§ 4-29. Qualifications of applicant.
(a)
No permit specified in section 4-27 shall be issued unless the applicant shall meet the following qualifications and conditions:
(1)
Is a person of good character and reputation and over eighteen (18) years of age.
(2)
Is a citizen of the United States and of the state and a resident of this state for a continuous period of not less than two (2) years next preceding the date of the filing of the application. The requirements as to state citizenship do not apply to wholesalers or retailers who held permits on or prior to January 1, 1946.
(3)
Is the owner of the premises or has a bona fide written lease therefor.
(4)
Has not been convicted of a felony under the laws of the United States, this state or any other state or country.
(5)
Has not been convicted in this or in any other state or by the United States of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place or illegally dealing in controlled substances.
(6)
Has not had a license or permit to sell or deal in alcoholic beverages, issued by this state or any political subdivision of this state, the United States or any other state, revoked within one (1) year prior to application or been convicted or had judgment against him involving alcoholic beverages by this or any other state or by the United States for one (1) year prior to the application.
(7)
Has not been convicted of violating any of the provisions of this chapter or R.S. 26:1 et seq., or any ordinance adopted pursuant to R.S. 26:1 et seq. If the applicant has been so convicted, the granting of a permit or of a renewal shall be within the discretion of the state commissioner.
(8)
Not be the spouse of a person whose application has been denied or whose permit has been revoked, unless judicially separated or divorced; provided that in such cases the age of the ineligible spouse shall be immaterial.
(b)
If the applicant is a partnership, or anyone in partnership with or financed by another, all members of the partnership, or all the persons in any way financially interested in the business, shall also possess the qualifications required of an applicant. The application shall state the full names of all partners and persons financially interested and furnish their proper street addresses and each shall furnish his affidavit showing his qualifications, as required of an applicant.
(c)
If the applicant is a corporation, all officers and directors and all stockholders owning in the aggregate more than five (5) percent of the stock and the person who shall conduct or manage the business shall possess the qualifications required of an applicant, to be shown by the affidavit of each accompanying the application. The requirements as to citizenship and residence do not apply to officers, directors, and stockholders of corporations applying only for retail permits. The corporation shall either be organized under the laws of the state or qualified to do business within the state.
(d)
If the applicant's business is to be conducted wholly or partly by one (1) or more managers, agents, servants, employees or other representatives, that person shall also possess the qualifications required of the applicant, to be shown by the affidavit of each accompanying the application.
(e)
If the applicant or any other person required to have the same qualifications does not possess the required qualifications, the permit may be denied.
(f)
Notwithstanding the provisions of (a) and (b) above, a permit may be granted if the applicant has been pardoned or the applicant's civil rights have been restored, or if the applicant is a firm, association, partnership, trust, domestic or foreign corporation or other legal entity, the applicant has terminated its relationship with the person or persons whose action directly contributed to the applicant's conviction.
(Code 1955, § 4-16)
State law reference
Qualifications of applicants for permit, R.S. 26:80, R.S. 26:280.