§ 10-187. Restrictions on use of force by persons employed by bars, lounges, and nightclubs located within the Vieux Carré.

(a)

Persons employed by bars, lounges, and nightclubs located within the Vieux Carré may not use any more physical force than necessary to protect themselves or others, including the patrons of the establishment, in accordance with the following specifications:

(1)

The use of force or violence by an employee of a bar, lounge, or nightclub upon the person of another is justifiable only when committed for the purpose of preventing a forcible offense against a person or a forcible offense or trespass against property in a person's lawful possession; provided that the force or violence used must be reasonable and necessary to prevent such offense.

(2)

The use of a sleeper choke hold, which is defined as compression of the neck by the fist or other object used to occlude the upper airway resulting in collapse of the airway and the carotid arteries causing a decrease in oxygen to the brain, by any employee of a bar, lounge, or nightclub while in the actual discharge of their duties, is strictly prohibited.

(b)

Every person employed by a bar, lounge, or nightclub located within the Vieux Carré in a capacity in which the job duties, in whole or in part, involve providing security, within 45 days after commencing employment, must successfully complete every two years the training course required by the Louisiana Responsible Vendor Program, R.S. 26:931 through 26:939, which shall include security personnel training modules and an appropriate course content for early identification and risk minimization of alcohol-related disorderly conduct and any other matters which compromise internal safety during business operations. This shall be in addition to the server training requirements of the Louisiana Responsible Vendor Program.

(c)

In any instance when any physical force is necessary to overcome resistance or aggression, or to otherwise gain control of a patron or others, the employee shall complete a "use of force report," which shall be executed on a form provided by the alcoholic beverage control board. The report shall be maintained on the premises for a period of three years and shall be available for review by the New Orleans Police Department or any authorized law enforcement agency upon request. In any case where injury has occurred, the New Orleans Police Department shall be immediately notified.

(d)

It shall be unlawful for any person except owner/manager employed by a bar, lounge, or nightclub located within the Vieux Carré to have on his person a firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, while in the actual discharge of their duties.

(e)

Upon receipt of an application for employment, a criminal background check shall be performed by the bar, lounge, or nightclub located within the Vieux Carré prior to hiring any individual in a capacity in which the job duties, in whole or in part, involve providing security.

(f)

Each owner of a bar, lounge, or nightclub located within the Vieux Carré has an affirmative obligation to secure written acknowledgement from every employee that he/she has received and read a copy of this section and that he/she understands said law. The employee's signed acknowledgement must remain on the premises at all times.

(g)

Any time that an officer of the New Orleans Police Department arrives on the scene of any incident at a bar, lounge, or nightclub located within the Vieux Carré, the owner(s)/employee(s) of the establishment must immediately cease any and all use of force and permit the New Orleans Police Department to assume control of enforcement procedures.

(h)

Any city alcoholic beverage permit shall be subject to suspension, revocation, or other remedial sanctions as set forth in section 10-160 for any violation of the provisions of this section.

(i)

The provisions of this section shall only apply to bars, lounges, and nightclubs located between the river, the uptown side of Esplanade Avenue, the riverside of Rampart Street and the lower side of Iberville Street. The provisions of this section are not intended to apply to restaurants and hotels as defined by the occupational license even though they might have a licensed bar on premises.

(M.C.S., Ord. No. 22027, § 1, 8-4-05)