§ 4-1. Operation without permit prohibited; definitions.
(a)
No person shall sell, offer to sell, or handle alcoholic beverage or otherwise operate as a dealer in high or low alcoholic beverages as defined in R.S. 26:2 and R.S. 26:241, respectively, unless he has first applied for and received a permit from the village as required by this chapter. Each day's conduct of business by the dealer without a valid permit therefor constitutes a separate violation of this chapter.
(b)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Class A-General retail permit means and includes:
(1)
A Class A-General retail permit shall be issued only to a retail outlet where beverage alcohol is sold on the premises for consumption on the premises by paying customers. Such an establishment must be equipped with a permanent wet bar equipped with a nonmovable sink and a backbar or similar equipment for public display and to inform the public of brands and flavors offered for sale.
(2)
A Class A-General retail establishment shall be staffed by a bartender whose primary duty is to open and/or prepare beverage alcohol products for consumption on the premises by paying customers, or prepared with an appropriate lid or cover on the container for take-out service. Such an establishment must meet all state and municipal health and zoning requirements.
(3)
A Class A-General retail permit shall be issued only to an establishment where the state law provides that no person under the age of 18 years is allowed on the premises except as provided in R.S. 26:90A(8)(a).
(4)
Notwithstanding subsections (1) through (3) of this definition, the village may issue a Class A-General retail permit to any retail establishment for consumption on or off the premises. Such establishment must meet all state and municipal health and zoning requirements. A Class A-General retail permit issued pursuant to the authority granted by this subsection shall not be deemed or qualify as a prerequisite for the issuance of any other type permit issued by the village.
(5)
The premises of a Class A-General retail permittee shall be able to accommodate a minimum of 25 patrons and contain no less than 375 square feet of public habitable floor area.
Class A-Restaurant permit means and includes a Class A-Restaurant permit issued only to a "restaurant establishment" as defined by R.S. 26:73B and issued to a facility in conjunction with a Class "R" restaurant permit under R.S. 26:73. The term "restaurant establishment" means an establishment:
(1)
Which operates a place of business whose average monthly revenue from food and nonalcoholic beverages exceeds 50 percent of its total average monthly revenue from the sale of food, nonalcoholic beverages, and alcoholic beverages.
(2)
Which serves alcoholic beverages in conjunction with meals.
(3)
Which serves food on all days of operation.
(4)
Which maintains separate sales figures for alcoholic beverages.
(5)
Which operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.
(6)
Which has a public habitable floor area of no less than 500 square feet.
This definition shall not apply to business locations that apply to or have been licensed to sell or serve alcoholic beverages prior to August 1, 2006, and have not discontinued the sale and service of such beverages for more than six months.
Wholesale dealer's permit means a permit which authorizes a wholesaler who has established a place of business within this village to sell alcoholic beverages to permitted wholesale dealers or permitted retail dealers.
(Code 2004, § 13.1; Ord. No. 4, 1952)