SENATE - Louisiana

50th DAY'S PROCEEDINGS
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(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 prohibition shall apply at any time the
licensed premises is open to the public, whether or not alcoholic
beverages or beer is served at the time the person under the age of
eighteen years is present on or about the premises, except as
otherwise provided in this Section. The provisions 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 501(8) of the said code, and no alcoholic beverages are
sold, handled, given away, or accessible during the presence of any
such person.
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AMENDMENT NO. 6
On page 2, after line 24, add the following:
"§281. Location of business limited; exception exceptions
K. Notwithstanding any other provision of this Section,
Chapter, or other law to the contrary, the subsequent construction,
erection, development, or movement of a property on the National
Historic Registry, public playground, church, synagogue, public
library, or school following the application for a permit and the
granting of that permit which causes the premises to be located
within the prohibited distance limitations as provided in this Section
shall not be cause for the revocation, withholding, denial, or
nonrenewal of a permit.
Section 2. R.S. 27:301(B)(12) is hereby amended and reenacted
to read as follows:
§301. Short title and definitions
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(12)(a) "Restaurant" means an operating establishment primarily
engaged in the retail sale of prepared foods for on-premises or
immediate consumption that meets all of the following criteria:
(a) (i) Has been granted a Class A-General retail permit or a
Class A-Restaurant permit, as defined in Part II of Chapter 1 or Part
II of Chapter 2 of Title 26 of the Louisiana Revised Statutes of 1950,
for the sale of alcoholic beverages for on-premises consumption.
(b) (ii) Serves food during the hours it is open to the public.
(c) (iii) Derives at least sixty more than fifty percent of its
monthly gross revenues from the sale of food, food items, and
nonalcoholic beverages.
(d) (iv) Maintains financial records that segregate alcoholic
beverage sales from food sales.
(e) (v) Operates a fully equipped kitchen which includes but is
not limited to a range, an oven, and refrigerated storage appliances
used for the preparation of uncooked foods for on-premises or
immediate consumption.
(b) Notwithstanding the provisions of this Paragraph or any
other law to the contrary, the division may consider a licensed
establishment to be a "restaurant" for purposes of the Video Draw
Poker Devices Control Law and for the purpose of issuing or
recommending that a video gaming license be issued to a restaurant
pursuant to this Chapter when the applicant has obtained a permit,
license or certificate as a "restaurant" from the municipal or parish
governing authority having jurisdiction over the applicant's licensed
establishment. However, when no such permit, license or certificate
Page 117 SENATE
June 21, 2004
is obtainable from the municipal or parish governing authority, no
such permit, license or certificate shall be required. When determining
whether to consider a licensed establishment to be a "restaurant" for
purposes of the Video Draw Poker Devices Control Law, the division
shall consider, but shall not be bound by, the extent to which the
applicant complies with R.S. 27:301(B)(12)(a).
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Respectfully submitted,
Representatives:
Senators:
T. Taylor Townsend Joel Chaisson, II
Joseph F. Toomy
Robert M. Marioneaux, Jr.
Charles DeWitt
Rules Suspended
Senator Chaisson asked for and obtained a suspension of the
rules for the purpose of considering the Conference Committee
Report. On motion of Senator Chaisson, a vote was taken on the
adoption of the report.
ROLL CALL
The roll was called with the following result:
YEAS
Mr. President Fields Jackson
Bajoie Gautreaux, B Jones
Chaisson Heitmeier Marionneaux
Cheek Holden Theunissen
Dupre
Irons
Total—14
NAYS
Adley Fontenot Michot
Amedee Hainkel Mount
Barham Hollis Nevers
Boasso Kostelka Romero
Cain Lentini Smith
Dardenne Malone Ullo
Ellington
McPherson
Total—20
ABSENT
Boissiere Duplessis Schedler
Cravins
Gautreaux, N
Total—5
The Chair declared the Senate failed to adopt the Conference
Committee Report. Senator Chaisson moved to reconsider the vote
by which the report failed to be adopted and laid the motion on the
table.
CONFERENCE COMMITTEE REPORT
House Bill No. 702 By Representative Durand
June 21, 2004
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