Chapter 4 – ALCOHOLIC BEVERAGES [14]
Sec. 4-2. – Operation without permit.
Sec. 4-3. – Application of state law.
Sec. 4-4. – Permit issuance and application generally; special advisory committee.
Sec. 4-5. – Content of application for permit.
Sec. 4-6. – Notice of application for retail dealer’s permit.
Sec. 4-7. – Qualifications of applicants for permits.
Sec. 4-8. – Procedure for determination to issue or withhold permit.
Sec. 4-9. – Issuance of permits by sheriff; handling of fees.
Sec. 4-10. – Permit expiration and renewal generally.
Sec. 4-11. – Renewal of permit.
Sec. 4-12. – Personal nature of permits and change of location.
Sec. 4-13. – Interposed persons.
Sec. 4-14. – Violations generally; permit suspension or revocation.
Sec. 4-15. – Location of business limited.
Sec. 4-16. – Misstatement or suppression of fact in application.
Sec. 4-17. – Acts prohibited on licensed premises; suspension or revocation of permits.
Sec. 4-18. – Additional causes for suspension or revocation of permits.
Sec. 4-19. – Proper petitioners in action to suspend or revoke permit.
Sec. 4-20. – Procedure for suspending or revoking permit.
Sec. 4-21. – Cause necessary for withholding, suspending or revoking of permit.
Sec. 4-22. – Convictions by court not essential to withholding, suspending or revoking permit.
Sec. 4-23. – Revocation or suspension not exclusive penalty.
Sec. 4-24. – Status of premises after revocation of permit.
Sec. 4-25. – Notice of hearing.
Sec. 4-26. – Place of hearing.
Sec. 4-27. – By whom hearing conducted; record; briefs.
Sec. 4-28. – Contempt at hearings; penalty.
Sec. 4-29. – Procedure, when permittee or applicant fails to appear at hearing; continuances.
Sec. 4-31. – Cost of hearings.
Sec. 4-32. – Decisions to withhold, suspend, or revoke permits final unless appealed and reversed.
Sec. 4-33. – Appeals to courts.
Sec. 4-34. – Summary proceedings on appeal.
Sec. 4-35. – Interference by courts prohibited.
Sec. 4-36. – Penalties for violation.
Sec. 4-1. – Permit generally.
(a)
There is hereby levied a permit tax for each year upon each person pursuing or engaging in the business of selling spirituous, vinous, malted, fermented, distilled or other intoxicating liquors or liquids, including beer or wine, of alcoholic content in excess of one-half of one percent for consumption in the parish for the regulation of said business, in the sum of two hundred dollars (0.00) per year, payable in advance by check or money order only.
(b)
There is hereby levied a permit tax for each year upon each person pursuing or engaging in the business of selling beverages of low alcoholic content, being alcoholic beverages containing not more than six (6) percent alcohol by volume, of one hundred dollars ($100.00) per year for a wholesale dealer’s permit; forty-seven dollars ($47.00) per year for a Class A retail dealer’s permit and thirty-five dollars ($35.00) for a Class B retail dealer’s permit; Retailers, Class A permit authorizes the retailer to sell for consumption on or off the licensed premises. Retailers, Class B permit authorizes the retailer to sell in sealed containers prepared for transportation and consumption off the premises. This tax shall be paid in advance by check or money order only.
(c)
Before engaging in the business of dealing in alcoholic beverages, including liquors and beer, all persons engaged in such business shall secure an annual permit from the council on or before January second of each year.
(d)
No person shall do any act for which a permit is required by this chapter, unless he holds the proper parish permit. Each sale of intoxicating liquors or “beer only” as herein defined without such permit constitutes a separate violation of this chapter.
(Ord. No. 103, § 2, 6-12-69; Ord. No. 476, § 1, 12-7-83; Ord. No. 88-7, § 1, 1-14-88; Ord. No. 94-126, §§ 1, 2, 7-14-94)
Editor’s note—
Ord. No. 88-7 became effective Jan. 1, 1988.
State law reference— Power of parish to require permits, R.S. 26:73, 26:274.
Sec. 4-2. – Operation without permit.
The retail sale of intoxicating liquors or beer for consumption at any place other than that specified in the permit required herein is hereby prohibited.
