Louisiana Revised Statutes 46:231.14 – Prohibited retailers, goods, and services; penalties; appeals
Terms Used In Louisiana Revised Statutes 46:231.14
- Adult paraphernalia store: means an establishment that has as a substantial or significant portion of its stock clothing, objects, tools, toys, or any other items distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement. See Louisiana Revised Statutes 46:231
- Amusement attraction: means a movie theater, video arcade, or any other building, structure, or place principally devoted to activities providing amusement, pleasure, thrills, or excitement. See Louisiana Revised Statutes 46:231
- Amusement ride: includes inflatables. See Louisiana Revised Statutes 46:231
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Automated teller machine: means an electronic hardware device that is capable of dispensing currency and responding to balance inquiries through the use of a magnetic stripe card issued by or on behalf of the state for distribution of assistance through an electronic benefits transfer system as described in this Subpart. See Louisiana Revised Statutes 46:231
- Bar: means a business that holds a Class A-General retail permit and the primary purpose of such business is to serve alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages. See Louisiana Revised Statutes 46:231
- Cash assistance: means funds that the department provides through the Family Independence Temporary Assistance Program and the Kinship Care Subsidy Program to eligible beneficiaries for the purpose of assisting those persons in meeting ongoing basic needs. See Louisiana Revised Statutes 46:231
- Commercial body art facility: means any location, place, area, or business, whether permanent or temporary, that provides consumers access to personal services workers who for remuneration perform any of the following procedures:
(a) Tattooing or inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible under the skin. See Louisiana Revised Statutes 46:231
- Cruise ship: means any commercial ship used for the domestic or international carriage of passengers. See Louisiana Revised Statutes 46:231
- Department: means the Department of Children and Family Services. See Louisiana Revised Statutes 46:231
- Fraud: Intentional deception resulting in injury to another.
- Gaming establishment: means a gambling casino and any other establishment which provides gaming activities that are subject to regulation by the Louisiana Gaming Control Board. See Louisiana Revised Statutes 46:231
- Jewelry: means an object or thing consisting of precious stones or precious metals worn as adornment or apparel, including costume jewelry. See Louisiana Revised Statutes 46:231
- Liquor store: means any retail establishment that sells exclusively or primarily intoxicating liquor. See Louisiana Revised Statutes 46:231
- Nail salon: means a commercial establishment that provides nail services of any kind including but not limited to trimming, filing, decorating, shaping, sculpting, or in any way caring for the nails and skin of a person's hands or feet together with massaging the hands, arms, legs, and feet. See Louisiana Revised Statutes 46:231
- Point-of-sale terminal: means an electronic hardware device that meets all of the following criteria:
(a) May be utilized at a retailer's place of business where consumers pay for goods or services. See Louisiana Revised Statutes 46:231
- Psychic: means any person or establishment engaged in the occupation of occult science including a fortune teller, palmist, astrologist, numerologist, clairvoyant, craniologist, phrenologist, card reader, spiritual reader, tea leaf reader, prophet, or advisor who in any manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation. See Louisiana Revised Statutes 46:231
- Sexually oriented business: means any commercial enterprise that has as its primary business the offering of a service or the sale, rent, or exhibit of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. See Louisiana Revised Statutes 46:231
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 La. Rev. Stat. 14:93.10.
(2) A tobacco product as defined in La. Rev. Stat. 14:91.6(B).
(3) A ticket for a lottery as defined in La. Rev. Stat. 47:9002.
(4) Jewelry as defined in La. Rev. Stat. 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 La. Const. Art. VII, § 9(B) 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 La. Rev. Stat. 46:114.4.
(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 La. Rev. Stat. 46:114.4(D).
Acts 2014, No. 842, §1, eff. June 23, 2014.