Concealed carry in restraunts

[madwabbit]

I don't think anyone who would flame you cares about changing your opinion (and may very well share it) it's more about talking about doing illegal **** on the internet and promoting the breaking of law.

we do not live in a dictatorship (up for thorough debate, though). I have the right to express my disapproval of laws, politicians, or elected officials. I make the choice to wear my seatbelt. It's my vehicle, and my life. I don't recommend any one else to drive without wearing it, but I'll live my life making my own choices when it's only my well being at stake. Apply similar mentality to all my posts concerning ccw.

 

[Emperor]

This is what it looks like today in the Senate! Looks like the original intent was to allow off duty cops to carry in bars; then that got axed, and now we are back to playing the "guess what permit I have for my restaurant" game!

DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Henry Burns HB No. 48
Abstract: Redefines "alcoholic beverage outlet" for purposes of the crime of possession of a
firearm on the premises of an alcoholic beverage outlet.
Present law prohibits any person from possessing a firearm while on the premises of an alcoholic
beverage outlet and provides for criminal penalties including a maximum fine of $500, a term of
imprisonment for not more than six months, or both.
Present law contains exceptions for the owner or lessee of the establishment, an employee of the
owner or lessee, or a law enforcement officer acting in the performance of his official duties.
Proposed law retains these provisions of present law.
Present law defines an "alcoholic beverage outlet" as any commercial establishment in which
alcoholic beverages of either high or low alcoholic content are sold in individual servings for
consumption on the premises, whether or not such sales are a primary or incidental purpose of
the business of the establishment.
Proposed law changes present law to define "alcoholic beverage outlet" as any commercial
establishment in which alcoholic beverages of either high or low alcoholic content are sold in
individual servings for consumption on the premises and which has been issued a Class AGeneral
retail permit.
(Amends R.S. 14:95.5(B))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Deleted proposed law provisions regarding law enforcement officers.
2. Added definition of "alcoholic beverage outlet

This could be so simple: My amendment:

If legal, valid, up to date: CHP holder may (except for exclsusions of existing law protecting holier than though douchebags), enter ANY establisment that serves alcohol.

Retain BAC level; cut the other ********!

 

[LjDoIron]

I'm confused, where in this bill is 1379.3 even mentioned? Remember that is our rules, not 95.1 that is for open carry. all this would do is allow open carry in restraunts, just like concealed carry is allowed ( with the same statement of definition of ABO as 1379.3.
PS: I don't get the continued confusion over the Class A-General licence, If a establishment has been issued a Class A-General licence they cannot by law allow minors to enter. Case closed, move along, no need to analyze if they should have been issued a Class A general permit. Our law says "has been issued" if not, go in and eat all you want. I think what confuses most is the class A-Restraunt licence is not a Class A-General licence.

 

[JNieman]

we do not live in a dictatorship (up for thorough debate, though). I have the right to express my disapproval of laws, politicians, or elected officials. I make the choice to wear my seatbelt. It's my vehicle, and my life. I don't recommend any one else to drive without wearing it, but I'll live my life making my own choices when it's only my well being at stake. Apply similar mentality to all my posts concerning ccw.

Actually yea, this site is pretty much a dictatorship. You do what they say or you GTFO. Typically, advocating the breaking of law has been frowned upon.

 

[Leadfoot]

It's pretty damn simple actually, people just want to mentally masturbate **** to death.

 

[madwabbit]

I'm confused, where in this bill is 1379.3 even mentioned? Remember that is our rules, not 95.1 that is for open carry. all this would do is allow open carry in restraunts, just like concealed carry is allowed ( with the same statement of definition of ABO as 1379.3.
PS: I don't get the continued confusion over the Class A-General licence, If a establishment has been issued a Class A-General licence they cannot by lay allow minors to enter. Case closed, move along, no need to analyze if they should have been issued a Class A general permit. Our law says "has been issued" if not, go in and eat all you want. I think what confuses most is the class A-Restraunt licence is not a Class A-General licence.

doesn't get clearer than this. i dont understand the confusion

 

[Ben Segrest]

Y'all keep saying "cannot allow minors to enter" but posted just above is someone who looked up Applebee's in Lafayette, showing they also have a Class A license.

Alpplebees has a class A Restaurant license, not a class A General license. Full stop. End of discussion.

71.1. Class A permit; definitions

The commissioner shall issue the following four types of Class A retail liquor permits:

(1) Class A-General:

(a) 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 non-movable sink and a backbar or similar equipment for public display and to inform the public of brands and flavors offered for sale.

