Opinion Number

Dear Mr. Free,

This office is in receipt of your opinion request in which you ask whether the West Baton Rouge Parish Police Jury has the authority to restrict the sale of alcoholic beverages within three hundred (300) feet of designated residential areas.

LSA-R.S. 26:81 provides for limitations to the granting of permits to deal in alcoholic beverage sales and distribution and, in applicable part, provides as follows:

A. No permit shall be granted under this Chapter in contravention of any municipal or parish ordinances adopted pursuant to the zoning laws of the state.

C. When prohibited by…