§ 17.5-9. Procedure for and effect of suspension, revocation.

(a)

Committee. There is hereby created a committee to be known as the lodging accommodation review committee that shall function substantially similar to the alcoholic beverage permit review committee as set forth in article II, chapter 4 of this Code. The committee shall be composed of the district council person in whose district the bed and breakfast, hotel, motel, or short-term rental is located, or his designee, the director of the community justice agency or his designee, one (1) of the directors of the office of research and budget, or their designee, a person appointed by the Greater New Orleans Hotel and Lodging Association, who is a full-time employee, owner, or operator of a bed and breakfast, hotel, motel, or short-term rental in Jefferson Parish; and a person appointed by the Jefferson Convention and Visitor's Bureau who is a full-time employee, owner, or operator of a bed and breakfast, hotel, motel, or short-term rental in Jefferson Parish. The appointments to the committee by the Greater New Orleans Hotel and Lodging Association and by the Jefferson Convention and Visitor's Bureau shall be confirmed by council resolution. Failure to nominate a representative by either the Greater New Orleans Hotel and Lodging Association or the Jefferson Convention and Visitor's Bureau shall not deem the committee unformed, and shall not bar the committee from meeting if a quorum exists.

(b)

Initiating procedure; hearing required . A hearing may be held before the lodging accommodation review committee at the request of the parish president, the Jefferson Parish Sheriff, or upon motion of any member of the Parish Council upon written complaint, petition or notice of violation. Such hearing, which shall be noticed by the committee, parish attorney, any member of the parish council or the sheriff; a hearing shall be held in accordance with the provisions of this chapter to determine whether the lodging accommodation license of the person charged shall be suspended or revoked. The complaint, petition, notice or motion shall set forth and enumerate the causes for suspension or revocation of the license.

(c)

Notice . A notice or summons shall be served upon the holder of the lodging accommodation license stating the time and place of the hearing, which shall not be less than forty-eight (48) hours from the date and time such notice is given. This notice may be mailed by registered, certified or delivery-confirmed mail to the holder of the license at the address of his place of business, when so addressed and mailed, notices or summonses shall be conclusively presumed to have been received by the license holder; in addition to the above method of service, the notice or summons may be served on the license holder by personal or domiciliary service by a deputy sheriff.

(d)

Hearings . Hearings required by this chapter may be conducted by the lodging accommodation review committee or by the parish council. The parish council or the lodging accommodation review committee is designated to hold a hearing, and may administer oaths, issue subpoenas for the attendance of witnesses and the production of books, papers, accounts and documents, and may examine witnesses and receive testimony at the hearing. The parish council or the lodging accommodation review committee designated to hold a hearing may administer oaths, issue subpoenas for the attendance of witnesses and the production of books, papers, accounts and documents, and may examine witnesses and receive testimony at the hearing. Subpoenas issued under the authority of this section may be served by sending same by certified mail, United States Postal Service postage-paid, to a valid address of the intended recipient. Parties other than the parish council or committee requesting any subpoena under this section shall prepare and serve same using forms approved by the committee. No hearing shall be suspended or invalidated due solely to the nonappearance of any witness subpoenaed to testify or produce documents at the hearing.

(e)

Conduct of hearing. Whenever a hearing is conducted pursuant to this chapter, opportunity shall be afforded all parties to respond and present evidence on all issues of fact involved and argument on all issues of law and policy involved and to conduct such direct examination and cross-examination of witnesses. The testimony received shall be recorded, and may be reduced to writing upon request by any party; all documentary evidence, if any, and all written arguments or briefs submitted shall be made part of the record; all hearings shall be prosecuted by the office of the parish attorney; if proper notice has been served upon the defendant, the hearing may proceed without his presence if he fails to appear. When a hearing is referred to the lodging accommodation review committee, it shall hear all testimony and arguments, receive all the evidence and briefs and compile same into the record, which record shall then be certified by the chairman of said lodging accommodation committee. The committee shall submit the certified record to the parish council with the committee's recommendation as to whether the permit of the person charged shall be suspended or revoked.

(f)

Council action . If the hearing is conducted by the committee, the council shall not be required to conduct another hearing during its deliberation, unless a majority of the parish council votes to do so; however, nothing herein shall prohibit the lodging accommodation license holder from submitting written objections regarding any alleged errors in the record prior to the parish council considering the permit revocation or suspension. No lodging accommodation license shall be suspended or revoked, however, except by a majority vote of the parish council. No rehearing shall be granted after final action by the parish council.

(g)

Effect of revocation, suspension.

(1)

When a lodging accommodation license is revoked for any legal cause, by any lawful authority:

a.

No lodging accommodation license shall be issued covering the property for a minimum of one (1) year and one (1) day after the date of the revocation.

b.

To the maximum extent practical given existing site constraints, the bed and breakfast, hotel, motel, or short-term rental shall be required to meet all applicable provisions of the Code of Ordinances and ICE and/or PMZ shall make an inspection of the property prior to issuance or reissuance of a lodging accommodation license.

(2)

When a lodging accommodation license has been suspended by the parish council or their lawful authorities, no new lodging accommodation license shall be issued for the same property for a period of fourteen (14) days beginning from the last day of the suspension.

(Ord. No. 25513 , § 1, 2-21-18; Ord. No. 25599 , § 2, 6-27-18)