VIOLATIONS

New Orleans City Code ch. 10, art. IV, div. 4

in effect

New Orleans City Code § 10-566 Authority to search for violations.

Sec. 10-566. - Authority to search for violations. The department of safety and permits may search and examine any warehouse, boat, store, storeroom, automobile, truck, conveyance, vehicle or other place of storage, except a private residence which may be searched only in the manner provided for by law, and any means of transportation, whenever there is probable cause to believe that the terms of this chapter have been or are being violated. (Code 1956, § 5-107; M.C.S., Ord. No. 27737, § 1, 4-19-18)

New Orleans City Code § 10-567 Limitations on authority.

Sec. 10-567. - Limitations on authority. (a) Notwithstanding the provisions of section 10-566 no place, other than such as is open to the public, shall be invaded and searched except by an officer named in a search warrant issued by a competent court having the power of a committing magistrate, upon the filing with such court of an affidavit reciting that affiant has reason to believe and believes that the named place is being utilized as a site for the violation of the provisions of this chapter, together with such additional evidence as the court may require to make a prima facie case. No house, room or apartment used as, or which apparently is, a bona fide residence, shall be subject to invasion and search except by an officer designated in a search warrant issued by a competent court having the powers of a committing magistrate, upon the filing in such court of an affidavit by two reliable persons reciting that they have reason to believe and do believe that such place of residence is being used as a cloak or cover for a violation of the provisions of this chapter, and setting forth the specific violations being committed therein, together with such additional corroborating evidence as the court may, in its discretion, require to establish the probable existence of the alleged violation of this chapter. (b) The court shall preserve in its records, subject to inspection at any time by the public, the affidavit hereinabove referred to. (Code 1956, § 5-108)

New Orleans City Code § 10-568 When operator lives on premises.

Sec. 10-568. - When operator lives on premises. Under the terms and conditions of this chapter, and the agreement under which permits are granted for such places of business, where the operator resides in or on the same premises and where the permit allows the storage or sale of alcoholic beverages anywhere on such premises, such premises are hereby declared to be entirely and completely commercial, so far as the agreement for the search of the entire premises is concerned (though this provision does not affect the zoning laws) and, as such, shall, notwithstanding the provisions of section 10-567 be subject to invasion and search without a search warrant, unless the holder of such permit specifically defines and limits the area in which such alcoholic beverages are to be stored or sold, in which case the area so defined shall not have any opening into any portion or part of the property used as residential, either through an adjoining room, hallway, stairs, yard or otherwise, but the commercial and residential parts of the premises must be completely separate and distinct from each other and divided and separated from each other by a solid partition from floor to ceiling without any openings whatever therein in order that such person or dealer may claim or demand a search warrant or for the term "bona fide residence" to apply to such case. (Code 1956, § 5-109)

New Orleans City Code § 10-569 Execution of search warrant.

Sec. 10-569. - Execution of search warrant. Any warrant issued under this division shall be directed to a duly authorized peace officer and the premises described in the warrant shall be searched and all alcoholic beverages or any property used or designed or intended to be used in the keeping for sale or sale of any alcoholic beverages on such premises shall be seized by such officer and the keeper of such place and such other persons as may be involved in such violation or the person to whom such alcoholic beverages or property belongs shall be apprehended and brought before the court issuing the warrant, to abide the further orders of the court. The officer to whom the search warrant is directed shall make proper return thereon of the action taken thereunder, describing the alcoholic beverages or property so seized, if any. (Code 1956, § 5-110)

New Orleans City Code § 10-570 Seizure of vehicle used in transportation.

Sec. 10-570. - Seizure of vehicle used in transportation. Any automobile, truck, boat, conveyance, vehicle or other means of transportation, other than a common carrier, caught or detected transporting any of the articles taxed by this chapter, without the proper permit or the required tax having been paid may be seized by the department of finance in order to secure it as evidence in a trial brought under this chapter. (Code 1956, § 5-111)

New Orleans City Code § 10-571 Disposition of property seized.

Sec. 10-571. - Disposition of property seized. The alcoholic beverages or property seized under the provisions of sections 10-569 and 10-570 shall be held by the officer, without the right of having them released upon writ or claim, except alcoholic beverages seized in a bona fide dwelling house, which shall be released to their owner upon his giving bond, with good and solvent surety, for the value of such alcoholic beverages, conditioned for the return of such alcoholic beverages to the officer upon the order of the court. The court, after the trial of the accused, shall order all alcoholic beverages and property illegally held by the accused at the time of seizure to be immediately and publicly sold or destroyed by the sheriff or peace officer designated by the court. (Code 1956, § 5-112)

New Orleans City Code § 10-572 Claim by innocent owner or holder of lien.

Sec. 10-572. - Claim by innocent owner or holder of lien. Any person who: (1) Claims title to any alcoholic beverage seized under the provisions of this chapter, or claims to be entitled to any lien existing thereon prior to the date of seizure; and (2) Did not in any respect participate in the violation of this chapter for which such beverage was seized; may file with the department of finance, under oath, a detailed statement of his claim, with a sworn declaration that the claimant did not in any way participate in such violation of this chapter. (Code 1956, § 5-113)

New Orleans City Code § 10-573 Release of property under bond.

Sec. 10-573. - Release of property under bond. Upon the filing of the statement referred to in the preceding section the property may be released by the department of finance and delivered to the claimant if claimant shall furnish to the department of finance a good and solvent surety bond with a surety company qualified to do business in the state as surety on the bond in a penal sum of not less than double the appraised value of the goods seized, and in no event less than $50.00, which bond shall be conditioned to pay the department of finance the appraised tax value of the goods, and all costs if the claimant does not prosecute his claim to successful judgment. (Code 1956, § 5-114)

New Orleans City Code § 10-574 Further proceedings to establish rights of claimant.

