Sec. 10-157. - Grounds for revocation or suspension of permit or remedial sanctions.
(a) Any city retail alcoholic beverage permit may be suspended or revoked, with or without remedial sanctions as set forth in section 10-160, for any one of the following reasons:
(1) Selling or serving alcoholic beverages to any person under the age of 21 years.
(2) Selling or serving alcoholic beverages to any intoxicated person.
(3) Unless otherwise permitted by law, allowing or permitting any person under the age of 18 years to visit or loiter on any premises where alcoholic beverages are the principal commodity sold.
(4) Allowing or permitting any disturbance of the peace or improper conduct on the permitted premises. Improper conduct, as specified in this subsection, shall consist of convictions of chapter 54 of the Code of the City of New Orleans - the city's Criminal Code.
(5) Selling any alcoholic beverage not allowed by the city alcoholic beverage permit.
(6) Employing anyone under the age of 18 years when the sale of alcoholic beverages constitutes the main business. Where the sale of alcoholic beverages does not constitute the main business, an employee under 18 shall not sell or dispense alcoholic beverages.
(7) Misstating or suppressing any fact in the application for the city permit.
(8) Operating a retail alcoholic beverage outlet in the city with any person whose alcoholic beverage permit has been revoked or denied, either as partner, agent, spouse, employer, employee, or interposed party.
(9) Failure to pay any sales, amusement or other excise taxes, liens, or fines due to the city or state in connection with the premises.
(10) Violation at the premises of any health or sanitation ordinance of the city or the state.
(11) Violation at the location of any provision of the comprehensive zoning ordinance, M.C.S., Ordinance Number 4,264, as amended; provided, however, that any premises which has acquired a nonconforming use for the sale of alcoholic beverages under such comprehensive zoning ordinance shall not be considered to be in violation thereof by reason of application for renewal of an existing permit or for a new permit if the business conducted on said premise has transferred to a new party, except if such alcoholic beverage permit has not been legally used continuously for a period of six months or more at such location.
(12) Violation at the premises of any of the provisions of the city building code.
(13) Violation at the premises of any special condition, restriction, or proviso relative to land use or sale of alcoholic beverages at the premises imposed by ordinance of the council or specifically contained in any alcoholic beverage permit for the premises.
(14) Conviction of the permit holder of a felony, or the knowing retention of a manager convicted of a felony, under the laws of the United States or any state; or the knowing retention of an employee of the permit holder that is convicted of a felony committed on the permitted premises or in connection with the business. If a juridical entity, a permit holder includes: all partners, officers and directors and all stockholders or members owning in the aggregate more than ten percent of the stock or of the membership interest in a limited liability company and the person or persons who shall conduct or manage the business.
(15) Fraud on the part of an administrative official or employee or on the part of the applicant in connection with the issuance of an alcoholic beverage permit for which, absent such fraud, the permit would not otherwise have been issued.
(16) Error or mistake on the part of an administrative official or employee or on the part of the applicant in connection with the issuance of an alcoholic beverage permit for which, absent such error or mistake, the permit would not otherwise have been issued.
(17) Determination of the existence of a public nuisance, as defined in titles 13, 14 and 40 of Louisiana Revised Statutes or any other applicable law, by a court of competent jurisdiction.
(18) Accepting food coupons distributed by the United States Department of Agriculture as payment for alcoholic beverages and/or tobacco products.
(19) Failing to provide the required information, pursuant to section 10-126, alerting patrons of the possible dangers to infants born to women who consume alcoholic beverages during pregnancy.
(20) Maintaining or creating a nuisance within the meaning of article 667 of the Louisiana Civil Code.
(21) Molesting passersby as prohibited in section 10-158.
(22) Three or more violations of litter ordinances within a period of one year.
(23) Maintaining and operating a retail alcoholic beverage outlet in the city where two or more instances of "drug related criminal activity" or "criminal activity involving violence or weapons" or "maintenance of a nuisance", have occurred as defined in R.S. 13:4711, or weapons on or around the premises within a five-year period, and where the permit holder is deemed responsible or failed to take reasonable action to prevent such conduct. This provision is not intended to penalize an ABO that cooperates with law enforcement in investigating suspected illegal activity.
(24) Failure to comply with requests for audits or installment payments for sales tax, liens, or fines.
(25) Any other violation of this chapter.
(26) Sale without permit. To sell or offer for sale at wholesale or at retail any of the articles taxed in this chapter without first having obtained a city and state permit, and maintaining both at all times during sale(s).
(27) Violation of Code or rules. To violate any lawful rule or regulation made pursuant to this chapter, or violation(s) of the health or sanitary regulations of the City Code or any other provisions that ensure that the business does not disturb the peace or improperly operate.
(28) Refusal of inspection. To refuse to allow, on demand, the department of finance, department of safety and permits, or any office or agent of the city to make at any time a full inspection of any place of business where any of the articles taxed in this chapter are sold or otherwise to hinder or prevent such inspection.
(29) Concealing violations. To use any artful device or deceptive practice to conceal any violation of this chapter, or to mislead any agent of a department tasked with the enforcement of this chapter, or to do any other act tending to defraud the city of its revenue.
(30) Failure to produce invoices. For any retail dealer or his agent or employee to fail to produce, on demand of the department of finance, all invoices of alcoholic beverages bought by him or received at his place of business within six months prior to such demand, unless he can show by satisfactory proof that the nonproduction of such invoices was due to providential or other causes beyond his control.
(31) False invoices. For any person to make, use, present or exhibit to the department of finance or any of its agents any invoices of alcoholic beverages which bear an untrue date or falsely state the nature or quantity of the goods listed on the invoices as provided by this chapter.
(32) State revocation. If the state suspends or revokes or fails to renew an outlet's permit for the sale of alcoholic beverages.
(33) Intentionally allowing or permitting illegal gambling on the premises.
(b) Allowing or permitting of any of the practices set forth herein provides cause for the alcoholic beverage control board to suspend or revoke a permit, and/or issue remedial sanctions to the permit holder, his servant, agent or employee(s).
(c) The causes for revocation, suspension, and/or for remedial sanctions being imposed set forth in this section shall also constitute penal violations of this Code and shall be in addition to any other regulations or prohibitions now contained in this chapter, except nonpayment of excise taxes.
(Code 1956, § 5-58.1(b)—(e); M.C.S., Ord. No. 17,515, § 1, 5-2-96; M.C.S., Ord. No. 18,059, § 1, 2-6-97; M.C.S., Ord. No. 18,060, § 1, 2-6-97; M.C.S., Ord. No. 21589, § 1, 7-1-04; M.C.S., Ord. No. 22554, § 1, 3-1-07; M.C.S., Ord. No. 23646, § 1, 7-23-09; M.C.S., Ord. No. 28191, § 1, 10-3-19)
