§ 10-568. When operator lives on premises.

Under the terms and conditions of this chapter, and the agreement under which permits are granted for such places of business, where the operator resides in or on the same premises and where the permit allows the storage or sale of alcoholic beverages anywhere on such premises, such premises are hereby declared to be entirely and completely commercial, so far as the agreement for the search of the entire premises is concerned (though this provision does not affect the zoning laws) and, as such, shall, notwithstanding the provisions of section 10-567 be subject to invasion and search without a search warrant, unless the holder of such permit specifically defines and limits the area in which such alcoholic beverages are to be stored or sold, in which case the area so defined shall not have any opening into any portion or part of the property used as residential, either through an adjoining room, hallway, stairs, yard or otherwise, but the commercial and residential parts of the premises must be completely separate and distinct from each other and divided and separated from each other by a solid partition from floor to ceiling without any openings whatever therein in order that such person or dealer may claim or demand a search warrant or for the term "bona fide residence" to apply to such case.

(Code 1956, § 5-109)

State law reference

Similar provisions, R.S. 26:371(B).