§ 1:151. Procedure, quorum and powers of director.

(a)

The alcoholic beverage control board may adopt rules of procedure, but in any event the board shall hold regular meetings twice monthly at a definite time and place to be designated by the board. Such other meetings may be called and held as may be deemed necessary for the transaction of business in the manner provided in the rules of procedure.

A majority of the appointed members of the board shall constitute a quorum, and no business shall be transacted by the board unless a quorum is present.

No permit or license shall be issued by the board except where the applicant therefor demonstrates compliance with all statutory and other legal requirements and receives the affirmative vote of a majority of the board members present at the meeting. The board shall be governed in the issuing of permits and licenses by the provisions of title 9, chapter 1, part I.

(b)

The director of the alcoholic beverage control office shall have the authority to inspect or have inspected any premises licensed under this part by agents or representatives of the alcoholic beverage control office, the treasurer's office, the parish attorney's office, the department of public works, the city police department, the sheriff's office, the health unit or the office of the district attorney. Investigators established under this office shall have investigative powers and may seek commissions as peace officers from law enforcement agencies to enforce the provisions of this chapter.

(c)

Any person who observes a violation of this part or of state law which occurs in any premises licensed under the provisions of this part may report the violation to the director and file a complaint against the permit holder, licensee or his agent, employee or servant. The director may file complaints based upon violations observed by others if the other person supplies the director with an affidavit stating the violation, date, place of violation and identity of any violator if known.

If the director decides to accept the complaint and summons the applicant, permit holder or licensee and any of his agents, employees or servants, then the director shall require the complainant to file an affidavit stating the violation, date, place and the identity of any violator if known.

Upon acceptance of the complaint and receipt of the affidavit, the director shall issue a subpoena, as herein prescribed, to the applicant, permit holder, licensee and his agent, employee or servant who is charged with the violation. The notice may have attached a subpoena which shall require him to appear along with any documents or records requested, at a specific date, time and place. The notice of complaint shall state the alleged violation, the date and place it occurred and the identity of the person who committed the violation if known. The notice of complaint shall require the subject to appear to show cause why his application should not be denied, his permit or license suspended or revoked.

All subpoenas and notices of complaints shall be sent by the director by certified mail or hand delivered to the applicant, permit holder, licensee or his agent, employee or servant at the address of his place of business or place of employment as given in his application for the permit or license if any.

Nothing in this part shall be construed to prevent the director from having any subpoena or notice of complaint served by any legal means or by any of its representatives.

(City Code 1951, Title 1, § 168; Parish Code 1962, Title 1, § 101; Ord. No. 7204, 7-13-83; Ord. No. 7256, § 1, 8-24-83; Ord. No. 7523, 4-25-84; Ord. No. 9698, § 1, 8-25-93; Ord. No. 14473, § 1, 8-27-08)