§ 9:1008. Notice of intent to apply for business license, issuance of business licenses, criteria for issuance.

(a)

Notice of intent and public notice requirements.

(1)

Notice of intent. New businesses, classes A, B and R: As a prerequisite to the filing of an application for permits for new business hereunder, the applicant must file a notice of intent for a fee of five hundred sixty-four dollars ($564.00) to apply for a permit. This notice of intent shall be submitted to the alcoholic beverage office, disclosing the proposed location of the establishment. An assigned agent will go to the proposed site whereupon the agent will determine if said site meets location requirements as provided in title 9, chapter 18, of the Baton Rouge Code of Ordinances. Upon approval of the site, notice shall issue as set forth in this section.

New businesses, class P: An applicant for a class P permit must file a notice of intent for a fee of ten dollars ($10.00). This notice of intent shall be submitted to the alcoholic beverage office, disclosing the proposed location of the establishment. An assigned agent will go to the proposed site whereupon the agent will determine if said site meets location requirements as provided in title 9, chapter 18, of the Baton Rouge Code of Ordinances. Upon approval of the site, notice shall issue as set forth in this section.

(2)

Notice requirements.

a.

On approval of the site, the ABC staff shall set a proposed initial hearing date for review of the report and determination of suitability of the proposed application.

b.

On approval of the site, an agent shall post a sign at the proposed location. Said sign shall be printed on orange, 18 × 24 inch paper, as utilized by the planning commission, and shall be horizontally oriented to maximize visibility to the public. Said sign shall remain visible in the designated location at all times for a period of thirty (30) consecutive days.

c.

Signs shall be posted at the service point for any class P applicant and at the main entrance from each parking lot at the facility to be licensed.

(3)

Official report. After the 30-day notification period, ABC staff shall complete and deliver to the board an official report for all new businesses that will be used primarily for the purpose of determining the risk of local over concentration of liquor outlets. Utilizing the most recent data available from the U.S. Census Bureau, East Baton Rouge Parish Sheriff's Office, Baton Rouge City Police, planning commission, and other relevant agencies, this preliminary report shall include, but not be limited to, the following information on the area within a one-mile (5,280-foot) radius of the proposed location, to include census blocks within that radius where necessary:

a.

Average household income (to include percentage of home ownership where data is available).

b.

Family structure (percentage of single-parent households, percentage of population consisting of males between the ages of fifteen (15) and twenty-four (24) years).

c.

Population-population density (overall population of the specified area).

d.

Crime statistics by type of crime and frequency for the preceding twelve-month period.

e.

Statistics regarding comparative frequency of communicable diseases, including but not limited to sexually transmitted diseases and HIV infection, for the specified area as compared with the parish and state as a whole.

f.

Number of liquor licenses in the vicinity by type of license.

g.

Total number of liquor licenses in vicinity and number of ABC violations at those licensed locations in the past twelve (12) months.

h.

Business plan of proposed licensee.

i.

For the purposes of determining over concentration of liquor outlets, no single factor listed herein is controlling. All relevant factors, as determined by the board, must be considered in determining whether to allow an application to proceed. Such factors may include, but not be limited to, the following:

1.

Risk of undue congestion of streets and traffic access;

2.

Land or building usage which is, or may become incompatible with existing character or usage of the neighborhood;

3.

An over concentration of types of land use or zoning in proportion to population, land use and public facilities in the neighborhood;

4.

Affect the reliance that neighboring property owners or occupants have placed upon existing zoning patterns;

5.

Creation of a spot zone, that is, an incompatible or unrelated classification which would prevent the normal maintenance and enjoyment of adjacent properties; and

6.

Any other concern that would affect the public health, safety or morals.

(4)

Official report for class P applicants. After the thirty-day notification period, ABC staff shall complete and deliver to the board an official report for all new class P locations, as set forth in subsection 9:1008(a)(3), except that the area to be analyzed will be measured as one (1) mile from the actual alcohol service point of the location, and not from the physical boundaries of the overall recreational facility.

