ARTICLE VIII


PERMIT PROVISIONS APPLICABLE TO ARTICLES VI & VII



SEC.

3-185.00 Authority


    The St. Tammany Parish Department of Development, Division of Permits, is authorized to approve applications for permits and issuance of alcoholic beverage licenses.


    The St. Tammany Parish Police Jury shall be the authority to determine whether a parish permit is suspended or revoked under the provisions of this Chapter.

    Nothing herein shall be construed, nor meant to contravene or usurp any power or authority granted to Board of Tax Appeals, State of Louisiana, or State Office of Alcoholic Beverage Control, Dept. of Public Safety. (Ord. No. 81-114, adopted 02/05/81; amended by Ord. No. 94-1952, adopted 04/21/94)

SEC.

3-185.01 Determination To Issue Or Withhold Permit


    The right to determine what persons shall or shall not be licensed this Chapter shall be exercised in the following manner:

    A.          Investigation of Applications: The St. Tammany Parish Sheriff shall investigate all applications filed with the Parish for issuance of licenses, and the applications for renewals filed with that Department under the delegation given him by the Police Jury, shall notify the Department of Development, Division of Permits, that the application has been approved or disapproved for issuance by him or that an application for renewal should be rejected. The decision to withhold a Parish permit shall be made by the Division of Permits within two days (2) after notice of the recommendation to that effect has been received from the Sheriff. Within that period, the Division of Permits shall notify the applicant in writing by certified mail given to the address shown in the application, or by service through the Sheriff's department thereof, of the Sheriff's recommendation to withhold and the reasons assigned therefor. When so addressed and mailed, or served as the case may be, the notice shall be conclusively presumed to have been received by the applicant.

    B.          Opposition to Issuance or Renewal of Permit: Any person who has been a citizen of this Parish for at least six (6) consecutive months prior to the filing of the application may oppose the issuance of a permit or any renewal thereof at any time prior to its issuance, by filing a sworn petition of opposition with the Police Jury. The person must state in his affidavit of opposition that he, together with witnesses if any, will appear at a hearing to be conducted by the Police Jury to establish the allegations of the opposition and the particular cause or causes alleged as grounds for withholding or not reissuing the permit. In such event, the Parish license shall be withheld pending the determination by the Police Jury at a hearing set for that purpose. (Ord. No. 81-114, adopted 02/05/81; amended by Ord. No. 94-1952, adopted 04/21/94)

SEC.

3-185.02 Hearing - Initiation


    A.          Examination of Business by Sheriff's Department: The Sheriff's Department shall make periodic examinations of the business of all persons holding permits from the Parish. The Parish Sheriff, or any member of his department observing any violation of the provisions of Articles VI and VII of this Chapter shall prepare and file, upon information and belief based upon what has been observed, a petition for withholding, suspending or revoking of a permit, setting forth the facts and circumstances of the violations(s) and asking that the Police Jury set a date, place and time as to when the applicant or permitee should appear and show cause why the permit should not be withheld, suspended or revoked.


    B.          Citizens: A hearing may be initiated on the sworn petition of any citizen meeting the residency requirements as shown in Section 3-185.01(B) above. (Ord. No. 81-114, adopted 02/05/81)

    C.     District Attorney's Office and any other Law Enforcement Authority: The District Attorney's Office and any other law enforcement authority, or any member of their respective departments observing any violation of the provision of Articles VI and VII of this Chapter may prepare and file, upon information and belief based upon what has been observed, a petition for withholding, suspending or revoking of a permit, setting forth the facts and circumstances of the violation(s) and asking that the Police Jury set a date, place and time as to when the applicant or permitee should appear and show cause why the permits should not be withheld, suspended or revoked. (Ord. No. 1147, adopted 09/21/89)

SEC.

3-186.00 Same - Notice


    Whenever the Police Jury is to hold a hearing pursuant hereto, it shall issue a written summons or notice to the applicant for issuance or renewal, or the permitee as the case may be, directing him, her or them to show cause why the application should not be refused, or why the permit should not be suspended or revoked.

