Can a Louisiana liquor permit be revoked because a church opens nearby after the business was licensed?

Plain-English summary

In 2005, Monroe's assistant city attorney asked whether a church could locate near an existing alcohol seller and what would happen to the seller's permit. The Attorney General found no statute barring the church from locating there. Municipal or parish ordinances could restrict issuing a new alcohol permit near a church under the statutes discussed in the opinion.

For low-alcohol beverage permits, R.S. 26:281(F) expressly protected an existing license against revocation or refusal to renew when the church property was acquired after the permit was obtained. The AG found no matching language for high-alcohol permits in R.S. 26:81. It nevertheless reported that the Office of Alcohol and Tobacco Control did not treat the later church location as grounds for immediate revocation or denial of renewal, and deferred to that agency's interpretation.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy.

Common questions

Could a church locate near an already licensed alcohol seller?

The AG reported finding no zoning statute that prevented a church from locating within a certain distance of an alcohol seller. Its answer distinguished that question from restrictions on issuing a permit to a seller locating near a church.

Did the later church location automatically revoke an existing permit?

No. The opinion said it was not grounds for automatic revocation. For low-alcohol permits, it pointed to R.S. 26:281(F); for high-alcohol permits, it relied on the licensing agency's reported interpretation and practice.

Was the statutory renewal protection the same for beer and liquor permits?

No. The AG said R.S. 26:281(F)'s express exception covered low-alcohol beverages and that R.S. 26:81 had no corresponding language for high-alcohol beverages. The agency nevertheless said it would renew licenses in these circumstances so the two kinds of licensee were treated similarly.

Background and statutory framework

R.S. 26:81 and R.S. 26:281 addressed issuance of alcohol permits near churches where a local ordinance prohibited the location. The opinion separated a new permit at a prohibited location from a church moving near a business that already had a permit. It quoted R.S. 26:281(F)'s protection for the latter situation and discussed the regulatory agency's reading of R.S. 26:81.

Citations

• R.S. 26:81 (high-alcohol permit location rule).
• R.S. 26:281 (low-alcohol permit location rule).
• R.S. 26:281(F) (later-acquired church property and existing low-alcohol permits).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0205

Original opinion text

November 2, 2005
OPINION 05-0205

55-B Intoxicating Liquors-Permits, Licenses and Fees R.S. 26:281; R.S. 26:81(E); R.S. 26:281(F)

Ms. La Koshia R. Roberts
Where a church purchases property or locates within 300 feet of
premises already licensed to sell alcoholic beverages, the business
Assistant City Attorney
owner’s liquor permit is not subject to automatic revocation on this
400 Lea Joyner Memorial Expressway
basis.
P. O. Box 123
Monroe, LA 71210-0123

Dear Ms. Roberts:

Reference is made to your correspondence to this office, where you first ask whether there are any statutes pertaining to zoning which would prevent a church from locating within a certain distance from an establishment which sells alcoholic beverages. Our research reflects there are none.

In the alternative, and as you are well aware, both R.S. 26:81 and R.S. 26:281 prohibit the issuance of permits to dealers of beverages of high and low alcoholic content where the business locates within 300 feet of a church or school where the location of such a business is prohibited by municipal ordinance.1

