Legal Opinion

Opinion Number

Louisiana Attorney General Reports

Decided September 16, 1999Published

1Opinion of the Court

Dear Ms. Sullivant:

We respond to your questions in the order presented.

1. Can a Lawrason Act Municipality validly regulate the sale of alcoholic beverages without a referendum but by Ordinance duly adopted by the Governing authority?

Note first that R.S. 26:493 deals with the regulation of alcohol generally while R.S. 51:191 deals specifically with the narrow issue of Sunday sales. These statutes provide, respectively:

§ 493. Local regulatory ordinances

Except as limited by the provisions of this chapter the various subdivisions of the state may regulate but not prohibit, except by referendum…

2Cases cited6 opinions

  1. Liberto v. Rapides Parish Police JuryLouisiana Court of Appeal · 1995
  2. City of Zwolle v. PolkLouisiana Court of Appeal · 1994
  3. O'NEAL v. Jackson Parish Police JuryLouisiana Court of Appeal · 1995
  4. Heinick v. Jefferson Parish School Bd.Louisiana Court of Appeal · 1997
  5. Sabine Parish Police Jury v. Office of the Alcoholic Beverage ControlLouisiana Court of Appeal · 1994

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