COLE-MIERS POST 3619 VFW v. State, Department of Revenue & Taxation

765 So. 2d 312, 2000 WL 49636
CourtSupreme Court of Louisiana
DecidedJanuary 19, 2000
Docket99-C-2215
StatusPublished
Cited by10 cases

This text of 765 So. 2d 312 (COLE-MIERS POST 3619 VFW v. State, Department of Revenue & Taxation) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
COLE-MIERS POST 3619 VFW v. State, Department of Revenue & Taxation, 765 So. 2d 312, 2000 WL 49636 (La. 2000).

Opinion

765 So.2d 312 (2000)

COLE-MIERS POST 3619 V.F.W. OF DeRIDDER
v.
STATE of Louisiana, DEPARTMENT OF REVENUE & TAXATION, OFFICE OF ALCOHOLIC BEVERAGE CONTROL.

No. 99-C-2215.

Supreme Court of Louisiana.

January 19, 2000.

Celia R. Cangelosi, Baton Rouge, Counsel for Applicant.

Lloyd Keith Milam, De Ridder, Counsel for Respondent.

JOHNSON, J.[*]

We granted certiorari in this case because of a conflict among the circuits relative to the meaning and effect of La. R.S. 26:81 E and to determine whether the exception in La. R.S. 26:81 E permits the issuance of a liquor license in subdivisions of the state where the electors have voted to prohibit the sale of alcohol by local option election. After considering the language of the statute, the legislature's purpose in revising the Alcohol Beverage Law (La. R.S. 26: et seq.), and the history of La. R.S. 26:81, we reverse the ruling of the *313 court of appeal and hold that the exception contained in La. R.S. 26:81 E does not apply to those subdivisions of the state that have prohibited the sale of alcohol by referendum vote under La. R.S. 26:581 et seq.

FACTS AND PROCEDURAL HISTORY

A referendum election[1] was held on December 4, 1976 in Ward 3 of Beauregard Parish and the electors of that Ward voted to prohibit the sale of alcoholic beverages. Cole-Miers Post 3619, Veterans of Foreign Wars of DeRidder, located in Ward 3, applied for state permits in 1997 that would allow the sale of alcoholic beverages of both low and high alcoholic content. The Office of Alcohol and Tobacco Control ("ATC"), formerly the Office of Alcoholic Beverage Control, denied the application in accordance with La. R.S 26:81 B(1), which states in relevant part: "No permit shall be issued [to sell alcoholic beverages] by the Commissioner or by any municipality or parish to authorize any business in any subdivision of the state where the business [of selling alcohol] has been prohibited by referendum vote." La. R.S. 26:81 B(1).

Plaintiff sought judicial review in the 36th Judicial District Court. At trial, the parties submitted the referendum vote of December 1976, wherein the citizens of Beauregard Parish elected to prohibit the sale of alcoholic beverages in the area where the VFW's premises are located and the defendant's letter of denial for a state permit to sell both high and low alcoholic content beverages in that area. The district court affirmed the decision of the ATC, denying applications for a Class A[2] general beer and liquor permit because the VFW is located in an area where the sale of alcohol is prohibited.

Plaintiff filed an appeal in the Third Circuit Court of Appeal. The majority reversed the trial court concluding that the exception set forth in La. R.S. 26:81 E permitted the issuance of a Class A general beer and liquor permit despite the referendum vote to prohibit the sale of alcoholic beverages because plaintiff was a fraternal organization within the meaning of La. R.S. 26:81 E. The Third Circuit found that subsection E applied to all of the preceding subsections, A through D, reasoning that had the legislature intended the exception to apply only to certain subsections, it would have placed the exception within the subsections. Instead, the court found that E is in a separate subsection following A through D, thus, it applied to all preceding subsections. Cole-Miers Post 3619 V.F.W. of Deridder v. State of Louisiana, et al., 98-1879 (La.App. 3 Cir.7/14/99), 747 So.2d 598.

*314 We granted certiorari in this matter to determine whether the exception in La. R.S. 26:81 E permits the issuance of a liquor license in subdivisions of the state where the electors have voted to prohibit the sale of alcohol by local option election. Cole-Miers Post 3619 V.F.W. of Deridder v. State of Louisiana, et al. 99-2215 (La.9/24/99); 747 So.2d 1109.

LAW

Under the general rules of statutory construction, courts begin their review with the premise that legislation is the solemn expression of legislative will and, therefore, the interpretation of the law involves, primarily, the search for the legislature's intent. La. C.C. art. 2; Falgout v. Dealers Truck Equipment Co., 98-3150 p. 1 (La.10/19/99); 748 So.2d 399. Thus, when a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. La. C.C. art. 9. When the statutory language is susceptible to more than one meaning, however, it must be interpreted as having the meaning that best conforms to the purpose of the law, and the meaning of ambiguous words must be sought by examining the context in which they occur and the text of the law as a whole. La. C.C. arts. 10 and 12; Touchard v. Williams, 617 So.2d 885, 888 (La. 1993). Thus, statutory interpretation is a matter of law and rests squarely in the hands of the judiciary. In re: the Matter of Louisiana Health Service and Indemnity Company 98-3034 p. 1 (La.10/19/99); 749 So.2d 610.

We, therefore, begin by looking to the language of the statute itself. La. R.S. 26:81 states:

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.
B. (1) No permit shall be issued by the commissioner or by any municipality or parish to authorize any business in any subdivision of the state where the business has been prohibited by referendum vote.
* * *
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, or school.
* * *
D. Outside of municipalities and unincorporated areas which are not divided into subdivisions with streets, blocks, or sidewalks, parish ordinances may extend the prohibition to a distance of five hundred feet of the church, synagogue, public library, school, or playground.
* * *
E. The prohibitions in this Section do not apply to any premises which are maintained as a bona fide hotel, or fraternal organization, nor to any premises which have been licensed to deal in alcoholic beverages for a period of one year or longer prior to the adoption of the ordinance.

Plaintiff argues that La. R.S. 26:81 E creates an exception to the general prohibition in 26:81 B(1) and allows for issuance of alcohol licenses to fraternal organizations within a dry area. However, reading subsection E as an exception to all of the preceding sections, A through D, would lead to absurd consequences. If applied strictly, the exception would allow a business to sell beverages of high alcohol content in areas voted dry while those same businesses would be strictly prohibited to sell beverages of low alcohol content under *315 the complete ban of La. R.S. 26:281.[3] It would be illogical to allow the sale of beverages of high alcohol content while strictly banning beverages of low alcohol content in a locality trying to restrict the sale of alcohol. These absurd results make this court look further into the real intentions of the legislature when adopting the exception of La. R.S. 26:81 E.

LEGISLATIVE HISTORY AND DISCUSSION

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Opinion Number
Louisiana Attorney General Reports, 2000

Cite This Page — Counsel Stack

Bluebook (online)
765 So. 2d 312, 2000 WL 49636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-miers-post-3619-vfw-v-state-department-of-revenue-taxation-la-2000.