§ 10-78. Suspension, revocation procedure.

(a)

Upon petition fully filed by either the mayor or the superintendent of police, the director of the department of finance, the director of the department of safety and permits, or the city attorney, setting forth the causes for suspension, revocation, or other remedial sanctions as set forth in section 10-160, a hearing shall be held by the alcoholic beverage control board to determine whether the permit of the person charged shall be suspended or revoked, or whether remedial sanctions shall be imposed. A notice shall be served upon the holder of the permit stating the time and place of the hearing to be held by the board, which shall be not less than ten calendar days from the date such notice is given. The notice shall be sent by the clerk of the council and shall enumerate the cause or causes for suspending or revoking the permit, or for imposing remedial sanctions. The notice shall be mailed by regular and registered or certified mail to the holder of the permit at the address of the place of business as given in the application for the permit, or it may be served on the holder of the permit in person by a police officer or employee of the department of finance or the department of safety and permits.

(b)

No permit shall be suspended or revoked, nor any remedial sanction imposed, except by majority vote of the alcoholic beverage control board. All petitions shall be prepared and prosecuted by the department of law. If proper notice has been served upon the defendant, the hearing may proceed without his presence if he fails to appear. Certified copies of convictions involving causes for suspension or revocation or for remedial sanctions being imposed in either the municipal courts or in the criminal district court of this parish shall constitute prima facie proof of a violation by the permit holder.

(c)

When an alcoholic beverage permit is revoked for any legal cause by any lawful authority, no city permit shall be issued covering such premises for a year after the date of the revocation. When a permit has been suspended by lawful authorities, no new permit shall be issued to the same premises for a period of 14 days beginning from the last date of suspension. After the effective date of the ordinance from which this section was derived, if any licensee shall have received a second suspension connected with the same premises involving prostitution, pandering or obscenity no new permits shall be issued for the same establishment for a period of six months and one day, from date of such suspension.

(d)

If a license is revoked because of discontinuance of a nonconforming land use pursuant to the comprehensive zoning ordinance, Ordinance No. 4264, as amended, the license shall not be issued except after the department of safety and permits has verified compliance with the requirements of the comprehensive zoning ordinance.

(Code 1956, § 5-58.1(f)—(h); M.C.S., Ord. No. 18,052, § 1, 2-6-97; M.C.S., Ord. No. 27737, § 1, 4-19-18)

State law reference

Authority to establish alcoholic beverage control board, R.S. 33:4785 et seq.; cause necessary to withholding, suspending, or revoking of permit, R.S. 26:291; local regulatory ordinances, R.S. 26:493.