§ 4-59. Cause for denial, suspension, revocation or imposition of other penalties; procedure.

(a)

Any misrepresentation, misstatement or suppression of fact in any application or accompanying affidavit and/or any violation of any provision of this chapter and any violation of the state statutes relating to gambling, prostitution, pandering and narcotics shall be sufficient grounds for denial, refusal, suspension or revocation of the certificate, or any other penalty deemed to be ameliorative of the violation for which the person is charged and/or preventative of further violations.

(b)

Any person who alters, defaces or transfers to another his certificate of qualification shall have it suspended or revoked by the parish council.

(c)

Procedure . Any person possessing a certificate of qualification to dispense alcoholic beverages who is subject to the suspension or revocation of the certificate to dispense or subject to the imposition of other penalties for violations of this chapter shall be entitled to a hearing before the alcoholic beverage permit review committee following the procedures for such hearings as specified in section 4-34 of this chapter. A notice or summons shall be served upon the holder of certificate of qualification to dispense alcoholic beverages 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. Notice may be mailed by registered, certified, or delivery-confirmed mail to the certificate-holder to the address of his place of domicile as given in his application for the certificate. When so addressed and mailed, notices or summonses shall be conclusively presumed to have been received by the certificate-holder. In addition to the above method of service, the notice or summons may be served on the certificate-holder by personal or domiciliary service by a deputy sheriff or an employee of the department of inspection and code enforcement. Any person to be served with a notice or summons through any of the aforementioned methods of service may also be sent a copy of said notice or summons via electronic mail (e-mail) to the address provided in the application for the certificate to dispense; said electronic notice is not mandatory and shall not be in lieu of the aforementioned methods of service.

(d)

Sale of alcohol to persons under the age of twenty one (21) years . The committee shall follow the following guidelines in its recommendation to the council of penalties to be imposed upon the holder of a certificate to dispense for any sale to a person under the age of twenty-one (21) years:

(1)

For a first offense, defined herein as having no previous violations within the previous consecutive eighteen (18) month period:

a.

For a sale of an alcoholic beverage to a person who was at least eighteen (18) years old but under twenty-one (21) years old at the time of the sale, suspension of the certificate to serve for not less than fifteen (15) days and not more than thirty (30) days and/or a fine of not less than two hundred fifty dollars ($250.00) and/or any other penalty as permitted by section 4-59(d)(4); and

b.

For a sale of an alcoholic beverage to a person who was less than eighteen (18) years old at the time of the sale, suspension of the certificate to serve for not less than thirty (30) days and not more than sixty (60) days and/or a fine of not less than five hundred dollars ($500.00) and/or any other penalty as permitted by section 4-59(d)(4);

(2)

For a second offense that occurs within eighteen (18) months of the first offense:

a.

For a sale of an alcoholic beverage to a person who was at least eighteen (18) years old but under twenty-one (21) years old at the time of the sale, suspension of the certificate to serve for not less than fifteen (15) days and not more than ninety (90) days and/or a fine of not less than two hundred fifty dollars ($250.00) and/or any other penalty as permitted by section 4-59(d)(4); and

b.

For a sale of an alcoholic beverage to a person who was less than eighteen (18) years old at the time of the sale, suspension of the certificate to serve for not less than thirty (30) days and not more than one hundred eighty (180) days and/or a fine of not less than five hundred dollars ($500.00) and/or any other penalty as permitted by section 4-59(d)(4);

(3)

For a third offense that occurs within eighteen (18) months of the first offense:

a.

Revocation of the certificate to serve. Any person whose certificate to dispense alcoholic beverages has been revoked under the provisions of this subsection shall not be eligible to receive another certificate to dispense alcoholic beverages within five (5) years from the date of the revocation;

(4)

Any other penalty deemed to be ameliorative of the violation for which the person is charged and/or preventative of further violations. Such penalties may include, but shall not be limited to, the revocation of a certificate, the denial of any application for the certificate, or requiring certificate-holders to attend approved training classes as a condition for deferral of all or a specified part of a suspension.

(e)

Payment of penalties . Monetary penalties imposed pursuant to article III of this chapter shall be dedicated to the Parish Responsible Alcohol Management Fund and shall be paid by the certificate-holder within thirty (30) days from the date of the council's action imposing such penalties.

(f)

Failure to pay penalties . Any fine and/or condition imposed for the deferment of a suspension shall be fully paid and/or completed by the respective certificate-holder within thirty (30) days from the respective date of the council's action imposing said fine/condition or within any alternative period of time as delineated by the council.

(1)

Failure to complete any condition for deferment of suspension on time and in full shall result in the immediate suspension of the respective certificate for the entire duration of the otherwise deferred suspension; and failure to pay any fine of up to two hundred fifty dollars ($250.00) on time and in full shall result in the immediate suspension of the respective certificate for fifteen (15) days; and failure to pay any fine greater than two hundred fifty dollars ($250.00) on time and in full shall result in the immediate suspension of the respective certificate for thirty (30) days.

(2)

A certificate-holder who, due to the incompletion and/or untimely completion of the respective conditions for deferment, serves the entirety of any such suspension shall not thereafter be required to complete the corresponding conditions of the deferment; and a certificate-holder who, due to the incomplete payment and/or untimely payment of a fine, serves the entirety of the prescribed alternative suspension, as delineated in section 4-59(f)(1), shall not thereafter be required to pay the corresponding fine. Under no conditions shall a certificate-holder be permitted to serve a suspension in lieu of payment of a fine concurrently with any other otherwise imposed suspension.

(Code 1961, § 3-21.2(o), (p); Ord. No. 25164 , § 12, 6-8-16)

Editor's note

Ord. No. 25164 , § 12, adopted June 8, 2016, amended § 4-59, and in so doing changed the title of said section from "Denial, suspension or revocation" to "Cause for denial, suspension, revocation or imposition of other penalties; procedure," as set out herein.