Sec. 10-574. - Further proceedings to establish rights of claimant. If it is not practical to make service upon the claimant to the seized property or in case the claimant is a nonresident, the procedure outlined by the state laws and in this chapter may be used in order that the issue may be presented in a court of competent jurisdiction, thereby affording the claimant a fair opportunity to be heard. If a bond has been furnished by the claimant and the property has been released to him, the judgment of the court, if the contention of the department of finance is sustained, shall be directed against both the claimant and the surety on the bond and shall include all costs from the beginning of the seizure up to the final disposition of the case. (Code 1956, § 5-115)

New Orleans City Code § 10-575 Waiver of forfeiture when violation unintentional.

Sec. 10-575. - Waiver of forfeiture when violation unintentional. The department of finance may waive any proceedings for the forfeiture of the seized taxable articles or any part thereof if it is found that the violation of the law, for which the goods were seized, was unintentional or without intention to defraud the city of its tax, but only if the offender shall pay to the city double the amount of the necessary tax. (Code 1956, § 5-116)

New Orleans City Code § 10-576 Compromises.

Sec. 10-576. - Compromises. The department of finance may make a compromise with any claimant, before or after the claim is filed in court. (Code 1956, § 5-117)

New Orleans City Code § 10-577 Record of compromises and waivers.

Sec. 10-577. - Record of compromises and waivers. A record of all compromises and waivers of forfeiture shall be kept by the department of finance and shall be open to public inspection. (Code 1956, § 5-118)

New Orleans City Code § 10-578 Destruction of certain seized liquors.

Sec. 10-578. - Destruction of certain seized liquors. The department of finance may, after it has held for a period of not less than six months any seized liquors which are damaged, opened, unsaleable or unfit for human consumption and which have not been claimed by the person from whom they were seized, destroy such articles which are damaged, opened, unsaleable or unfit for human consumption without the necessity of court proceedings, and such articles shall be destroyed in the presence of the director of the department of finance, and two other witnesses. The department of finance shall prepare a proces-verbal describing all such articles to be destroyed, to whom such articles belong and the address of the place where seized, and such proces-verbal shall be signed by the director and the two other witnesses and shall be preserved among the records of the department for a period of not less than three years from the date upon which such damaged, opened, unsaleable or unfit for human consumption articles are so destroyed. (Code 1956, § 5-119)

New Orleans City Code § 10-579 Failure to pay tax ground for attachment.

Sec. 10-579. - Failure to pay tax ground for attachment. Failure to pay any tax, penalty, delinquent fee or costs accruing under this chapter, or failure to furnish the sworn statements as required by this section shall be construed as an attempt to avoid the payment of such tax, penalty, delinquent fee or costs and shall be sufficient grounds for attachment of any alcoholic beverage belonging to such person, wherever they may be found, whether such delinquent taxpayer be a resident or nonresident of the city, and whether such alcoholic beverage is in the possession of such delinquent taxpayer or in the possession of some other person. (Code 1956, § 5-120)

New Orleans City Code § 10-580 Procedure.

Sec. 10-580. - Procedure. Failure to pay the tax, penalty, delinquent fees or costs referred to in section 10-579 shall, ipso facto, without demand or putting in default, cause the tax, penalties, delinquent fee or fees or costs to become immediately delinquent and the department of finance and the council through that department may on motion in a court of competent jurisdiction take a rule on such person without deposit or advance in costs, to show cause why such person should not be ordered to cease from further pursuit of business until such time as he has paid the delinquent tax, penalty, fee or costs. (Code 1956, § 5-121)

New Orleans City Code § 10-581 How alcoholic beverages brought into city.

Sec. 10-581. - How alcoholic beverages brought into city. It shall be a violation of this chapter for any person to receive any shipment of alcoholic beverages from without the city other than by common authorized license carriers, under the jurisdiction of the Interstate Commerce Commission, by steamship or as otherwise provided in this chapter. The department of finance may grant a special permit under special circumstances to any wholesale dealer to transfer merchandise from one bonded wholesale dealer to another within the state and to any wholesale dealer to import merchandise into the city in vehicles or conveyances owned by such wholesale dealer. (Code 1956, § 5-122)

New Orleans City Code § 10-582 Dealers to be bonded.

Sec. 10-582. - Dealers to be bonded. Every dealer producing, manufacturing, importing or holding any alcoholic beverage within the city for any purpose shall be bonded to the city to collect and pay the taxes levied by this article. (Code 1956, § 5-123)

New Orleans City Code § 10-583 Dealers not to be in possession of unstamped liquor.

Sec. 10-583. - Dealers not to be in possession of unstamped liquor. No manufacturer or wholesale dealer in the city shall have in his possession any alcoholic beverages outside of his bonded interparish or interstate stockroom, unless such alcoholic beverages be in containers of no greater capacity than a gallon. No retail dealer shall have in his possession at any time any alcoholic liquors in containers of not more than one-gallon capacity. But the department of finance may authorize the sale and handling of wines in containers of a content greater than one gallon. (Code 1956, § 5-124)

Source: City of New Orleans, Code of Ordinances and Home Rule Charter (Municode Library, library.municode.com)URL: https://library.municode.com/la/new_orleans/codes/code_of_ordinances?nodeId=PTIICO_CH10ALBE_ARTIVGATA_DIV4VIFetched: 10/28/2026