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My Restaurant or Bar in Orleans Parish is Closed Due to COVID. What do I need to do about renewing my Liquor License?

Posted by Amanda Butler Schley | Apr 30, 2020 | 2 Comments

The State of Louisiana and the Parish of Orleans extended the date to renew your liquor licenses.  The State's renewal is due today, and the City's renewal has been extended until May 31, 2020.

We wanted to share with you some general guidance provided by the Louisiana ATC Counsel with regard to other issues of concern for closed businesses:

Per State ATC counsel:

  • A business temporarily closing because of the virus does not have to notify the ATC.
  • There is not a maximum time a business can be closed in order to be able to reopen once deemed safe to do so.
  • A business that temporarily closes can keep its inventory on site as long as the inventory is stored securely.
  • A business that temporarily closes does not need to notify its vendors.

ATC counsel also advised, generally, that the ATC would not be penalizing any business that is closed during the pandemic.

Per New Orleans One Stop and Bureau of Revenue:

Businesses do not have to notify One Stop (Safety and Permits Department) of temporary closure. One Stop has advised generally that it will follow state ATC procedures and requirements for temporary business closures. There are no specific guidelines for reopening. However, any non-conforming (i.e., closed) businesses that hold alcohol permits should take note that, while non-confirming use abandonment is tolled during the declared emergency, it resumes once the emergency is over.

The Bureau of Revenue does not require notification of temporary closure. There is not a maximum time the Department of Revenue will allow a business to be closed in order to continue operating under its existing license once the business is able to reopen. Businesses are allowed to operate as long as the occupational license is valid for the remainder of the year. For the months where there has been no activity, a “zero” sales tax return should be filed. For months before the Stay At Home Order, where taxes have already been collected from customers on retail sales, those tax returns should be filed. Payments can be submitted online.

The Governor announced that the Stay At Home Order will be extended statewide to May 15.  The Governor's Order provides:

  • Businesses that were expressly directed to be closed in the previous Orders will remain closed.
  • Businesses that are deemed essential under the third phase of federal CISA guidance may still be open.
  • Non-essential retail businesses in Louisiana continue to be able to open with fewer than 10 people total inside.
  • Malls will remain closed to the public, but stores may open for curbside delivery.
  • Restaurants will be allowed to open their outside areas for patrons to eat meals only, without tableside service.
  • All employees of a business who have contact with the public must wear a mask

Mayor Cantrell's Order for restaurants is different in that it does not allow restaurants to be open in their outside areas for patrons to eat meals, without tableside service. 

About the Author

Amanda Butler Schley

Ranked as a Top Rated Business and Commercial Attorney, I have more than a decade of experience representing boutique hotels, family-owned businesses, privately owned restaurants, breweries, artists, executives and entrepreneurs.

Comments

Thelma Prioux Reply

Posted May 01, 2020 at 11:40:07

FMLA AND DISCRIMINATION LAWS WERE NOT ENFORCED

Amanda Butler Schley Reply

Posted May 04, 2020 at 05:35:55

Thelma – BLG advises on FLMA and Title VII claims for both employees and employers – will be in touch!

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