Sec. 3-23.1. Certificate of qualifications (ABO employee card).

(a)    Required.

(1)    Every alcoholic beverage handling employee shall obtain a certificate of qualifications or ABO employee card prior to entering into employment on an alcoholic beverage permit holder’s premises.

(2)    The provisions of this section shall not apply to persons selling beverages of low alcoholic content on a volunteer basis without pay on the premises of a city council approved fair or festival when a portion of the proceeds are retained by a nonprofit organization; however, each site or facility from which alcoholic beverages are dispensed shall be under the direct supervision during all hours of operation by a manager holding a current alcoholic beverage handling employee card.

(3)    Violation of this section is punishable as provided in section 1-9 of this Code.

(b)   Responsibility of alcoholic beverage permittees.

(1)    It shall be unlawful for any alcoholic beverage permit holder to allow any alcoholic beverage handling employee, including, but not limited to, servers, bartenders, managers, dancers, maintenance persons and floorwalkers to be present on the premises when alcoholic beverages or containers thereof are handled, dispensed or consumed on the premises, unless such alcoholic beverages handling employee is in possession of an alcoholic beverage handling employee card issued under authority of this article.

(c)    Qualifications of applicants. An applicant for an ABO employee card shall meet the following qualifications and conditions:

(1)    He must be a person of good character and reputation and eighteen (18) years of age or older.

(2)    He must not have been convicted of a felony under the laws of the United States, the state or any other state or country.

(3)    The applicant shall not have been convicted of prostitution, soliciting for prostitution, pandering, letting premises for prostitution, employing or permitting the presence of B drinkers, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place, illegally dealing in controlled dangerous substances or any violation of the Uniform Controlled Dangerous Substances Law (R.S. 40:961 et seq.), or as such offenses may now or hereafter be otherwise named.

(4)    He must not have been convicted of violating the provisions of this chapter.

(5)    He must not have had his alcoholic beverage handling employee card revoked within two years next preceding the application.

(6)    He must not have been convicted of violating any municipal or parish ordinance relating to alcoholic beverages. In such case, the granting or denial of a card is within the discretion of the mayor or his designee.

(7)    The applicant shall not have been convicted of any obscene, lewd or immoral act on any premises licensed under this chapter.

(8)    The applicant must truthfully answer all questions on the application. A material misstatement or suppression of fact in the application or accompanying affidavit is grounds for denial of a permit to handle alcoholic beverages. Violation of this subpart is punishable as provided in section 1-9 of this Code.

(9)    The applicant may submit either a background check or a notarized affidavit supplied by the Department of Inspection and Code Enforcement attesting to his/her character and fitness required under subpart (c) of this section.

(d)   Issuance or denial. The mayor or his designee is hereby authorized to issue, without delay, an ABO employee card, in his discretion, he finds the applicant to be qualified or may deny the application.

(e)    Hearing and appeal when application for permit is denied. The applicant may appeal within ten (10) days of such denial to the Council for a hearing on such denial for the city council to determine if such denial is justified in the exercise of its reasonable and sound discretion.

(f)    Term. All ABO employee cards shall be issued for a term of two (2) years and shall expire on the anniversary of the date issued. All applications for renewal may be made within thirty (30) days of the expiration of the old card.

(g)   Valid on premises of any permit holder, exception. An ABO card shall be good and valid for use on the premises of any alcoholic beverage permit holder’s premises in the City of Kenner. Each alcoholic beverage permit holder shall maintain a current written list of all ABO employees with their addresses on forms made available by the Department of Inspection and Code Enforcement; and shall make the list available for inspection when requested by an authorized individual.

(Ord. No. 10,211, § 5, 3-3-11; Ord. No. 10,232, § 2, 5-19-11)