§ 46:231.14 — Prohibited retailers, goods, and services; penalties; appeals

Louisiana § 46:231.14

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§231.14. Prohibited retailers, goods, and services; penalties; appeals
A. No retailer or other business establishment that participates in the cash assistance
electronic benefits transfer system shall accept the electronic benefits transfer card in
payment for any of the following:
(1) An alcoholic beverage as defined in R.S. 14:93.10.
(2) A tobacco product as defined in R.S. 14:91.6(B).
(3) A ticket for a lottery as defined in R.S. 47:9002.
(4) Jewelry as defined in R.S. 46:231.
B. The following retailers and business establishments are prohibited from
conducting any electronic benefits transfer transaction:
(1) A liquor store.
(2) A gaming establishment.
(3) A retail establishment that provides adult-oriented entertainment in which
performers disrobe or perform in an unclothed state for entertainment purposes.
(4) An adult bookstore.
(5) An adult paraphernalia store.
(6) A sexually oriented business.
(7) A commercial body art facility.
(8) A nail salon.
(9) A jewelry store.
(10) An amusement ride.
(11) An amusement attraction.
(12) A bail bonds company.
(13) A bar.
(14) A cruise ship.
(15) A psychic business.
(16) An establishment where persons under eighteen years of age are not permitted
to enter.
C.(1) Except as provided in Paragraph (2) of this Subsection, on or before April 1,
2015, each business of any type described in Subsection B of this Section that has an
automated teller machine or point-of-sale terminal on its premises shall disable access to
electronic cash assistance benefits through such machine or terminal.
(2) The provisions of Paragraph (1) of this Subsection shall not apply to any business
approved by the Food and Nutrition Service of the United States Department of Agriculture
as a retailer in the Supplemental Nutrition Assistance Program of this state.
D. A retailer or other business establishment that violates any provision of
Subsection A or B of this Section shall be subject to the following civil fines:
(1) Five hundred dollars for the first violation.
(2) One thousand dollars for the second violation.
(3) Two thousand five hundred dollars for the third violation and each violation
thereafter.
E.(1) The department shall promulgate rules and regulations in accordance with the
Administrative Procedure Act to effectuate the provisions of this Section. The rules and
regulations shall provide, at minimum, for notice to a retailer or other business establishment
of any violation, and for an appeal procedure including judicial review.
(2) The appeal provided for in this Subsection shall be suspensive. Each appeal
initiated pursuant to this Subsection shall be heard by the division of administrative law in
accordance with the applicable provisions of Chapter 13-B of Title 49 of the Louisiana
Revised Statutes of 1950.
(3) The division of administrative law shall furnish to the department and retailer or
other business establishment a copy of the decision rendered in the appeal and written notice
of the manner for requesting judicial review.
(4) Authority to impose the fines provided for in Subsection D of this Section shall
commence on April 1, 2015.
F. The department may institute any civil court action necessary to collect fines
imposed pursuant to this Section and not timely appealed. Interest shall begin to accrue at
the current judicial rate on the day following the date on which any fines become due and
payable. All costs of any successful action to collect such fines, including travel expenses
and reasonable attorney fees, shall be awarded to the department in addition to the fines.
G.(1) Civil fines collected pursuant to the provisions of this Section shall be
deposited immediately into the state treasury.
(2) After compliance with the requirements of Article VII, Section 9(B) of the
Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to
the monies being placed in the state general fund, an amount equal to the amount deposited
as provided in Paragraph (1) of this Subsection shall be credited to the Fraud Detection Fund
created by R.S. 46:114.4.
NOTE: Paragraph (G)(3) eff. until Oct. 1, 2027. See Acts 2025, No. 478.
(3) Monies in the Fraud Detection Fund may be appropriated by the legislature to the
office of children and family services of the department in the manner prescribed by and for
the purposes specified in R.S. 46:114.4(D).
NOTE: Paragraph (G)(3) as repealed by Acts 2025, No. 478, eff. Oct. 1, 2027.
(3) Repealed by Acts 2025, No. 478, §17, eff. Oct. 1, 2027.

Legislative History

Acts 2014, No. 842, §1, eff. June 23, 2014; Acts 2025, No. 478, §17, eff. Oct. 1, 2027.