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LOUISIANA ALCOHOL REGULATIONS

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					LOUISIANA ALCOHOL REGULATIONS
Source: Louisiana State Legislature Website http://www.legis.state.la.us

ABSTRACT OF LOUISIANA STATE ALCOHOL LAWS
Contributing to the Delinquency of Juveniles—R.S. 14:92
The intentional enticing, aiding, soliciting, or permitting anyone under age 17 to participate in the following: visiting any place where beverages of high or low alcohol content are the principal commodity or are being given away, using obscene language, associate with disreputable persons, visiting places where gambling is found, performing a sexually immoral act, etc. Punishment varies by type of action violated

Misrepresentation of Age to Obtain Alcoholic Beverages or Gain Entry to Licensed Premises Prohibited; Penalties—R.S. 14:333
It is unlawful for any person under 21 to present or offer to any person having a license or permit to sell alcoholic beverages 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. Punishable by fines up to $200, community service up to 30 hours, and 90 days driver’s license suspension

Unlawful Sale, Purchase, and Possession of Alcoholic Beverages, Definitions— R.S. 14:93.10
“Public possession” is 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). This definition does not include the possession or consumption of alcoholic beverages: for an established religious purpose; when a person under 21 is accompanied by a parent, spouse, or legal guardian 21 years or older; for medical purposes; in private residences.

This definition also does not include the sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful ownership of an establishment or to lawful employment of a person under 21 by a duly licensed manufacturer, wholesaler, or retailer of alcoholic beverages.

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Acts Prohibited on Licensed Premises; Suspension or Revocation of Permits— R.S. 26:90
It is unlawful to: -Sell or serve alcoholic beverages to any person under the age of twenty-one years, unless such person submits a valid, current, driver's license, special identification card, passport, visa, military identification card, or federal identification card which contains a photograph of the person and birth date of the person submitting the driver's license. - Sell or serve alcoholic beverages to any intoxicated person -intentionally entice, aid, or permit any person under 18 to visit or loiter in or about any place where alcoholic beverage or beer are the principal commodities sold, handled, or given away -permit any person under 18 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 Punishable by fines of $100-$500 and/or imprisonment from 30 days-6 months, and possible suspension and revocation of permit

Unlawful Sales to Persons Under Twenty-One— R.S. 14:93.11
The sale or delivery of any alcoholic beverage to persons under 21, unless that person is the owner or employee of an establishment to which the sale is made or if they are accepting the delivery for such ownership or employment. Lack of knowledge about the person’s age is not a defense. Punishable by a $250 fine and/or 6 months imprisonment

Purchase and Public Possession of Alcoholic Beverages— R.S. 14:93.12
It is unlawful for persons under 21 to purchase or have public possession of any alcoholic beverage. Punishable by $100 fine and/or 6 month imprisonment and driver’s license suspension for up to 180 days.

Unlawful Purchase of Alcoholic Beverages by Persons on Behalf of Persons Under Twenty-one— R.S. 14:93.13

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It is unlawful for any person not a spouse, parent, or legal guardian to purchase alcohol for persons under 21. Punishable by a $500 fine and/or 30 days imprisonment

Disturbing the Peace—R.S. 14:103
Constitutes any of the following to disturb or alarm the public: fighting, offensive words or names, appearing in an intoxicated condition, violent act of three or more persons, unlawful assembly, and/or interruption of lawful assembly. Punishable by $100 fine and/or 90 days imprisonment

Possession of Alcoholic Beverages in Motor Vehicles—R.S. 32:300
It shall be unlawful for the operator of a motor vehicle or the passenger in or on a motor vehicle, while the motor vehicle is operated on a public highway or right-of-way, to possess an open alcoholic beverage container, or to consume an alcoholic beverage, in the passenger area of a motor vehicle. Punishable by the loss of driver’s license, and fines up to $100

Underage Driving Under the Influence—R.S. 14:98.1
The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator is under 21 and the operator’s BAC is 0.02% or more. First conviction, punishable by fine of $100-$250, and participation in a court-approved substance abuse and driver improvement program

Operating a Vehicle While Intoxicated—R.S. 14:98
The crime of operating a vehicle while intoxicated is the operating of any motor vehicle, aircraft, watercraft, vessel, or other means of conveyance when the operator is under the influence of alcoholic beverages or the operator's BAC is 0.08% or more.

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On first offense, punishable by a fine of $300-$1,000, and 10 days-6 months imprisonment (exceptions are in place). If the offender has a blood alcohol concentration of 0.20 % or

more, the violation is punishable with fines of $750-$1000 without benefit of parole, probation, or suspension of sentence, and suspension of driver’s license for 2 years.