The wholesale distribution for sale and consumption within this parish of said intoxicating liquors or liquids and/or “beer only” without payment of the parish permit required herein is hereby prohibited.
(Ord. No. 103, §§ 7, 8, 6-12-69)
Sec. 4-3. – Application of state law.
All applicants shall have the qualifications and shall comply with all provisions of state law with respect to applications for liquor or beer permits and the operation of the business of selling liquor or “beer only,” in the parish including Louisiana Revised Statutes, Title 26, Sections 71, et seq., as amended, subject to the provisions of this chapter.
(Ord. No. 103, § 4, 6-12-69)
Sec. 4-4. – Permit issuance and application generally; special advisory committee.
(a)
Permits for the sale of intoxicating liquors or liquids, or “beer only” for consumption in the parish shall be granted to persons of previous good moral character and reputation for law observance. All applicants for such permits shall file applications with the department of planning, permits and zoing on printed blank forms provided therefor by the department giving information regarding their character and law observance, the place in the parish at which they shall carry on said business, and other information required in this chapter.
(b)
If an applicant has been engaged in the business of selling liquor and/or “beer only” in the parish prior to January 1, 1969, such applicant shall state where he conducted such business and whether he has in the last year employed, or is now employing, “B” girls or females in the conduct of his liquor or “beer only” business and he shall furnish the names and addresses of such “B” girls or females so employed.
(c)
In order to defray expenses associated therewith, all applicants for a parish liquor permit to sell intoxicating liquors in the parish shall deposit ten dollars ($10.00) with such application, and all applicants for a parish “beer only” permit to sell beer in the parish shall deposit five dollars ($5.00) with such application. All one-, two- or three-day permit applications shall be exempt from the above fees.
(d)
All applicants for a parish liquor permit or “beer only” permit shall obtain a clearance certificate from the parish department of finance, sales and use tax section, and attach same to the permit application before the application is forwarded to the parish council for action. A fee of ten dollars ($10.00) shall be due and payable by the applicant to defray expenses incidental thereto. All one-, two- or three-day permit applications shall be exempt from the ten-dollar fee.
(e)
The application shall then be filed with the parish president, the director of finance, and the Plaquemines Parish sheriff who shall have full authority to investigate all applications for liquor and “beer only” permits and to make reports with recommendations for approval or disapproval to the council for issuance of such permits. A copy shall be filed with the council member of the district in which the applicant proposes to conduct such business. All applications approved by such officials shall be submitted to the Council Secretary for approval by the parish council and authorization for issuance of parish permits for the sale and disposition of such liquors or “beer only”. Following approval by the council and signature of the parish president, the council secretary shall forward same to the sheriff who will then be authorized to issue such permits under the conditions set forth in this chapter.
(Ord. No. 103, §§ 1, 3, 6-12-69; Ord. No. 96-157, § 1, 10-10-96)
Sec. 4-5. – Content of application for permit.
Applications for permits to engage in any business or operation regulated by this chapter shall be in writing and sworn to, and shall include the full name of the applicant, his personal identification, his correct home address, the type of business to be conducted, and an accurate description and correct address of the premises wherein the business or operation is to be conducted, which address shall be considered the proper address for all notices to the applicant or permittee required by this chapter, and shall be accompanied by an affidavit of the applicant showing that he meets qualifications and conditions set out in this chapter, particularly sections 4-3, 4-4, subsections (a), (b) and (d), 4-7 and 4-15 and all applicable provisions of state law, subject to the provisions of this chapter.
Unless he is seeking a renewal of his permit, an applicant for a retail dealer’s permit shall attach to his application, as a part thereof, a certificate of publication by the publisher of the newspaper, showing the publication of the notice required in section 4-6.
(Ord. No. 103, § 12, 6-12-69)
Sec. 4-6. – Notice of application for retail dealer’s permit.
Prior to making application for a retail dealer’s permit, each applicant shall twice insert an appropriate signed notice similar to the following in the parish official journal: “I am applying for a permit to sell alcoholic beverages, (or “beer only”), at retail at the following address:____________/____________/____________ in the Parish of Plaquemines, Louisiana.”
