Baton Rouge, East Baton Rouge Parish |
Code of Ordinances |
Title 9. LICENSING AND REGULATION OF TRADES AND OCCUPATIONS |
Chapter 17. TEEN CLUBS |
§ 9:976. Suspension or revocation of a teen club license, administrative penalties.
(a)
In addition to the penalties provided in section 9:975, the alcoholic beverage control office may suspend or revoke a teen club license for any of the following reasons:
(1)
The licensee or any employee of the teen club, violates any provision of this chapter, provided, however, that in the case of a first offense for any teen club, except for violations described in subparagraphs (2) and (3) below, where the conduct was solely that of an employee of the teen club, the administrative penalty shall not exceed a suspension of thirty (30) days if the alcoholic beverage control office finds that the licensee had no actual or constructive notice of such violation and could not, by the exercise of due diligence, have had such actual or constructive knowledge;
(2)
Any intoxicating beverage, narcotic or controlled substance is sold or consumed on the teen club premises, in which case, upon a finding of violation, the alcoholic beverage control office shall suspend the license for not less than sixty (60) days; or
(3)
More than five violations of the curfew ordinance have occurred on the teen club premises in a twelve-month period.
(b)
Before suspending or revoking a teen club license, the alcoholic beverage control office shall give written notice to the licensee notifying the licensee of the suspension or revocation of the teen club license. A licensee may object to the disciplinary action by sending a written notice of appeal to the alcoholic beverage control office within five days of the date of the notice. If a notice of appeal is timely filed, the alcoholic beverage control office shall schedule a hearing before the city parish appeal board. The hearing shall be scheduled as soon as possible but in no event more than fourteen (14) days after the alcoholic beverage control office received the notice of appeal. The city parish appeal board shall make an independent determination of whether the disciplinary action taken by the alcoholic' beverage control office was proper under the terms of this section. The city parish appeal board's decision is appealable to the Metro Council, which may choose to decline to hear the appeal on a simple majority vote.
(Ord. No. 15034, § 1, 11-23-10)