Vehicular Homicide—R.S. 14:32.1
Killing of a human being by operation of a motor vehicle, watercraft, aircraft, etc., when the operator is under the influence of alcohol as determined by chemical tests and/or the operator’s blood alcohol concentration is .08% or more. Punishable by $2,000-$15,000 fine or 5-30 years imprisonment

Vehicular Negligent Injuring—R.S. 14:39.1
The inflicting of injury upon a person by an offender operating a motor vehicle, watercraft, aircraft, etc., when the operator is under the influence of alcoholic beverages and/or the offender’s BAC is .08% or more. Punishable by fines up to $1000 and/or 6 months imprisonment

Third Degree Feticide—R.S. 14:32.8
Killing of an unborn child caused directly by an offender engaged in the operation of any motor vehicle, aircraft, or vessel whether or not the offender had the intent to cause death or great bodily harm: when the offender is under the influence of alcoholic beverages as determined by chemical tests, and/or the offender’s blood alcohol concentration is 0.08 % or more. Punishable by fine of $2000 or more and 5 years imprisonment.

Hit-and-Run Driving—R.S. 14:100
Hit and run driving is the intentional failure of the driver of a vehicle involved in or causing any accident, to stop such vehicle at the scene of the accident, to give his identity, and to render reasonable aid. Punishable by fines up to $500 and/or imprisonment for up to 6 months when no death or serious bodily injury has occurred. Punishable by fines up to $5000 and/or imprisonment with or without hard labor for up to 10 years when death or serious bodily injury is a direct result of the accident and when the driver knew or should have known that death or serious bodily injury has occurred. Punishable by imprisonment of 5-20 years with or without hard labor if the person has

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been previously convicted of operating a vehicle while under the influence of alcohol on 2 or more occasions within 10 years.

Suspension, Revocation, and Cancellation of Licenses; Judicial Review—R.S. 32:414(P)
The department shall suspend the driver's license of any person, for a period of six months, if it has received satisfactory evidence of conviction, plea of guilty, or nolo contendere of any person charged with the first offense for vehicular negligent injuring or for operating a motor vehicle while under the influence of alcoholic beverages.

Unlawful Refusal to Submit to Chemical Tests to Determine the Alcohol Content of Blood or the Presence of any Abused Substance or Controlled Dangerous Substance in the Blood; Arrests for Driving While Intoxicated— R.S. 14:98.2
No person under arrest for a violation of any other law or ordinance which prohibits operating a vehicle while intoxicated may refuse to submit to a chemical test when requested to do so by a law enforcement officer if he has refused to submit to such test on two previous and separate occasions of any previous such violation. Punishable by fines from $300-$1000 and imprisonment from 10 days-6 months

Refusal to Submit to Chemical Test; Submission to Chemical Tests--R.S. 32:666
When a law enforcement officer has probable cause to believe that a person has violated any law or ordinance that prohibits operating a vehicle while intoxicated, that person may not refuse to submit to a chemical test in any case wherein a traffic fatality has occurred or a person has sustained serious bodily injury in a crash. Punishable by fines from $300-1000 and 10 days-6 months imprisonment

Sale of Malt Beverages in Keg; Tracking; Forms—R.S. 26:306
Every keg of malt beverage sold for consumption off the premises of the retail dealer shall be marked with a unique identification number. The dealer shall maintain the following information on forms provided by the ATC for each keg sold: the name, address, and telephone number of the purchaser; the number of a photo identification card issued to the purchaser by a local, state, or federal government agency; the identification number of the keg, the date and time of purchase; the manner in which the deposit was paid and the date of return; the name of the retail dealer selling the keg; a declaration signed by the retail purchaser.

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Unauthorized Possession or Consumption of Alcoholic Beverages on Public School Property—R.S. 14:91.7
No person shall intentionally possess or consume alcoholic beverages upon public school property unless authorized by the principal or person in charge of the public school property at the time. Punishable by fine up to $1000 and 15 days-6 months imprisonment

Possession of Firearm While on the Premises of an Alcoholic Beverage Outlet—R.S. 14:95.5
No person shall intentionally possess a firearm while on the premises of an alcoholic beverage outlet. Punishable by fines up to $500 and/or 6 months imprisonment

Operation of an Alcohol Outlet Without Permit Prohibited—R.S. 26:75
No person shall do any act for which a permit is required by the Alcoholic Beverage Control Law or by local authorities acting thereunder without holding the proper state and local permit. Each day's conduct of business by dealer without such a valid, unsuspended permit constitutes a separate violation of this Chapter. A permit is required of any person who does any act as a dealer. Each day of operation without a license constitutes a separate offense and requires a maximum fine of $500.

Sale or Keeping for Sale in Dry Area: Penalty—R.S. 26:147
No person shall sell or keep for sale any alcoholic beverages for beverage and business purposes in any subdivision of the state where the sale of alcoholic beverages is prohibited by law or ordinance. Punishable by fine of $100-$500 and/or 30 days-6 months imprisonment

Soliciting Sale of Alcoholic Beverages In Prohibition Area; Penalty—R.S. 26:714

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No person shall seek, solicit, or receive orders from anyone for the purchase of alcoholic beverages within the limits of any municipality, ward or parish in which the retailing of such beverages is prohibited. Punishable by $100 fine, and/or 6 months imprisonment

Penalty for Keeping Blind Tiger; Destruction or Sale of Beverages—R.S. 26:712
A blind tiger is any place where alcoholic beverages are sold, bartered, or habitually given away (whether in connection with a business conducted at the place or not) in subdivisions of the state where alcohol sales are prohibited. Punishable by $200-500 fine, and 30 day-6 months imprisonment

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