council in December of each year following adoption of the permit program. If no review of the program is undertaken, the AL permit program will terminate, no new AL permits shall be issued, and any AL permits in effect at the expiration of the program will expire twelve months after the date of issuance and will not be renewed

* * * * *

Section 3. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause,

sentence,

paragraph,

subdivision,

section

or

portion

of

this

ordinance, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. All ordinances or parts of ordinances in

conflict herewith are hereby repealed.