§231.14. Prohibited retailers, goods, and services; penalties; appeals

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 R.S. 14:93.10.

(2) A tobacco product as defined in R.S. 14:91.6(B).

(3) A ticket for a lottery as defined in R.S. 47:9002.

(4) Jewelry as defined in R.S. 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 Article VII, Section 9(B) of the Constitution of Louisiana 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 R.S. 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 R.S. 46:114.4(D).

Acts 2014, No. 842, §1, eff. June 23, 2014.