The publication of this notice is not required of permittees seeking the renewal of their permits.
(Ord. No. 103, § 11, 6-12-69)
State law reference— Similar provisions, R.S. 26:76, 26:276.
Sec. 4-7. – Qualifications of applicants for permits.
(a)
Applicants for state and local permits of all kinds shall meet the following qualifications and conditions:
(1)
Is a person of good character and reputation and at least twenty-one (21) years of age.
(2)
Is a citizen of the United States and the State of Louisiana and resident of the state.
(3)
Is the owner of the premises or has a bona fide recorded written lease therefor.
(4)
Has not been convicted of a felony under the laws of the United States, the State of Louisiana, or any other state or country.
(5)
Has not been charged or convicted in this or in any other state or by the United States or any other country of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, or illegally dealing in narcotics or stolen property.
(6)
Has not had a license or permit to sell or deal in alcoholic beverages, issued by the United States, any state, or by any political subdivision of a state authorized to issue permits or licenses, revoked within three (3) years prior to the application, or been convicted or had a judgment of court rendered against him involving alcoholic beverages by this or any other state or by the United States for three (3) years prior to the application.
(7)
Has not been adjudged by the council or convicted by a court of violating any of the provisions of this chapter.
(8)
Has not been convicted of violating any of the provisions of this chapter. If the applicant has been so convicted, the granting of a permit or of a renewal is within the discretion of the council.
(b)
If the applicant is a partnership or anyone in partnership with or financed by another, all members of the partnership or all the persons in any way financially interested in the business shall also possess the qualifications required of an applicant. The application shall state the full names of all partners and persons financially interested and the name of the person who shall operate the business, and furnish their proper addresses and each shall furnish his affidavit showing his qualifications, as required of an applicant.
If the applicant is a corporation, all officers and directors and each stockholder owning in the aggregate more than five (5) percent of the stock and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant, to be shown by the affidavit of each accompanying the application. However, the requirement as to the residence does not apply to officers, directors, and stockholders of a corporation, if the corporation was the holder of a permit on July 28, 1950.
If the applicant’s business is to be conducted wholly or partly by one or more managers, agents, servants, employees, or other representatives, that person shall also possess the qualifications required of the applicant, to be shown by the affidavit of each accompanying the application.
(c)
If the applicant, or any other person required to have the same qualifications, does not possess the required qualifications, the permit may be denied.
(Ord. No. 103, § 13, 6-12-69; Ord. No. 89-23, § 1, 2-9-89; Ord. No. 96-157, § 2, 10-10-96)
State law reference— Similar provisions, R.S. 26:79, 26:279.
Sec. 4-8. – Procedure for determination to issue or withhold permit.
(a)
The council may withhold the issuance of permits in the manner and under the provisions of this chapter. The decision to withhold a permit shall be made within thirty-five (35) calendar days of the filing of the application. Upon deciding to withhold issuance of any permit, the council shall notify the Louisiana Board of Alcoholic Beverage Control, or its successor, that it is withholding the permit and give reasons therefor.
(b)
Any person may oppose the issuance of any permit by filing with the council a sworn petition of opposition within fifteen (15) days of the date the application for permit was received. If this petition is timely filed, the council shall withhold the permit and immediately notify the state board. The council shall summon the applicant and hold a hearing on the petition of opposition in the manner provided by this chapter.
(c)
No petition of opposition shall be acted upon by the council unless the petitioner states in an affidavit that he, together with witnesses, if any, will appear at the hearing to establish allegations of the petition and unless the petition sets forth facts constituting a cause or causes enumerated in or authorized by this chapter for the withholding of a permit.
(Ord. No. 103, § 17, 6-12-69)
State law reference— Similar provisions, R.S. 26:84 et seq., 26:282 et seq.
Sec. 4-9. – Issuance of permits by sheriff; handling of fees.
The sheriff of this parish shall issue liquor permits to all applicants whose applications have been approved by the council for the sale of said intoxicating liquor or liquids upon approval as set forth in section 4-4, subsections (a), (b) and (d) and upon the payment of two hundred dollars ($200.00), by check or money order only, per year, and he shall issue permits to all applicants for the sale of “beer only” upon approval as set forth in section 4-4, subsections (a), (b) and (d) and upon the payment of one hundred dollars ($100.00), by check or money order only, per year. Such liquor or “beer only” permit shall not be used by any other person.