1
§81. Location of business limited
C. When prohibited by municipal or parish ordinance, no permit shall be granted for any premises situated within three hundred feet or less, as fixed by the ordinance, of a public playground or of a building used exclusively as a church or synagogue, public library, school, or full-time day care center as defined as R.S. 17:405(A)(4). In municipalities and in unincorporated areas which are divided into subdivisions with streets, blocks, and sidewalks, subject to the adoption of the alternate methods of measurement as provided for in paragraph (2) of this Subsection, this distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the church, synagogue, public library, public playground, school, or full-time day care center to the nearest point of the premises to be licensed. (2) A municipality may adopt an ordinance establishing an alternate method of measurement of the three hundred foot limitation by measuring a straight line from the nearest point of the property line of the church or synagogue, pubic library, school, or full-time day care center to the nearest point of the premises to be licensed. Such alternate method of measurement shall only apply prospectively to the issuance of a new alcohol permit issued on or after the date the ordinance has been adopted.
§281. Location of business limited; exception
C.(1) When prohibited by municipal or parish ordinance, no permit shall be granted for any premises situated within three hundred feet or less, as fixed by ordinance, of a public playground or of a building exclusively as a church or synagogue, public library, school, or full-time day care center as defined in R.S. 17:405(A)(4). In municipalities and in unincorporated areas which are divided into subdivisions with streets, blocks, sidewalks, etc., subject to the adoption of the alternate method of measurement as provided for in Paragraph (2) Subsection, this distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the church or synagogue, public library, public playground, school or full-time day care center to the nearest point of the premises to be licensed. (b). A municipality may adopt an ordinance establishing an alternate method of measurement of the three hundred foot limitation by measuring a straight line from the nearest point of the property line of the church or synagogue, public library, school, or full-time day care center to the nearest point of the premises to be licensed. Such alternate

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Ms. LaKoshia R. Roberts
OPINION 05-0205
Page 2

Note that there is an exemption in the law which permits a seller of low alcoholic beverages to renew his permit to sell such beverages where a church locates within the prohibited area after the seller’s original license was obtained. R.S. 26:281(F) states:

(F) Should any premises licensed to deal in beverages of low alcoholic content be located within a distance less than that provided by a municipal or parish ordinance pursuant to this Section from property which is purchased or acquired after the license was obtained for the construction, erection, movement or development of a public playground or a building used exclusively as a church or synagogue, public library, school, or full- time day care center, such subsequent purchase or acquisition shall not be grounds for the revocation, withholding, denial or refusal to renew the permit on said premises either by state or local authorities.

The exemption of R.S. 26:281(F) pertains only to sellers of beverages of low alcoholic content; there is no corresponding language in R.S. 26:81 pertaining to beverages of high alcoholic content.

However, the Office of Alcohol and Tobacco Control is the state office responsible for issuing alcoholic beverage licenses to manufacturers, native wineries, retailers, wholesalers, and wholesale tobacco product dealers. We are informed by that office that these facts do not constitute grounds for immediate revocation of a permit; rather the practice of that office in these circumstances would be to renew the license so that beer and liquor licensees are treated similarly in similar circumstances. We are further informed by that office that the agency’s interpretation of R.S. 26:81 does not require a denial of the licensee’s application for renewal given the stated facts.

Note that the doctrine of contemporaneous construction may be applied to clarify the meaning of R.S. 26:81. Under this doctrine, when an administrative body has, over a long period of time, placed an interpretation upon a legislative enactment, that interpretation is given substantial and often decisive weight in the legislation’s interpretation. See State v. BP Exploration & Oil, Inc., 686 S02d 823 (LA 1997), Board of Trustees of State Employees Group Benefits Program v. St. Landry Parish Bd. 844 So.2d (LA. App. 1st Cir. 2003); Ouachita Parish School Board v. Ouachita Parish Supervisors Association, 362 So.2d 1138 (LA 1978); Washington v. St. Charles Parish School Board, 288 So.2d 321 (LA 1974).

The Office of Alcohol and Tobacco Control is the regulatory agency authorized to enforce state law regarding the issuance of alcoholic beverage permits. We defer to that agency regarding the interpretation of existing law in this area.

method of measurement shall only apply prospectively to the issuance of a new alcohol permit issued on or after the date the ordinance has been adopted.

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Ms. LaKoshia R. Roberts
OPINION 05-0205
Page 3

We hope the foregoing information is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

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Ms. LaKoshia R. Roberts
OPINION 05-0205
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OPINION 05-0205

55-B Intoxicating Liquors-Permits, Licenses and Fees

R.S. 26:281; R.S. 26:81(E); R.S. 26:281(F)

Where a church purchases property or locates within 300 feet of premises already licensed to sell alcoholic beverages, the business owner’s liquor permit is not subject to automatic revocation on this basis.

Ms. La Koshia R. Roberts
Assistant City Attorney
400 Lea Joyner Memorial Expressway
P. O. Box 123
Monroe, LA 71210-0123

Date Received:
Date Released: November 2, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL