§ 1:152. Penalty power.

In addition to any causes enumerated in title 9, chapter 1, part I, the alcoholic beverage control board and/or ABC office shall have the authority to deny, revoke or suspend any permit or license or levy any fine for any one of the following causes or when any of the following conditions is found to occur:

(1)

Lack of qualifications. If any applicant or any of the persons who must possess the same qualifications fail to possess or maintain the qualifications required in R.S. 26:79 or in title 9, chapter 1, part I, of this Code.

(2)

Misrepresentation. If there was a misstatement or suppression of fact in the information required to be given by the applicant, under this part, in applying for his license or permit.

(3)

Interposed persons. If the permit was issued to any person who is an interposed person for the owner or proprietor of a business.

(4)

Business associations. If the permit was granted to any person who is or has been engaged in an alcoholic beverage business with a person whose application for a permit or license has been revoked or suspended by the ABC board or the state ATC commission.

(5)

Acts prohibited on premises. If the board finds as a fact that any of the following acts occurred on the premises when such act was committed by the applicant, permit holder, licensee or any of his agents, employees or servants:

a.

Violation of any provisions of this part or any ordinance of the city-parish which regulates the sale or distribution or processing of any alcoholic beverage or which regulates premises licensed by the city-parish to sell, distribute or process any alcoholic beverage;

b.

Permit or allow any act which violates any provisions of title 26 of the Louisiana Revised Statutes;

c.

Failure to acquire and maintain a valid health permit for any premises licensed under this part;

d.

Permit or allow any act which fails to comply with requirements or orders by local and state authorities to remedy or eliminate fire, plumbing or electrical code violations;

e.

Failure to timely pay sales taxes, property or occupational licenses to the city-parish;

f.

Permit or allow any act which violates any local ordinance or state statute pertaining to gambling on premises, letting premises for gambling, possession of gambling paraphernalia, or conspiracy to violate any of these, distribution of or possession of with intent to distribute any controlled substance controlled by title 14 or title 40 of Louisiana Revised Statutes;

g.

Permit or allow any act which violates any local ordinance or state statute which pertains to prostitution, indecent exposure, obscenity, contributing to the delinquency of juveniles, pandering, soliciting for prostitution, letting premises for prostitution, or conspiracy to violate any of these.

(6)

Consumption on premises. If, without a proper license, a retailer allows any person to consume any alcoholic beverage on the licensed premises or on any parking lot.

(7)

Violations by certain persons. If any dealer or any person listed in subsection B of R.S. 26:79 violates or has violated any provision of that statute.

(8)

Revocation or suspension of low alcoholic content permit. Revocation or suspension of any permit for beverages of low alcoholic content automatically suspends or revokes, as the case may be, any permit held by the same individual for beverages of high alcoholic content.

(9)

Violation by licensee, agent, servant, etc. Violation of, or failure to comply with any of the provisions of this part by any person licensed under this part, or by such person's manager, agent, servant or employee.

(10)

Operation adverse to public health, safety or morals. If, based upon specific facts in the record which can reasonably be anticipated to have an adverse effect on the public health, safety or morals, the ABC board and/or ABC office finds the opening or continued operation of the establishment or activity will have an adverse effect on the public health, safety or morals. By "public" is meant not just the immediate area surrounding the licensed premises to be licensed, but may also mean the city-parish as a whole.

All of the above grounds for denial, revocation, suspension or fine are hereby deemed to be severable and independent of any other grounds; and the illegality, invalidity or ineffectiveness of one shall not in any way affect the others.

Additionally, all findings of violations by the board shall be valid and independent and in no way related to any criminal prosecution. There is no requirement that any conduct which could be criminally prosecuted under this part be so prosecuted before any action can be taken by the board.

(11)

Notification of the police. Failure of the licensee, permit holder, or the designated manager in the absence of the licensee or permit holder to immediately notify the police of any disturbance, fistic encounter or similar incident occurring on the licensed property or violation of any criminal statute or ordinance occurring on the licensed property of which the owner, manager or person in charge had knowledge of or which he should have known.

(12)

Distribution to intoxicated persons or persons under the influence of drugs. Sell, serve or dispense in any manner any alcoholic beverages covered by this part to any person whose actions, mannerisms and general conduct would reasonably indicate that the person is intoxicated or under the influence of drugs.

(City Code 1951, Title 1, § 169; Parish Code 1962, Title 1, § 102; Ord. No. 14473, § 1, 8-27-08)