The sheriff shall turn over all funds collected for such permits to the finance department to be deposited with the parish fiscal agent and credited to the beverage enforcement fund from which shall be paid the cost of printing application blanks, permits and all other expenses incurred in carrying out the provisions of this chapter, and enforcing its provisions and preventing violations hereof.
(Ord. No. 103, § 5, 6-12-69; Ord. No. 94-176, § 3, 7-14-94)
Sec. 4-10. – Permit expiration and renewal generally.
All parish permits required herein shall expire on December thirty-first of each year and new parish permits shall be issued by the sheriff for each yearly period to applicants filing said applications and receiving approval as provided in section 4-4, subsections (a), (b) and (d). No renewal permits shall be issued by the sheriff, except upon approval by the council in compliance with section 4-4, subsections (a), (b) and (d).
(Ord. No. 103, § 6, 6-12-69)
Sec. 4-11. – Renewal of permit.
Persons holding permits under this chapter shall file application for the renewal thereof and pay the permit fees on or before November first of each year. If a dealer fails to file the application and pay the permit fee by that date, there shall be added to the fee in addition to other penalties provided in this chapter, a delinquency penalty of five (5) percent for each additional thirty (30) days or fraction thereof during which the failure continues. If the dealer fails to make his application before December thirty-first, the council may, without notice or hearing, suspend the right to do business.
Any dealer whose application for renewal is filed before December thirty-first, may continue business until issuance of the new permit, under the previous year’s permit if it has not been suspended or revoked or the new permit withheld or denied.
Renewal permits may be withheld or denied on the same grounds and in the same manner as an original permit under section 4-4, subsections (a), (b) and (d).
(Ord. No. 103, § 18, 6-12-69)
State law reference— Similar provisions, R.S. 26:86, 26:284.
Sec. 4-12. – Personal nature of permits and change of location.
Permits issued under this chapter are not assignable or heritable and are good only from the time of issuance to December thirty-first of the year in which issued, unless sooner suspended or revoked. In the event of the dissolution of a partnership by death, the surviving partner or partners may operate under the partnership permit. Receivers and trustees in bankruptcy may operate under the permit of the person succeeded.
Where the location of a place of business is changed, the change shall be noted on the permit by the issuing authority and the permit shall be invalid unless this notation is made.
(Ord. No. 103, § 10, 6-12-69)
State law reference— Similar provisions, R.S. 26:75, 26:279.
Sec. 4-13. – Interposed persons.
No permit shall be issued to any person who is an interposed person for the owner or proprietor of a business pursuant to this chapter.
(Ord. No. 103, § 15, 6-12-69)
State law reference— Similar provisions, R.S. 26:81.
Sec. 4-14. – Violations generally; permit suspension or revocation.
(a)
All places of business in this parish for which permits as above have been issued for the sale of said intoxicating liquors or liquids and/or “beer only” shall be conducted in an orderly and lawful manner.
(b)
No person holding a retail dealer’s permit and no servant, agent, or other employee of the permittee shall do any acts upon the licensed premises prohibited by this chapter, particularly by section 4-17, or by any state law.
(c)
Such violations are punishable as provided in section 4-36 and are also sufficient cause for the suspension or revocation of a permit.
(d)
If any disturbance of the peace, public nuisance or other violation of state law or of this chapter is committed on said premises, the president of the council with the approval of the commissioner of finance or the sheriff, is hereby authorized to suspend or revoke said permit, and such violation shall be cause for the council to refuse to grant other parish permits to the same applicant or for the conduct of such business on the same premises. In case of such suspension or revocation, permittee may appeal to the council for a hearing, to remove or recall the suspension or revocation, pending which hearing no liquor or beer shall be sold by permittee under the penalties provided by this chapter. No appeal shall lie to the courts, nor shall the courts have or take jurisdiction of any appeal from such suspension or revocation, unless permittee has exhausted his administrative remedy of appeal to the council in the event of an adverse decision.
(Ord. No. 103, § 9, 6-12-69)
Sec. 4-15. – Location of business limited.