    A.          Contents: The notice or summons shall state the time, place and hour of the hearing, which shall be not less than ten (10) nor more than twenty (20) work days from the date of the notice. The notice or summons shall enumerate the cause or causes alleged for refusing the application or for suspending or revoking the permit. When a citizen['s] petition has been filed, a copy thereof shall accompany the notice or summons.

    B.          Service: Service of the notice or summons shall be by registered mail or through the Sheriff's Department to the applicant or permitee at the address shown on the application or permit and when so addressed and mailed or service made, same shall be conclusively presumed to have been received. (Ord. No. 81-114, adopted 02/05/81)

SEC.

3-186.01 Same - Location; Open To The Public


    Hearings by the Police Jury shall be at the Parish Courthouse, Covington, or such other place within the Parish as the Police Jury directs. The conduct of said hearings shall be open to the public. (Ord. No. 81-114, adopted 02/05/81, Sec. 5) The St. Tammany Parish Police Jury delegates all its authority to conduct hearings to the Alcohol Beverage Control Committee, sometimes hereinafter referred to as ABCC. (Ord. No. 81-114, adopted 02/05/81; amended by Ord. 89-1147, adopted 09/21/89)

SEC.

3-186.02 Same - Rules Of Conduct


    A.         Hearings shall be conducted by the Alcohol Beverage Control Committee of the St. Tammany Parish Police Jury, which is comprised of seven (7) members of the Police Jury to be appointed by the Police Jury President at a meeting, regular or special, at which meeting a simple majority [of the Police Jury] is present. (Amended Ord. No. 1147, adopted 09/21/89)


    B.         The party seeking the withholding, suspension or revocation bears the burden of proof and shall present the case first.

    C.         The parties to the hearing are entitled to be represented by an attorney-at-law of their choice and at their expense. The District Attorney's Office may represent the party seeking the withholding, suspension or revocation. (Amended Ord. No. 1147, adopted 09/21/89)

    D.         Generally, the civil rules of evidence and procedure of the Twenty-Second Judicial District Court shall be followed; however, the hearing is administrative in nature and is therefore informal, and it shall be so conducted as to afford all parties a fair, impartial and equitable opportunity to be heard.

    E.         Any exceptions to the jurisdiction or to the complaint must be filed in writing prior to the hearing. Same shall be argued before commencement of the hearing and may be disposed of by the Police Jury at that time or referred to the merits of the hearing.

    F.         The ABCC may issue subpoenas for documents or persons and it shall examine witnesses and receive testimony at the hearing. A Notary Public or proper party shall administer oaths to those testifying. (Amended Ord. No. 1147, adopted 09/21/89)

    G.         A request for issuance of subpoenas, for persons or documents must be filed with the Secretary of the ABCC by the party seeking production thereof at least five (5) work days before the date of the hearing. The Secretary of the ABCC shall issue such subpoena to the person or persons whose attendance is sought, with documents, through the Sheriff's Department to the address shown on the request. No transcript is required, nor is it necessary that the testimony received be reduced to writing. Any party desiring same shall make prior arrangements with the ABCC Secretary who shall select a court reporter to transcribe the proceedings at the expense of the party seeking the transcript. (Amended Ord. No. 1147, adopted 09/21/89)

    H.         The ABCC Secretary shall receive and number all exhibits and shall retain them for not more than six months (6 mos.) after the hearing is completed. (Amended Ord. No. 1147, adopted 09/21/89)

    I.         Issuance of all subpoenas shall be at the expense of the person requesting same, as shall be the witness fee, if any.
(Ord. No. 81-114, adopted 02/05/81; amended Ord. No. 1147, adopted 09/21/89)

SEC.

