§ 5-42. Procedure for determining to issue or withhold permits.

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

(1)

The parish council shall, independently of the state office of alcohol and tobacco control, investigate all applications filed with them for local permits, and shall withhold the issuance of a permit where that action is justified under the provisions of this article.

(2)

The decision to withhold a local permit shall be made within 35 calendar days of the filing of the application. Within that period, the withholding authority shall notify the state office of alcohol and tobacco control in writing that it is withholding the permit and give the reason therefore.

(3)

Upon receipt of this notice, supported by reasons enumerated in or authorized by this article, the state office of alcohol and tobacco control shall withhold issuance of the applicant's state permit.

(4)

Within five calendar days after the receipt of the notice from the local authorities, the state office of alcohol and tobacco control shall notify the applicant in writing of the action and shall assign the reasons therefore.

(5)

Such notice shall be either delivered to the applicant in person or sent to him by registered mail at the business address given in his last application. When so addressed and mailed, it shall be conclusively presumed to have been received by the applicant.

(Ord. No. 05-06, 3-28-05)

State law reference

Procedure for determination to issue or withhold permit, R.S. 26:87 and 284.