(a)
No permit shall be granted under this chapter in contravention of any parish ordinance adopted pursuant to the zoning laws or the state or provisions of the parish charter.
(b)
The council may enact ordinances to prohibit the conduct of alcoholic beverage businesses within a certain distance of a parish or private playground or a building used exclusively as a regular church, public library, school, or child day care/nursery. No permit shall be issued in contravention of any such ordinance. The prohibition may not extend more than five hundred (500) feet from the church, library, school, playground or child day care/nursery. The measurement of this distance shall be made as a person walks from the nearest point of the property line of the church, library, playground, school or child day care/nursery to the nearest point of the premises to be licensed.
(Ord. No. 103, § 14, 6-12-69; Ord. No. 94-57, § 1, 2-24-94)
State law reference— Similar provisions, R.S. 26:80, R.S. 26:280.
Sec. 4-16. – Misstatement or suppression of fact in application.
Any misstatement or suppression of fact in an application or accompanying affidavit made pursuant to this chapter is a ground for denial of permit.
(Ord. No. 103, § 16, 6-12-69)
State law reference— Similar provisions, R.S. 26:82, 26:281.
Sec. 4-17. – Acts prohibited on licensed premises; suspension or revocation of permits.
No person holding a retail dealer’s permit and no agent, associate, employee, representative, or servant of any such person shall do or permit any of the following acts to be done on or about the licensed premises:
(1)
Sell or serve alcoholic beverages to any person under the age of twenty-one (21) years unless otherwise exempted by LA Revised Statute 14:93.10 et seq., or to any person not included in the permit authorization.
(2)
Sell or serve alcoholic beverages to any intoxicated person.
(3)
Invite or permit any person under the age of eighteen (18) years to visit or loiter in or about any place where alcoholic beverages or beer are the principal commodities sold or handled unless otherwise exempted by Louisiana Revised Statute 14:93.10 et seq.
(4)
Permit any prostitute to frequent the licensed premises, or to solicit or encourage or permit solicitation for prostitution.
(5)
Permit any disturbance of the peace or obscenity, or any lewd, immoral or improper entertainment, conduct, or practices.
(6)
Sell, offer for sale, possess, or permit the consumption on or about the licensed premises of any kind or type of alcoholic beverages, the sale or possession of which is not authorized under this permit.
(7)
Employ or permit females, commonly known as “B Girls”, to solicit patrons for drinks and to accept drinks from patrons, or to receive therefor any commission or any remuneration in any other way.
(8)
Employ anyone under eighteen (18) years of age when the sale or handling of alcoholic beverages constitutes the main business. However, females over that age may be employees as well as males. If the sale or handling of alcoholic beverages does not constitute the main business, an employee under eighteen (18) years of age shall not be permitted to handle, serve, or work with alcoholic beverages.
(9)
Conduct or permit illegal gambling or the operation of any gambling device prohibited by law.
(10)
Fail to keep the licensed premises well lighted, and all outside windows and doors open to view from the sidewalk or outside.
(11)
Sell or serve any alcoholic beverages to any person through any door, window or opening in a building or premises which is used, occupied and licensed for the sale, possession or consumption of alcoholic beverages.
(12)
Sell or serve alcoholic beverages to any person, who at the time of the sale or service, is located outside the building or premises which is used, occupied and licensed for the sale, possession or consumption of alcoholic beverages.
(13)
Fail to keep the premises clean and sanitary.
(14)
Permit the playing of pool or billiards by any person under eighteen (18) years of age, or permit such a person to visit or frequent the licensed premises, operating a pool or billiard hall.
Violation of any provision of this section is punishable as provided in section 4-36 and is also sufficient cause for the suspension or revocation of a permit. Violation of any provision of this section by a retail dealer’s agent associate, employee, representative or servant shall be considered the retail dealer’s act for purposes of suspension or revocation of the permit.
Neither this chapter nor any application issued hereunder shall be construed to limit or otherwise regulate patrons or customers who may frequent places of business licensed hereunder, except as provided by the other provisions of this section; it being the intent to give complete freedom of choice to those operating establishments to select their own customers. No application or permit issued hereunder shall make reference to race or color of the applicant or of his customers or patrons.