(b) 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 local zoning requirements as set forth by the state and by parishes and municipalities where a Class A-General retail outlet is located.

(c) Repealed by Acts 1995, No. 1016, §2.

(d) 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 eighteen years is allowed on the premises except as provided in R.S. 26:90(A)(8)(a).

(e) Notwithstanding the provisions of Subparagraphs (a) through (d) of this Paragraph, the commissioner may issue a Class A-General liquor permit to any bona fide commercial film theater which had a Class A liquor permit on January 1, 1994.

(f) Notwithstanding the provisions of Subparagraphs (a) through (e) of this Paragraph, the commissioner 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 local zoning requirements as set forth by the state and by parishes and municipalities where the retail outlet is located. A Class A-General retail permit issued pursuant to the authority granted by this Subparagraph shall not be deemed or qualify as a prerequisite for the issuance of any other type license or permit issued by the state or any political subdivisions thereof.

(g) The licensed premises of a Class A-General retail permit shall be able to accommodate a minimum of twenty-five patrons and contain no less than three hundred seventy-five square feet of public habitable floor area.

(h) A Class A-General retail establishment shall comply with the Department of Health and Hospitals guidelines for the required number of public restrooms and their locations within the retail establishment and shall provide documentation of compliance from the office of public health.

(i) Any Class A-General retail permit application submitted prior to September 1, 2001, shall not be required to meet the qualifications set forth in Subparagraph (g) of this Paragraph.

(2) Class A-Restaurant:

A Class A-Restaurant permit shall be issued only to a "restaurant establishment" as defined by R.S. 26:73(C)(1) or a dinner theater as defined in R.S. 26:2(6) and issued to a facility in conjunction with a Class "R" restaurant permit under the provisions of R.S. 26:73.

(3) Class A-Special:

(a) A Class A-Special permit shall be issued to any facility which is situated on state-owned land, and which is being developed or operated by the state for public purposes, without the necessity for a local permit from the parish or municipality, notwithstanding the provisions of R.S. 26:81(B)(1) and (C), 273(A)(1), 281(B) and (C)(1), 582, and 595, if all other pertinent qualifications and conditions of this Title are satisfied, and such establishment meets all state zoning requirements as set forth by the state.

(b)(i) The provisions of Subparagraph (a) of this Paragraph shall apply only to the Sabine River Authority Conference and Recreational Facility, located in Ward 3, Sabine Parish, Louisiana and shall be applicable only after the following proposition has been submitted to a local referendum election to the voters of Ward 3, Sabine Parish at the congressional general election to be held in 1994, with a favorable vote of a majority of votes cast, to wit:

"Shall the sale of alcoholic beverage of both high and low alcohol content for consumption on the premises be permitted at the Sabine River Authority Conference and Recreational Facility in Ward 3, Sabine Parish, Louisiana?"

(ii) This Subparagraph shall be the sole and only enabling act necessary to call this election, notwithstanding the provisions of R.S. 26:587.

(c) A Class A-Special permit shall be issued to the convention center facility located in the city of Natchitoches.

(4) Class A-Restaurant-Conditional:

(a) Any retail establishment holding a Class A-General permit issued pursuant to this Section may be issued a Class-A-Restaurant-Conditional permit, provided it meets the requirements of R.S. 26:73(B)(1), (2), (3), (5), and (6) during the hours from 7:00 a.m. until 11:00 p.m. each day of operation.

(b) Notwithstanding the provisions of R.S. 26:90(A)(3)(a) or any other law to the contrary, any establishment which qualifies and receives a Class-A-Restaurant-Conditional permit may permit any person under the age of eighteen on the premises between the hours of 7:00 a.m. and 11:00 p.m.

(c) No additional fee shall be charged for the application or issuance of a Class-A-Restaurant-Conditional permit.

(d) Notwithstanding any other provision of law to the contrary, a retail establishment located at a public or private golf course licensed to operate video draw poker devices pursuant to the provisions of Chapter 6 of Title 27 of the Louisiana Revised Statutes of 1950 prior to January 1, 2004, may be issued a Class A-Restaurant-Conditional permit regardless of the amount or the percentage of food or food items sold at that establishment provided that the establishment meets all other criteria required by the provisions of this Chapter.

Acts 1994, 3rd Ex. Sess., No. 63, §1, eff. July 7, 1994; Acts 1994, 3rd Ex. Sess., No. 130, §1, eff. July 7, 1994; Acts 1995, No. 1016, §2; Acts 1997, No. 378, §1; Acts 2001, No. 214, §1; Acts 2001, No. 1188, §1, eff. June 29, 2001; Acts 2004, No. 918, §2; Acts 2006, No. 469, §1; Acts 2006, No. 803, §1; Acts 2010, No. 953, §1, eff. July 2, 2010; Acts 2012, No. 287, §1.

