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

> Supreme Court of Louisiana · September 7, 2011 · 74 So. 3d 641

URL: https://www.frixlaw.com/law-library/cases/9780328

## Case

- **Full name:** Silver Dollar Liquor, Inc. v. Red River Parish Police Jury
- **Court:** Supreme Court of Louisiana
- **Decided:** September 7, 2011
- **Citations:** 74 So. 3d 641; 2011 La. LEXIS 1909; 2011 WL 3962921
- **Precedential status:** Published
- **Opinion:** Concurrence by Kimball
- **Judges:** Johnson, Kimball
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9780328

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9780328. Public record. Not legal advice.