Silver Dollar Liquor, Inc. v. Red River Parish Police Jury

74 So. 3d 641, 2011 La. LEXIS 1909, 2011 WL 3962921
Supreme Court of Louisiana·Decided September 7, 2011·No. 2010-C-2776·Published·Cited by 14 cases

Opinions

JOHNSON, Justice.

11 This matter involves the validity of Section 3-18 of the Red River Parish Code (“Section 3-18”), which prohibits the Sunday sale of alcoholic beverages. We are called upon to interpret and determine the applicability of two statutes: La. R.S. 51:191, which requires a local-option election in order to authorize a Sunday-closing law; and La. R.S. 26:493, which delegates to political subdivisions the power to regulate the sale of alcoholic beverages.

Plaintiff, Silver Dollar Liquor, L.L.C. (“Silver Dollar”), owns the Silver Dollar Liquor Store located within District 6 of Red River Parish. Silver Dollar filed a declaratory judgment action against defendant, Red River Parish Police Jury (“Police Jury”), seeking to have Section 3-18 declared invalid because there has never been a local option election in District 6 pursuant to La. R.S. 51:191. The Police Jury answered that it has authority under La. R.S. 26:493 to regulate the sale of alcoholic beverages. Relying on La. R.S. 26:493, the court of appeal found in favor of the | ^Police Jury, holding Section 3-18 to be valid.1 Finding the court’s decision created a split in the circuits, we granted Silver Dollar’s writ application to resolve the split.2 For the reasons set forth below, we affirm the decision of the court of appeal.

FACTS AND PROCEDURAL HISTORY

Following the repeal of the prohibition against the manufacture and sale of [643]*643alcohol by the Twenty-First Amendment to the United States Constitution,3 the Louisiana legislature passed legislation permitting the business of selling and producing alcoholic beverages. See La. Acts 1933, Ex.Sess., No. 1.4 While the Twenty-First Amendment grants to the states power to regulate the “delivery or use therein of intoxicating liquors,” this power is broad, and can be delegated by the states as they see fit. See City of Newport, Ky. v. Iacobucci, 479 U.S. 92, 96, 107 S.Ct. 383, 93 L.Ed.2d 334 (1986). Louisiana delegated to its political subdivisions the authority to regulate alcoholic beverages. See La. Acts 1933, Ex.Sess., No. 2.5 This law was codified in the 1950 enactment of the Revised Statutes as La. R.S. 26:494. Title 26 was amended and reenacted in 1987, and La. R.S. 26:494 was reenacted as the current La. R.S. 26:493. This statute provides:

Except as limited by the provisions of this Chapter the various subdivisions of the state may regulate but not prohibit, except by | ^referendum vote as provided by Chapter 3 of this Title or by legally authorized zoning laws of municipalities, the business of wholesaling, retailing, and dealing in alcoholic beverages. No parish or municipality shall, in the exercise of its police power, regulate the business of selling such beverages more than is necessary for the protection of the public health, morals, safety, and peace. Local subdivisions, in adopting these regulatory ordinances, may provide, in addition to the ordinary penalties authorized by law for their violation, provisions which subject the permittee to having his permit suspended or revoked in the manner provided by law for the suspension or revocation of permits.

La. R.S. 26:493.6

As part of this delegation of power, political subdivisions were given authority to hold local option elections to allow the voters to decide whether to prohibit or permit the sale of alcohol within those political subdivisions. See La. Acts 1933, Ex.Sess., No. 2. Throughout the years, the legislature changed this delegation of authority to different political subdivisions.7 Notably, in 1950, the legislature [644]*644restricted exercise of local option elections to wards and incorporated municipalities. La. Acts 1950, Ex.Sess., No. 2.8

14After a 1989 parish-wide prohibition election authorized by Act 17 of the 1935 extraordinary session of the Louisiana legislature, Red River Parish was voted “dry.”9 Red River remained a dry parish until 1974, following this Court’s decision in State v. Sissons, 292 So.2d 523 (La.1974). In Sissons, this Court struck down a Winn Parish ordinance prohibiting the sale of alcoholic beverages on the basis that it exceeded the legislative delegation of power. Specifically, the Court held the exercise of local option on a parish-wide basis rendered the resulting ordinance invalid. This Court found such local option ordinances had been superseded by the subsequent 1950 legislation restricting the exercise of local option exclusively to wards and incorporated municipalities, and expressly prohibiting exercise of local option on a parish-wide basis. Sissons, 292 So.2d at 526.

After the Sissons ruling, local option elections were held in certain wards in Red River Parish for the purpose of regulating the sale of alcoholic beverages.10 However, there has been no election in District 6, where Plaintiffs store is located, regarding the prohibition of sales of alcoholic beverages.

On May 27, 1974, the Police Jury adopted Ordinance Number 61 of Red River Parish. The police jury subsequently adopted the Red River Parish Code, and Section 14 of Ordinance Number 61 became Section 3-18 of the Red River Parish Code. Section 3-18 provides, in pertinent part:

|fiClosing hours.

No person holding a retail dealer’s permit and no servant, agent or employee of the permittee, shall sell or serve any beverage of a low alcoholic content or of [645]*645a high alcoholic content or any malt beverage as defined herein between the hours of 12:00 midnight and 6:00 a.m. or between the days of Saturday at 12:00 midnight and Monday at 6:00 a.m. (Ord. No. 61 § 145-27-75).11

General restrictions on Sunday sales in Louisiana began with the enactment of Act No. 18 of 1886, in what became known as Louisiana’s Sunday Law.12 Section 1 of the Act provided in relevant part for the closure of all stores, shops, saloons, all places of public business and all plantation stores for 24 hours beginning at 12:00 on Saturday nights.13 However, in 1986 the legislature completely revamped the Sunday closing laws and repealed the old “blue laws” with the enactment of 1986 La. Acts I, § 1. The legislature enacted a form of local option in La. R.S. 51:191, which gave the following grant of local authority to parish and municipal governments regarding Sunday closings:

Sunday closing law; local ordinances; election
Except as provided in R.S. 51:19314

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Silver Dollar Liquor, Inc. v. Red River Parish Police Jury, 74 So. 3d 641, 2011 La. LEXIS 1909, 2011 WL 3962921 (La. 2011).

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Silver Dollar Liquor, Inc. v. Red River Parish Police Jury
74 So. 3d 641 (Supreme Court of Louisiana, 2011)