(Ord. No. 103, § 19, 6-12-69; Ord. No. 98-56, §§ 1, 2, 3-12-98)
State law reference— Similar provisions, R.S. 26:88, 26:285.
Sec. 4-18. – Additional causes for suspension or revocation of permits.
In addition to any other causes enumerated in this chapter the council may suspend or revoke any permit for any one of the following causes:
(1)
If the applicant or any of the persons who must possess the same qualifications failed to possess the qualifications required in section 4-7 at the time of application.
(2)
If there was any misstatement or suppression of fact in the application for permit.
(3)
If the permit was issued to an interposed person in contravention of section 4-13
(4)
If the permit was granted to any person who is or has been engaged in alcoholic beverage business with a person whose application for permit has been denied or whose permit has been revoked.
(5)
If the holder of any permit has been convicted by any court of competent jurisdiction of any offense in connection with the sale of alcoholic liquor or beer.
(Ord. No. 103, § 20, 6-12-69)
State law reference— Similar provisions, R.S. 26:89, 26:286.
Sec. 4-19. – Proper petitioners in action to suspend or revoke permit.
The sheriff, law enforcing authorities, and citizens have a right to have a permittee cited by the council to show cause why his permit or permits should not be suspended or revoked pursuant to this chapter.
(Ord. No. 103, § 21, 6-12-69)
State law reference— Similar provisions, R.S. 26:90, 26:287.
Sec. 4-20. – Procedure for suspending or revoking permit.
The procedure for the suspension or revocation of permits shall be substantially as follows:
(a)
The council shall have periodic examinations made of the business of all persons holding permits under this chapter. If a violation of any provisions of this chapter is observed, the council president or secretary may give the permittee a written warning. However, if the permittee has been previously warned or if the violation is of sufficiently serious nature, the council president may instruct any agent or employee of the council to prepare and file, upon information and belief based upon the facts in hand, a petition for suspension or revocation of the permit, setting forth the facts and circumstances of the violation, and shall thereupon summon the permittee to appear and show cause why the permit should not be suspended or revoked.
(b)
Sheriffs, and other law enforcing officers shall have periodic investigations made of the business of all permittees within their respective jurisdiction. If any violation of any provisions of this chapter is observed, such authorities may give the permittee a written warning. However, if the permittee has been previously warned or if the violation is of a sufficiently serious nature, they shall file an affidavit with the council, setting forth the facts and circumstances of the violation. Thereupon, the council, shall summon the permittee to appear and show cause why the permit should not be suspended or revoked.
(c)
Any person may file with the council a sworn petition requesting that a permit be suspended or revoked. When such a petition is received by the council it shall summon the permittee to appear and show cause why the permit should not be suspended or revoked.
No such petition shall be considered by the council unless sworn to by the petitioner in an affidavit, which also affirms that the petitioner, together with witnesses, if any, will appear at the hearing to establish the allegations of the petition, and unless the petition sets forth facts constituting a cause or causes enumerated in or authorized by this chapter for the suspension or revocation of a permit.
(Ord. No. 103, § 22, 6-12-69)
State law reference— Similar provisions, R.S. 26:91, 26:288.
Sec. 4-21. – Cause necessary for withholding, suspending or revoking of permit.
No permit shall be withheld, suspended or revoked, except for causes specified in this chapter or as is provided by applicable state law. However, if a person holds more than one permit and any one of them is suspended or revoked, the council may suspend or revoke all of his permits.
(Ord. No. 103, § 23, 6-12-69)
State law reference— Similar provisions, R.S. 26:92, 26:289.
Sec. 4-22. – Convictions by court not essential to withholding, suspending or revoking permit.
Conviction by a court of a violation of state law or of the provisions of this chapter is not a condition precedent to the refusal, suspension, or revocation of a permit under this chapter for a violation of any of the provisions of this chapter. The council shall withhold, suspend, or revoke permits for violations of this chapter, regardless of any prosecution in the court or of the result of any such prosecution.
(Ord. No. 103, § 24, 6-12-69)
State law reference— Similar provisions, R.S. 26:93.
Sec. 4-23. – Revocation or suspension not exclusive penalty.