(b)

Approval of statement of intent. After the thirty-day notification period, and upon receipt and review of the official report, the board may issue notification to file an application in accordance with section 9:1009. Prior to issuing such notice, the board shall, at all times, consider the impact that a new license or liquor outlet would have on the immediate area surrounding the new outlet, based on facts and information as provided in the official report, any opposition to the proposed application, any citizen commentary, and deny the application if the board finds that the new outlet would cause or contribute to overconcentration of liquor outlets in the area, or would otherwise adversely affect public health, safety or morals.

(c)

Ongoing businesses. For ongoing businesses, as defined in section 9:1001 of this chapter, after the thirty-day notification period, and upon review of facts and information available from their investigation of the premises, public records, and other reliable information, the ABC staff may issue notification to file the ongoing business application in accordance with sections 9:1003 and 9:1009.

Prior to issuing such notice, the staff shall, at all times, consider the impact that a renewed or new license or liquor outlet would have on the immediate area surrounding the new outlet, based on facts and information available from their investigation of the premises, public records, and other reliable information, and refer the application to the board for review if the staff finds that the new outlet would cause or contribute to overconcentration of liquor outlets in the area, or would otherwise adversely affect public health, safety or morals.

The ABC staff may only authorize application by an existing business in cases where no complaint or petition of opposition has been filed as to the license. Where complaint or a petition of opposition has been received by the ABC staff, any decision regarding issuance of a license or permit shall remain with the ABC board.

If the ABC staff permits the application to proceed under these guidelines, the director of ABC may issue a temporary license to an ongoing business which meets his reasonable approval based on reliable information, reports, and investigative findings. A temporary license issued under these guidelines may be revoked, suspended, or withdrawn by the director of ABC for any violation of any city, state or federal law, or on any grounds provided by the Baton Rouge Code of Ordinances, title 9, section 18, which would be grounds for discipline, warning, revocation, or suspension of a permanent license, or for any good cause shown by the director. A temporary license is deemed null and void absent proof of receipt of a state permit within thirty-five (35) days of issuance of the temporary permit.

Issuance of a temporary license under these guidelines in no way indicates that a final, permanent license will be granted. No applicant has the right of appeal from the director's discretionary issuance or refusal to issue any temporary license or permit under this section.

(d)

Right of appeal. If, after reviewing the evidence, an application is denied and the board refuses to issue notification to file application, the applicant shall have the right to take an appeal in accordance with the provisions of Code section 1:153. The decision of the board shall be final unless appealed within the time and manner set forth above.

(e)

Opposition procedure. If, during the thirty-day notification period, complaint or opposition is made, the ABC office shall refuse to issue the notification to file application and shall order the complainant(s) and the applicant to appear before the next scheduled meeting of the alcoholic beverage control board, in order for the complainant(s) to show cause why the notification should not be issued. The burden of proof shall be on the complainant(s) to prove by a preponderance of evidence justifiable grounds for denying the issuance of a notification to file application. "Justifiable grounds" include any grounds set forth in the R.S. title 26, or city-parish beer and/or liquor ordinances, title 9, or any other grounds which might adversely affect the public health, safety, or morals, including the information provided in the official report.

If the board dismisses the complaint(s), it shall issue the notification to file an application, and the applicant may proceed in accordance with the provisions of section 9:1009. Notwithstanding the decision of the board, however, the complainant(s) shall have the right to file with the ABC office a sworn formal petition of opposition to issuance of a permit at any time prior to same being issued, pursuant to R.S. title 26. Upon receipt of any such petition, the ABC office shall immediately send the permit application and a copy of the petition to the appropriate state office for review in accordance with R.S. title 26. No further action will be taken on the permit application when such a petition is filed until ruled upon by the state office. In the event the board sustains the complaint(s), it shall refuse to issue the notification to file application, the applicant shall have the right to take an appeal in accordance with the provisions of Code section 1:153. The decision of the board shall be final unless appealed within the time and manner set forth above.

(Ord. No. 15405, § 1, 10-24-12; Ord. No. 15419, § 1, 11-28-12; Ord. No. 15425, § 1, 12-12-12; Ord. No. 15458, § 5, 2-27-2013; Ord. No. 15469, § 3, 3-27-13)