§ 4-61. Suspension and revocation.

(a)

It shall be grounds for the suspension or revocation of an alcoholic beverage permit issued under this article, whenever there is found to exist any of the following:

(1)

If the applicant, or any of the persons who must possess the same qualifications, fails to possess the qualifications required by R.S. 26:80 and 26:280 at the time of the application.

(2)

Any misstatement or suppression of fact in the application for the permit or renewal.

(3)

If the permit was issued to an interposed person in contravention of La. R.S. 26:83.

(4)

If the permit was granted to any person who is or has been engaged in an alcoholic beverage business with a person whose application for a permit has been denied or whose permit has been revoked.

(5)

If the holder of any permit or any person listed in of R.S. 26:80B has materially violated any provisions of this chapter or R.S. tit. 26.

(6)

If, without a proper license, a retailer allows any person to consume any alcoholic beverage on the licensed premises or on any parking lot or open or closed space within or contiguous to the licensed premises.

(7)

If, from specific facts of record before the parish commission, it can be reasonably anticipated that the continued exercise of the rights granted under the permit will have an adverse effect upon the public health, morals, safety, or peace. By "public" is meant not just the immediate area surrounding the licensed premises, but may also mean the parish as a whole.

(8)

If any dealer or any person listed in R.S. 26:80B violates or has violated any provision of this chapter.

(9)

If the holder of any retail dealer's permit, or his agent, employee, or representative allows the placement or operation of a video draw poker device upon his licensed premises in violation of R.S. tit. 33, ch. 15, part V-B.

(10)

If the permitee fails to pay any sales or use taxes due to the parish.

(b)

Before any alcoholic beverage permit is suspended or revoked, the holder thereof shall be entitled to a hearing. No permit shall be revoked unless a hearing has been held, and a majority of the parish commission votes for such suspension or revocation.

(c)

A notice shall be served by registered mail, or in person, by an officer or employee of the parish commission, upon the permit holder or his agent or employee. The notice shall state the time and place of the hearing to be held, which shall be not less than ten calendar days from the date such notice is given. The notice shall enumerate the cause or causes for suspending or revoking the permit.

(d)

The permittee shall have the right, personally, or through counsel or his agent, to appear and present evidence relevant and material to the issues involved the same as a judicial proceeding.

(e)

In the event of revocation or suspension, the permittee may appeal to the courts as provided by law.

(f)

Written notice of the revocation or suspension shall be forwarded to the appropriate state agency.

(g)

If a person holds more than one permit and any one of them is suspended or revoked, the commission may suspend or revoke all of his permits.

(h)

When a permit is revoked for any legal cause the commission may, at the same time, order than no alcoholic beverage permit shall be used covering the same premises until one year after the date of revocation.

(i)

Notwithstanding anything contained herein to the contrary, conviction by a court of violation 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. When there has been a previous criminal prosecution of the same or similar act upon which the refusal, suspension, or revocation of a permit is being considered, evidence of an acquittal in a court of competent jurisdiction is admissible in a proceeding before the commission. The commission 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.

(j)

In determining cases involving the suspension or revocation of permits, if the commission finds that the violation is of a minor nature, or that there are extenuating circumstances, or that there are reasonable grounds to expect that the permit holder will not again violate any of the provisions of this chapter, the commission may impose a fine or suspend the permit for such time as it thinks proper, not to exceed 365 days. If the permit holder has previously been fined or had a permit suspended or revoked, whether by state or locate authorities, or if the violation is flagrant or serious, or in the case of multiple violations in a 365 day period, the commission may revoke the permit. The commission shall thereafter immediately notify the permit holder, state authorities, and the sheriff of its action. The commission shall retain jurisdiction to reopen cases at any time upon petition or ex proprio 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.

(Code 1976, § 3-29; Code 1985, § 3-39; Ord. No. 2194, § 2, 1-9-1985; Ord. No. 2986, 8-11-1993; Ord. No. 5079, 4-21-2011)