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ORDINANCE NO. 1621 OF 2011 ORDINANCE AMENDING SECTIONS 5-1 AND 5-3 OF

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ORDINANCE NO. 1621 OF 2011 ORDINANCE AMENDING SECTIONS 5-1 AND 5-3 OF CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF RUSTON, LOUISIANA RELATING TO ALCOHOLIC BEVERAGES BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RUSTON, LOUISIANA:
§1. Section 5-1 of Chapter 5 of the Code of Ordinances of the City of Ruston, Louisiana is amended to add the following definition:
Sec. 5-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall mean the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Restaurant establishment” means an establishment:
(1) Which operates a place of business whose purpose and primary function is to take orders for and serve food and food items and;
(2) Which serves alcoholic beverages in conjunction with meals and;
(3) Which is capable of serving food through the taking of orders, preparing and serving any and all menu items during all hours of operation and;
(4) Which has a minimum seating capacity for 40 patrons to be served at tables and;
(5) Which maintains separate sales figures on alcoholic beverages and upon review of a monthly compilation of said sales figures, sales of alcoholic beverages are less than that of sales of food items; and
(6) Which operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.
§2. Section 5-3 of Chapter 5 of the Code of Ordinances of the City of Ruston, Louisiana, is amended to provide as follows:
Sec. 5-3. Closing hours.
(a) Between the hours of 12:00 midnight on Saturday and 12:00 noon on Sunday, or between the hours of 12:00 midnight and 6:00 a.m. the following morning, Sunday through Friday, it shall be unlawful for any retail dealer which is a restaurant establishment to sell, offer to sell, dispense or give away any beverages of either low or high alcoholic content within the city, except that the lawful hours shall be extended to 2:00 a.m. on January 1 (New Years Day) of each calendar year only.
(b) Between the hours of 12:00 midnight on Saturday and 6:00 a.m. on the following Monday, or between the hours of 12:00 midnight and 6:00 a.m. the following morning, Monday through Friday, it shall be unlawful for any retail dealer other than a restaurant establishment to sell, offer to sell, dispense or give away any beverages of either low or high alcoholic content within the city.
(c) If the sale of low or high alcoholic content beverages and/or admission or cover charges to the facility constitutes a majority of the gross receipts of any retail dealer, then at the hours set forth in this section, the business establishment shall be closed and the dealer shall cause the customers and patrons to leave the premises not later than 12:15 a.m., and shall securely lock all of the entrance doors to the building or other facilities where the high or low alcoholic beverages are sold or dispensed.
§3. If any section, paragraph, sentence, clause and/or phrase of this Ordinance or the application thereof is declared unconstitutional, unenforceable or invalid by the valid judgment of any court of competent jurisdiction such unconstitutionality, unenforceability or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses and/or phrases of this Ordinance, since the same would have been enacted by the City of Ruston without the incorporation in this Ordinance of any such unconstitutional, unenforceable or invalid section, paragraph, sentence, clause or phrase. To this end, the provisions of this Ordinance are hereby declared severable.
§4. All other Ordinances, or any parts thereof, which are in conflict with the provisions of this Ordinance, are hereby repealed. To the extent that any provision or provisions of this Ordinance are inconsistent or in conflict with any other provision of the Code of Ordinances or any regulation of the City, the provisions of this Ordinance shall be deemed to control.
§5. This Ordinance shall become effective upon final adoption and publication of the same in the manner prescribed by law.
This Ordinance was introduced on November 7, 2011, by Alderman Elmore Mayfield; Notice of Public Hearing was published on November 11, 2011. A Public Hearing was held, the title having been read and the Ordinance considered, on motion to adopt by Alderman Elmore Mayfield, seconded by Alderman Jedd Lewis, a record vote was taken and the following result was had:
YEA: ALDERWOMAN GLENDA HOWARD
ALDERMAN JEDD LEWIS
ALDERMAN ELMORE MAYFIELD
NAY: ALDERMAN JIM PEARCE
ALDERWOMAN MARIE S. RIGGS
ABSENT: NONE
WHEREUPON, the presiding officer declared the above Ordinance duly adopted on the 5th day of December, 2011.
ATTEST:
EMMETT GIBBS, CLERK
DAN HOLLINGSWORTH, MAYOR
1td: December 9, 2011

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