 

[JNieman]

Ok so why has everyone from people at LSP CHP Unit and CCW instructors always been talking about Applebees/Outback/Texas Roadhouse bars?

 

[madwabbit]

Ok so why has everyone from people at LSP CHP Unit and CCW instructors always been talking about Applebees/Outback/Texas Roadhouse bars?

because its a good point. you can't legally drink while ccw, so don't "sit at the bar". no matter what may happen afterwards, you've already got a legal strike.

 

[JadeRaven]

because its a good point. you can't legally drink while ccw, so don't "sit at the bar". no matter what may happen afterwards, you've already got a legal strike.

You can't drink while concealed carrying?

I know there's the .05 limit.

 

[Ben Segrest]

because its a good point. you can't legally drink while ccw

yes you can.

 

[madwabbit]

hehe well *I* can't. .05 is two drinks in an hour, generally. the way they pour in louisiana, I can't have a full drink. I'm a lightweight, i know.

 

[JadeRaven]

hehe well *I* can't. .05 is two drinks in an hour, generally. the way they pour in louisiana, I can't have a full drink. I'm a lightweight, i know.

Yeah "sorry officer I didn't know they poured me a double."

 

[Bayoupiper]

Real simple,

Appleby's yes.

Texas Club no.





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[kcinnick]

Class A ≠ Class A General Retail!

The local BATF doesn't even know the difference! I have dealt with them, the average agent DOES NOT UNDERSTAND THE LIQUOR LICENSE LAWS! You can have a class A general retail permit and serve food and allow minors during daytime hours but if that is the case you have to post the hours and information outside! That is called a Class A general retail permit with a Restaurant endorsement. Most restaurants have a Class A - Restaurant which is completely different. Does it make any sense. NO. Does it mean you can carry at Applebees, sure, I just hope you are not eating there...

 

[JBP55]

Class A ≠ Class A General Retail!

The local BATF doesn't even know the difference! I have dealt with them, the average agent DOES NOT UNDERSTAND THE LIQUOR LICENSE LAWS! You can have a class A general retail permit and serve food and allow minors during daytime hours but if that is the case you have to post the hours and information outside! That is called a Class A general retail permit with a Restaurant endorsement. Most restaurants have a Class A - Restaurant which is completely different. Does it make any sense. NO. Does it mean you can carry at Applebees, sure, I just hope you are not eating there...

They concentrate on E of the F rather than the BAT.

 

[Bayoupiper]

Class A ≠ Class A General Retail!

The local BATF doesn't even know the difference! I have dealt with them, the average agent DOES NOT UNDERSTAND THE LIQUOR LICENSE LAWS! You can have a class A general retail permit and serve food and allow minors during daytime hours but if that is the case you have to post the hours and information outside! That is called a Class A general retail permit with a Restaurant endorsement. Most restaurants have a Class A - Restaurant which is completely different. Does it make any sense. NO. Does it mean you can carry at Applebees, sure, I just hope you are not eating there...

You are describing an AR Conditional permit and not a Class A General permit.

The AR Conditional is only issued in very rare situations.

A Class AG NEVER allows under 18 on the premises!

Most of the ATC agents don't know because they are brand new.

Any agent with experience has been run off by the new Commissioner.



.

 

[Bayoupiper]

They concentrate on E of the F rather than the BAT.

Actually "local" ABC or ATC have nothing to do with firearms.

But let's not let this small point get in the way of his rant.





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[JNieman]

I think this very page of the thread is reason enough to take modify the law to take out the contingency of relying on the PERMIT for identification of legal carry zones.

Or to quote every horrible late night infomercial... THERE HAS TO BE A BETTER WAY!

 

[jared.scoggan]

I am only in LA cause of the Military, but I have a Utah CCW (which has formal reciprocity with LA) from what I have understood to be the general census for everywhere I have been (with the exception of constitutional carry states like Arizona, Wyoming and hopefully soon Utah) as long as alcohol isn't the primary purpose of business you are fine so long as it is not posted on the outside of the building that firearms are not allowed (like the signs at 7-11), however, if you are in a restaurant and sitting in the dining section and they have a separate bar (applebees, buffalo wild wings, sizzler, ruby tuesdays, etc) you are fine...again these are the Utah laws that have FORMAL RECIPROCITY with LOUISIANA (written agreements between the Attorney General's and Governors)