La. Admin. Code tit. 67 § III-1259

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-1259 - Use of FITAP Benefits

A. FITAP benefits shall not be used in any electronic benefit transfer transaction in:

1. any liquor store;

2. any gambling casino or gaming establishment;

3. any retail establishment that provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment purposes, any adult bookstores, any adult paraphernalia store, or any sexually oriented business;

4. any tattoo, piercing, or commercial body art facility;

5. any nail salon;

6. any jewelry store;

7. any amusement ride, amusement attraction, or video arcade;

8. any bail bonds company;

9. any night club, bar, tavern, or saloon;

10. any cruise ship;

11. any psychic business; or

12. any establishment where persons under age 18 are not permitted.

B. FITAP benefits shall not be used in any electronic benefit transfer transaction at any retailer for the purchase of:

1. an alcoholic beverage as defined in R.S. 14.93.10(3);

2. a tobacco product as defined in R.S. 14.91.6(B);

3. a lottery ticket as defined in R.S. 47:9002(2); or

4. jewelry.

C. For purposes of this Section, the following definitions and provisions apply.

1. The term liquor store is defined as any retail establishment that sells exclusively or primarily intoxicating liquor. It does not include a grocery store that sells both intoxicating liquor and groceries, including staple foods.

2. The terms gambling casino and gaming establishment do not include a grocery store that sells groceries, including staple foods, and that also offers, or is located within the same building or complex as casino, gambling, or gaming activities, or any other establishment that offers casino, gambling, or gaming activities incidental to the principal purpose of the business.

3. The term electronic benefit transfer transaction means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.

4. The term commercial body art facility is defined as any location, place, area, or business whether permanent or temporary, which provides consumers access to personal services workers who for remuneration perform any of the following procedures:

a. tattooing or the insertion of 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;

b. body piercing or the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration; but does not for the purposes of this Part, include piercing an ear with a disposable, single use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear; or

c. the application of permanent cosmetics or pigments under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin, including but not limited to permanent eyeliner, eye shadow, or lip color.

5.Adultparaphernalia store is defined as an establishment having a substantial or significant portion of its stock, including but not limited to, clothing, objects, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement.

6.Sexually oriented business is defined as 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.

7.Nail salon is defined as 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 another person's hands or feet together with massaging the hands, arms, legs, and feet.

8.Jewelry is defined as consisting of precious stones and/or precious metals worn as adornment or apparel. This includes costume jewelry.

9.Amusement attraction is defined as any building or structure which provides amusement, pleasure, thrills, or excitement. This includes movie theaters and video arcades. Amusement attraction does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts.

10.Amusement ride is defined as any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. This includes inflatables.

11.Bail is defined as security given by a person to assure his appearance, or a third-party's, before the proper court whenever required.

12.Bar is defined as 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, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets, as further defined by R.S. 1300:253.

13.Cruise ship is defined as any commercial ship used for the domestic or international carriage of passengers.

14.Psychic is defined as 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, psychic or advisor or who in any other manner claims or pretends to tell fortunes or claims or pretends to disclose mental faculties of individuals for any form of compensation.

D. The FITAP case of a FITAP recipient who is determined to have violated the provisions of this Section shall be closed for the following time periods:

1. 12 months for the first offense;

2. 24 months for the second offense; and

3. permanently for the third offense.

La. Admin. Code tit. 67, § III-1259

Promulgated by the Department of Children and Family Services, Economic Stability Section, LR 39:3061 (November 2013), amended LR 40:1520 (August 2014).

AUTHORITY NOTE: Promulgated in accordance with P.L. 112-96.