Opinion

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

  • 74 So. 3d 641
  • 2011 La. LEXIS 1909
  • 2011 WL 3962921
Court
Supreme Court of Louisiana
Filed
Sep 7, 2011
Status
Published
Author
Kimball
On the bench
Johnson, Kimball
Cited by
18 cases
Authority
More cited than 10.9%

The opinion

KIMBALL, C.J.,

concurring with reasons.

|1BI concur with the majority opinion because I find it unnecessary to decide whether La. R.S. § 26:493 or § 51:191 is the more specific statute. The statutes are independent grants of authority — one to “control the sale of alcoholic beverages,” the other to “provide for a day of rest.” City of Shreveport v. Belk, 260 La. 1041 , 258 So.2d 79, 80 (1972).

I agree with the majority that the ordinance, which bans the sale of alcohol at certain times, including all-day on Sundays, regulates the sale of alcohol but does not prohibit it. See Belk, 258 So.2d at 80, 81 . Therefore, the local government had power to enact the ordinance without a referendum election pursuant to La. R.S. § 26:49s. 1

. La. R.S. § 26:493 permits the local government to regulate the sale of alcohol in its jurisdiction without a referendum election, but requires a referendum election to prohibit the sale of alcohol.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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