New Orleans City Code ch. 10, art. II, div. 2 — ADMINISTRATION | Code of the City of New Orleans (Supp. No. 118, Update 1: codified through Ordinance No. 30771, adopted September 17, 2026) — City of New Orleans

New Orleans City Code § 10-76 Authority of alcoholic beverage control board.

Sec. 10-76. - Authority of alcoholic beverage control board. (a) Pursuant to the authority contained in the Home Rule Charter of the City of New Orleans and La. R.S. 33:4785, the alcoholic beverage control board shall have the power and authority to conduct hearings, suspend or revoke city alcoholic beverage permits, impose other remedial sanctions as set forth in section 10-160, and decide appeals from persons who have been denied alcoholic beverage permits by an administrative official in the enforcement of applicable state or municipal laws. (b) No board member shall have ownership, leasehold interest in nor be an employee of a permitted alcoholic beverage outlet. (Code 1956, §§ 5-58.1(a), 5-58.3; M.C.S., Ord. No. 18,051, § 1, 2-6-97; M.C.S., Ord. No. 27737, § 1, 4-19-18)

New Orleans City Code § 10-77 Procedure.

Sec. 10-77. - Procedure. The alcoholic beverage control board shall be governed by provisions of the Administrative Procedure Act, R.S. 49:950 et seq., unless the procedure or proceedings are specifically established by R.S. 33:4787 or 33:4788 or is inconsistent with the provisions of the city charter, in which case the provisions of the charter shall prevail. (Code 1956, § 5-58.3)

New Orleans City Code § 10-78 Suspension, revocation procedure.

Sec. 10-78. - Suspension, revocation procedure. (a) Upon petition fully filed by either the mayor or the superintendent of police, the director of the department of finance, the director of the department of safety and permits, or the city attorney, setting forth the causes for suspension, revocation, or other remedial sanctions as set forth in section 10-160, a hearing shall be held by the alcoholic beverage control board to determine whether the permit of the person charged shall be suspended or revoked, or whether remedial sanctions shall be imposed. A notice shall be served upon the holder of the permit stating the time and place of the hearing to be held by the board, which shall be not less than ten calendar days from the date such notice is given. The notice shall be sent by the clerk of the council and shall enumerate the cause or causes for suspending or revoking the permit, or for imposing remedial sanctions. The notice shall be mailed by regular and registered or certified mail to the holder of the permit at the address of the place of business as given in the application for the permit, or it may be served on the holder of the permit in person by a police officer or employee of the department of finance or the department of safety and permits. (b) Except as provided in subpart (e) herein, no permit shall be suspended or revoked, nor any remedial sanction imposed, except by majority vote of the alcoholic beverage control board. All petitions shall be prepared and prosecuted by the department of law. If proper notice has been served upon the defendant, the hearing may proceed without his presence if he fails to appear. Certified copies of convictions involving causes for suspension or revocation or for remedial sanctions being imposed in either the municipal courts or in the criminal district court of this parish shall constitute prima facie proof of a violation by the permit holder. (c) When an alcoholic beverage permit is revoked for any legal cause by any lawful authority, no city permit shall be issued covering such premises for a year after the date of the revocation. When a permit has been suspended by lawful authorities, no new permit shall be issued to the same premises for a period of 14 days beginning from the last date of suspension. After the effective date of the ordinance from which this section was derived, if any licensee shall have received a second suspension connected with the same premises involving prostitution, pandering or obscenity no new permits shall be issued for the same establishment for a period of six months and one day, from date of such suspension. (d) If a license is revoked because of discontinuance of a nonconforming land use pursuant to the comprehensive zoning ordinance, Ordinance No. 4264, as amended, the license shall not be issued except after the department of safety and permits has verified compliance with the requirements of the comprehensive zoning ordinance. (e) In accordance with La. R.S. 33:4785(b) and La. R.S. 33:4786 and except as otherwise modified by La. R.S. 33:4787 and La. R.S. 33:4788, the board shall possess the emergency suspension powers granted to an agency by Section 49:961 of the Administrative Procedure Act. The board may not exercise the preceding powers unless and until the board promulgates rules and regulations, which must be approved by the council in accordance with section 2-1000 of the Code, defining the circumstances when emergency suspension is permitted, establishing notice requirements and hearing procedures in compliance with the United States and Louisiana Constitutions, and setting forth such other provisions that the board deems necessary or desirable to protect public safety and welfare while affording due regard to the rights and livelihoods of license holders. In promulgating the foregoing, the board is directed to review and consider all available and legal options and to establish defined criteria for what constitutes an emergency to public safety and welfare; provided however, that an emergency suspension shall not be issued unless notice is given to the premittee and a pre-suspension hearing is provided. Nothing herein shall limit or modify the authority of the city to address emergencies pursuant to the authority granted by other sections of the Home Rule Charter, the Code of the City of New Orleans and other applicable law. (Code 1956, § 5-58.1(f)—(h); M.C.S., Ord. No. 18,052, § 1, 2-6-97; M.C.S., Ord. No. 27737, § 1, 4-19-18; M.C.S., Ord. No. 28191, § 1, 10-3-19)

New Orleans City Code § 10-79 Notice.

Sec. 10-79. - Notice. Where the holder of, or applicant for, an alcoholic beverage permit and the owner of the real property are different and a permit has been denied, suspended or revoked, or remedial sanctions have been imposed under this article, in addition to the notification required to be given to the holder thereof, or applicant therefor, the department of finance, the department of safety and permits, or the alcoholic beverage control board, as appropriate, shall notify one or more of the owners of the real property upon which the business, in the name of which the alcoholic beverage permit was issued, is located. (Code 1956, § 5-59; M.C.S., Ord. No. 18,053, § 1, 2-6-97; M.C.S., Ord. No. 27737, § 1, 4-19-18)

New Orleans City Code § 10-80 Standing before board.

Sec. 10-80. - Standing before board. Any person desiring to appear before the alcoholic beverage control board relative to the appeal of the denial of an alcoholic beverage permit by the department of safety and permits or the suspension or revocation of an alcoholic beverage permit by the alcoholic beverage control board or the imposition of remedial sanctions by the alcoholic beverage control board shall have standing before the board. (Code 1956, § 5-60; M.C.S., Ord. No. 18,054, § 1, 2-6-97; M.C.S., Ord. No. 27737, § 1, 4-19-18)

New Orleans City Code § 10-81 Rules of procedure.

Sec. 10-81. - Rules of procedure. The alcoholic beverage control board shall adopt rules and regulations relating to the conduct of its proceedings; provided, however, that such rules and regulations shall not become effective until such time as they are inscribed in its rules of procedures. (Code 1956, § 5-60)