3-187.00 Same - Deliberations Of Police Jury; Decisions


    A.         While the hearing shall be conducted in a manner open to the public, the deliberations of the ABCC at the conclusion of the hearing are not; the ABCC may conclude to grant or deny the relief sought, and in the case a revocation only is sought, may issue an order of suspension. (Amended Ord. No. 1147, adopted 09/21/89)


    B.         The ABCC shall decide the issue by a majority vote of the majority present and its decision shall be announced in an open meeting by the presiding officer. (Amended Ord. No. 1147, adopted 09/21/89)

    C.         Alternatively, it may take any matter under advisement and issue a written decision, provided that the signatures of the majority [and dissenting ABCC members, if any] are affixed to the decision. (Ord. No. 81-114, adopted 02/05/81)

SEC.

3-187.01 Appeals


    A.         The decisions of the Alcohol Beverage Control Committee in withholding, suspending or revoking permits are final and binding on all parties unless appealed in the manner provided in LSA R.S. 26:104 and finally reversed by the courts. (Amended Ord. No. 89-1147, adopted 09/21/89)

    B.         In accordance therewith, any party aggrieved by a decision of the Alcohol Beverage Control Committee may, within ten days (10) of receipt of the ABCC's decision, take a devolutive appeal to the Twenty Second Judicial District Court. (Amended Ord. No. 89-1147, adopted 09/21/89)

    C.         Such appeals shall be filed in said District Court in the same manner as original suits are instituted therein. The appeals shall be tried de novo. Either party may amend and supplement his pleadings and additional witnesses may be called and heard.

    D.         When there has been a previous criminal prosecution for the same or a similar act upon which the refusal, suspension or revocation of a permit is being considered, evidence of an acquittal in a court of competent jurisdiction is admissible in the trial of the appeal.

    E.         The proceeding in the District Court arising hereunder shall be heard summarily by the Court, without a jury, and shall take precedence over other civil cases; however, no action can be filed therein until the matter of refusal to issue, suspension or revocation has been heard by the Alcohol Beverage Control Committee because otherwise the administrative remedy afforded shall not have been exhausted. (Amended Ord. No. 89-1147, adopted 09/21/89)

    F.         Within ten calendar days (10) after the signing of the judgment by the District Court, the Alcohol Beverage Control Committee or the applicant for a permit or permitee, as the case may be, may devolutively appeal the judgment to the appellate court of proper jurisdiction. These appeals shall be perfected in the manner provided for in civil cases and shall be devolutive only. (Amended Ord. No. 89-1147, adopted 09/21/89)

    G.         Should District Court determine the decision of the Alcohol Beverage Control Committee in withholding, suspending or revoking the permit was in error, the decision of the Alcohol Beverage Control Committee shall not be voided if the Alcohol Beverage Control Committee takes an appeal to the Court of Appeals within the time provided for suspensive appeals. (Ord. No. 81-114, adopted 02/05/81; amended Ord. No. 89-1147, adopted 09/21/89)

SEC.

3-187.02 Failure Of Permitee Or Applicant To Appear; Continuances



    If a permitee or applicant who has been notified of a hearing does not appear, the hearing may proceed and the Alcohol Beverage Control Committee may consider and dispose of the case; however, in all cases, upon application or its own initiation, the Police Jury may grant continuances from time to time. If the continuance be to a fixed future date by written consent or is granted in the presence of the applicant, permitee or his counsel, no further notice of the hearing date need be given. (Ord. No. 81-114, adopted 02/05/81; amended Ord. No. 89-1147, adopted 09/21/89)

SEC.

3-188.00 Failure To Comply With Subpoena


    If any person fails to comply with subpoena issued by Alcohol Beverage Control Committee or a witness refuses to testify in any matter which he may be lawfully interro gated, the Alcohol Beverage Control Committee by majority vote of those present shall adjudge him guilty of contempt and may fine him not more than Three Hundred ($300.00) Dollars or imprison him for not more than thirty days (30) in the Parish Prison, or both. The Parish Sheriff shall execute the judgment of contempt. (Ord. No. 81-114, adopted 02/05/81; amended Ord. No. 89-1147, adopted 09/21/89)

SEC.

