§ 4-55. Denial based on public health, morals, safety and peace.

If, from specific facts determined by the parish, it can be reasonably anticipated that the issuance of a permit to engage in the business of dealing in alcoholic beverages will have an adverse effect upon the public health, morals, safety or peace, the parish may deny the issuance of such permit. By "public" is meant not just the immediate area surrounding the premises to be licensed, but may also mean the parish as a whole. In determining whether it can be reasonably anticipated that the issuance of a permit to engage in the business of dealing in alcoholic beverages will have an adverse effect upon public health, morals, safety or peace, in addition to the factors set forth in R.S. tit. 26 and this chapter. The parish may consider the following as grounds to deny an application for such a permit:

(1)

Undue congestion of streets and traffic access;

(2)

Land or building usage which is, or may become, incompatible with existing character or usage of the neighborhood;

(3)

An oversupply of types of land use or zoning in proportion to population, land use and public facilities in the neighborhood;

(4)

Adverse effect upon reliance that neighboring property owners or occupants have placed upon existing zoning patterns; and

(5)

Creation of a spot zone, that is, an incompatible or unrelated classification which would prevent the normal maintenance and enjoyment of adjacent properties.

(Code 1985, § 3-33.1; Ord. No. 2194, § 1, 1-9-1985; Ord. No. 2986, 8-11-1993; Ord. No. 4755, 6-5-2008)