§ 5-78. Procedure for determination to issue or withhold.

(a)

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 investigate all applications filed with it for local permits and shall withhold the issuance of a permit where that action is justified under the provisions of this article or state law. This action may be taken without a prior hearing. The decision to withhold a local permit shall be made within 35 calendar days of the filing of an application. Within that period, the council shall notify the state office of alcohol and tobacco control in writing that it is withholding the permit and shall give the reasons therefore. Upon receipt of this notice, supported by reasons enumerated in or authorized by this article, the commissioner of the state office of alcohol and tobacco control shall withhold the issuance of the applicant's state permit. Within five calendar days after the receipt of this notice from the local authorities, the commissioner of the state office of alcohol and tobacco control shall notify the applicant in writing of the withholding of the permits and shall assign reasons therefore. Such notice shall be either delivered to the applicant in person or sent to him by registered mail at the address given in his last application for a state permit. When so addressed and mailed, it shall be conclusively presumed to have been received by the applicant.

(2)

Any citizen who has, for at least six months prior thereto, resided in the parish wherein the proposed place of business of an applicant for a permit is situated, or any public official or state or local law enforcement officer may oppose the issuance of permits by filing with the proper local authorities or with the commissioner of the state office of alcohol and tobacco control a sworn petition of opposition. If this petition is filed, the local authorities, within 35 calendar days of the filing of the application for a local permit, shall withhold the issuance of the local permit and immediately notify the commissioner of the state office of alcohol and tobacco control of the action, enclosing the petition of opposition and any supporting documents. Upon receipt of this notice, the commissioner of the state office of alcohol and tobacco control shall withhold the issuance of the state permit. If the petition is filed with the commissioner of the state office of alcohol and tobacco control, he shall withhold the issuance of the state permit and immediately notify the proper local authority. The local authority thus notified shall withhold issuance of the local permit. In either event, the commissioner of the state office of alcohol and tobacco control, immediately upon receipt of a sworn petition of opposition, shall notify the board of tax appeals and transmit to it the petition of opposition. The board shall hold a hearing on the petition and determine the issue in the manner provided in this article.

(3)

Any trade organization consisting of brewers and distributors of beverages of low alcoholic content, through its authorized representative, may oppose the issuance of permits by filing with the proper local authorities or with the commissioner of the state office alcohol and tobacco control a sworn petition of opposition. If this petition is filed the local authorities, within 35 calendar days of the filing of the application for a local permit, shall withhold the issuance of the local permit and immediately notify the commissioner of the state office of alcohol and tobacco control of the action, enclosing the petition of opposition and any supporting documents. Upon receipt of this notice, the commissioner of the state office of alcohol and tobacco control shall withhold the issuance of the state permit. If the petition is filed with the commissioner of the state office of alcohol and tobacco control, he shall withhold the issuance of the state permit and immediately notify the proper local authority. The local authority thus notified shall withhold issuance of the local permit. In either event, the commissioner of the state office of alcohol and tobacco control, immediately upon receipt of a sworn petition of opposition, shall notify the board of tax appeals and transmit to it the petition of opposition. The board shall hold a hearing on the petition and determine the issue in the manner provided in this article.

(b)

No petition of opposition shall be acted upon by the commissioner of the state office of alcohol and tobacco control, the local authorities, or the board of tax appeals unless it is sworn to by the petitioner in an affidavit which also affirms that the petitioner together with witnesses, if any, will appear at the hearing to establish the allegations of the petition and unless the petitioner sets forth facts constituting a cause or causes enumerated in or authorized by this article or state law for the withholding of a permit.

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

State law reference

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