The revocation or suspension of a permit is in addition to and not in lieu of or limitation of any other penalty imposed by state law or by this chapter.
(Ord. No. 103, § 25, 6-12-69)
State law reference— Similar provisions, R.S. 26:94, 26:290.
Sec. 4-24. – Status of premises after revocation of permit.
When a permit is revoked for any legal cause, the council may at the same time, order that no state or local permit shall be issued covering the same premises until one year after the date of revocation.
(Ord. No. 103, § 26, 6-12-69)
State law reference— Similar provisions, R.S. 26:95, 26:291.
Sec. 4-25. – Notice of hearing.
Whenever council is to hold a hearing pursuant to provisions of this chapter, it shall issue a written summons or notice thereof to the applicant or permittee, as the case may be directing him to show cause why his application should not be refused or why his permit should not be suspended or revoked. The notice of summons shall state the time, place and hour of the hearing, which shall not be less than ten (10) nor more than fifteen (15) calendar days from the date of the notice. The notice or summons shall enumerate the cause or causes alleged for refusing the application or for suspending or revoking the permit. When a petition has been filed opposing the issuance of the permit or asking for its suspension or revocation, a copy of the petition shall accompany the notice or summons. All notices or summons shall be sent by registered mail to the applicant or permittee and directed to him at the address of his place of business as given on his application for the permit. When so addressed and mailed, notices or summons shall be conclusively presumed to have been received by the applicant or permittee.
(Ord. No. 103, § 27, 6-12-69)
State law reference— Similar provisions, R.S. 26:96, 26:293.
Sec. 4-26. – Place of hearing.
Hearings by the council shall, in the discretion of the council, be held either at the courthouse or elsewhere in this parish.
(Ord. No. 103, § 28, 6-12-69)
State law reference— Similar provisions, R.S. 26:97, 26:294.
Sec. 4-27. – By whom hearing conducted; record; briefs.
Hearings may be held by the whole council, or by three (3) members thereof. The council, through its president or secretary, may administer oaths and issue subpoenas for the attendance of witnesses and the production of books, papers, accounts and documents, and the council may examine witnesses and receive testimony at the hearing.
(Ord. No. 103, § 29, 6-12-69)
State law reference— Similar provisions, R.S. 26:98, 26:295.
Sec. 4-28. – Contempt at hearings; penalty.
If any person fails to comply with a subpoena issued by the council, or if a witness refuses to testify in any manner regarding which he may be lawfully interrogated, the council, after hearing, shall adjudge him guilty of contempt and may fine him not more than one hundred dollars ($100.00) or imprison him for not more than thirty (30) days, or both. The sheriff of the parish in which the hearing is held shall execute the judgment of contempt.
(Ord. No. 103, § 30, 6-12-69)
State law reference— Similar provisions, R.S. 26:96, 26:296.
Sec. 4-29. – Procedure, when permittee or applicant fails to appear at hearing; continuances.
If a permittee or applicant who has been notified of a hearing does not appear, the hearing may proceed without him and the council may consider and dispose of the case, but in all cases the council upon application or ex propria motu, may grant continuances from time to time. If the continuance be granted to a fixed future date by written consent or in the presence of the permittee applicant or his counsel, no further notice of the hearing date need be given. In all other cases, the same notice of hearing as in original hearings shall be given.
(Ord. No. 103, § 31, 6-12-69)
State law reference— Similar provisions, R.S. 26:109, 26:297.
Sec. 4-30. – Basis for determination to suspend or to revoke permit; revocation of other permits; modification of cases.
In determining cases involving the suspension or revocation of permits, if the council finds that the violation is of a minor nature, or that there are extenuating circumstances, or that there are reasonable grounds to expect that permittee will not again violate any of the provisions of this chapter, the council may suspend the permit for such time as it thinks proper. If the permittee has previously been fined or had a permit suspended or revoked, or if the violation is flagrant or serious, the council may revoke the permit or permits and shall immediately notify the state and local authorities of its action. When the council either suspends or revokes a permit, all permits to deal in beverages as herein defined and all similar local permits are ipso facto suspended or revoked without action on the part of the state or local governing authorities. The council shall retain jurisdiction to reopen cases at any time upon petition or ex propria motu, and for good cause shown may modify, revise or reverse its former findings and decisions and all such reopened cases shall be heard and determined under the same rules of procedure as original cases.