3-188.01 Reopened Cases


    When the Alcohol Beverage Control Committee withholds, suspends or revokes a permit, it shall retain jurisdiction to reopen the case at anytime upon petition or upon its own motion, and for good cause shown it may modify, revise or reverse its former findings, and all such reopened cases shall be heard and determined under the same rules or procedures as [the] original hearings. (Ord. No. 81-114, adopted 02/05/81; amended Ord. No. 89-1147, adopted 09/21/89)

SEC.

3-188.02 Causes For Withholding, Suspending, Revoking Permits


    No permit shall be withheld, suspended or revoked except for the causes specified in Articles VI and VII of this Article. However, if a person holds more than one permit and only one of them is withheld, suspended or revoked, the Alcohol Beverage Control Committee may withhold, suspend or revoke all of his permits. (Ord. No. 81-114, adopted 02/05/81; amended Ord. No. 89-1147, adopted 09/21/89)

SEC.

3-189.00 Conviction Of Violation Of Alcoholic Beverage Ordinances

Upon Refusal;                       Suspension Or Revocation Permits

    Conviction by a court of violation of the provisions of the Parish Alcoholic Beverage Ordinances is not a condition precedent to the refusal, suspension or a revocation by the Alcohol Beverage Control Committee. The Alcohol Beverage Control Committee may withhold, suspend or revoke permits for violation(s) regardless of any prosecution in the court or of the result of any such prosecution. (Ord. No. 81-114, adopted 02/05/81; amended Ord. No. 89-1147, adopted 09/21/89)

SEC.

3-189.01 Effect Of Revocation Or Suspension Of Permit Upon Other Penalty


    The revocation or suspension of a permit is in addition to and not in lieu of or a limitation of any other penalty imposed by law. (Ord. No. 81-114, adopted 02/05/81)

SEC.

3-189.02 Reissuance Of Permit After Revocation



    When a permit is revoked for any legal cause, the Alcohol Beverage Control Committee may, at the same time, order that no local permit shall be issued covering the same premises until one year after the date of revocation. (Ord. No. 81-114, adopted 02/05/81; amended Ord. No. 89-1147, adopted 09/21/89)

SEC.

3-190.00 Consumption by Driver


EDITORIAL NOTE: New Sections 3-190.00 - 3-190.06 prohibiting open containers by drivers of motor vehicles added by authority of Ordinance No. 91-1442, adopted 05/16/91.

    It shall be unlawful for any driver to drink or consume alcoholic beverages in any private motor vehicle, when such vehicle is being operated upon a public street within the unincorporated parish limits. (Ord. No. 91-1442, adopted 05/16/91)

SEC.

3-190.02 Possession by Driver


    It shall be unlawful for a driver to have in his possession, while operating a private motor vehicle upon a public street within the unincorporated parish limits, any bottle, container or receptacle containing alcoholic beverages, which has been opened, or the seal broken, or the contents of which have been partially removed. (Ord. No. 91-1442, adopted 05/16/91)

SEC.

3-190.04 Definitions


     .     "Private motor vehicle" - Any motor vehicle which is not operating as a licensed passenger carrier. Examples: automobile, truck, van, motorcycle, bicycle, recreational vehicle, etc.

    2.     "Alcoholic Beverage" - Any fluid or liquid suitable for human consumption of either low or high content alcohol, including, but not limited to, beer, ale, malt beverage, stout, wine, wine cooler, cider, or intoxicating liquors (pure or rectified by distillation).

    3.     "Open Container" - Any container, receptacle or vessel capable of holding fluids or liquids of low or high content alcohol with visible evidence of an opening or broken seal whereby consumption is possible or probable. Examples: can, bottle, glass or other container marked with visible evidence of alcohol content.
        (Ord. No. 91-1442, adopted 05/16/91)

SEC.

3-190.05 Intent Of Ordinance


    To prevent dispensing and/or sale of alcoholic beverages via drive-thru windows and consumption of alcoholic beverages in motor vehicles, it is the desire of this governing body to amend the Code of Ordinances to establish restrictions in connection with open containers in motor vehicles and drinking while driving. (Ord. No. 91-1442, adopted 05/16/91)

SEC. 3-190.07 - 3-190.99 Reserved.