(Ord. No. 103, § 32, 6-12-69)
State law reference— Similar provisions, R.S. 26:101, 26:298.
Sec. 4-31. – Cost of hearings.
In hearings of the council which finally result in withholding the issuance of a permit or in suspending or revoking a permit, the council shall assess the costs of the hearing to the applicant or permittee. The costs are recoverable by the council in any appellate proceeding instituted by the applicant or permittee or in any other judicial proceeding.
(Ord. No. 103, § 33, 6-12-69)
State law reference— Similar provisions, R.S. 26:102, 26:299.
Sec. 4-32. – Decisions to withhold, suspend, or revoke permits final unless appealed and reversed.
Decisions of the council and of the beer and liquor advisory committee in withholding, suspending, or revoking permits and of local authorities in withholding permits are final and binding on all parties unless appealed in the manner provided in section 4-33 and finally reversed by the courts.
(Ord. No. 103, § 34, 6-12-69)
State law reference— Similar provisions, R.S. 26:103, 26:301.
Sec. 4-33. – Appeals to courts.
(a)
Any party aggrieved by a decision of the council to withhold, suspend, or revoke a permit may, within ten (10) days of the modification of the decision take a devolutive appeal to the district court having jurisdiction of the applicant’s or permittee’s place of business, proposed or actual as the case may be. Such appeals shall be filed in the district court in the same manner as original suits are instituted therein. The appeals shall be tried de novo. Either party may amend and supplement his pleadings and additional witnesses may be called and heard.
(b)
Within ten (10) calendar days of the signing of the judgment by the district court in any such appeal case, the council or the applicant for a permit or permittee, as the case may be, may devolutively appeal the judgment to the appellate court of proper jurisdiction. These appeals shall be perfected in the manner provided for in civil cases and shall be devolutive only. If the district court determines that the decision of the council in withholding, suspending or revoking the permit was in error, the decision of the council shall not be voided if the council takes a suspensive appeal to the Court of Appeals in the time provided for suspensive appeals.
(Ord. No. 103, § 35, 6-12-69)
State law reference— Similar provisions, R.S. 26:104, 26:302.
Sec. 4-34. – Summary proceedings on appeal.
All proceedings in the district and appellate courts arising under this chapter are civil in nature and shall be heard summarily by the court, without a jury, shall take precedence over other civil cases, and shall be tried in chambers or in open court, and in or out of term time.
(Ord. No. 103, § 36, 6-12-69)
State law reference— Similar provisions, R.S. 26:105, 26:303.
Sec. 4-35. – Interference by courts prohibited.
When the council has withheld the issuance of a permit, when the council has summoned a permittee to show why his permit should not be suspended or revoked, or when the Beer and Liquor Permit Advisory Committee has suspended or revoked a “Beer Only” or liquor permit, and permittee has failed to exhaust his administrative remedy of appeal to the council, the courts of this state have no jurisdiction to interfere in any manner or to issue restraining orders and writs of injunction restraining the council or local authorities from proceeding under the provisions of this chapter. The jurisdiction of the courts is restricted to appeals as provided in sections 4-14 and 4-33.
(Ord. No. 103, § 37, 6-12-69)
State law reference— Similar provisions, R.S. 26:106, 26:304.
Sec. 4-36. – Penalties for violation.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction by a court of competent jurisdiction shall be fined not exceeding two hundred-fifty dollars ($250.00), or imprisoned not exceeding thirty (30) days, or both such fine and imprisonment, at the discretion of the court. For any subsequent violation or violations, the penalties fixed by this section shall be doubled for each day’s violation.
(Ord. No. 103, § 38, 6-12-69; Ord. No. 93-190, § 1, 7-22-93)
FOOTNOTE(S):
(14) Charter reference— Power of council to regulate alcoholic beverage license and licensees, § 4.01.A(13). (Back)
(14) Cross reference— Health card for persons employed in taverns, etc., § 13-2. (Back)
(14) State Law reference— Alcoholic beverages, R.S. Tit. 26. (Back)
