§ 6-4. Suspension, revocation or imposition of fine in the City of Lafayette and the unincorporated areas of the Parish of Lafayette.  


Latest version.
  • (a)

    Application. The provisions of this section shall apply in the City of Lafayette and the unincorporated areas of the Parish of Lafayette.

    (b)

    Beverages of high alcoholic content. The director shall have the right to impose a fine, suspend and/or revoke any permit issued pursuant to this chapter for beverages of high alcoholic content for causes set forth in La. R.S. 26:1, et seq., or for violation of any of the provisions of this chapter, or for violation of any ordinance authorized by La. R.S. 26:493.

    (c)

    Beverages of low alcoholic content. The director shall have the right to impose a fine, suspend and/or revoke any permit issued pursuant to this chapter for beverages of low alcoholic content for causes set forth in La. R.S. 26:1, et seq., or for violation of any of the provisions of this chapter, or for violation of any ordinance authorized by La. R.S. 26:493.

    (d)

    Failure to comply with contract or service agreement with the Lafayette City-Parish Consolidated Government and/or failure to pay any outstanding amounts owed Lafayette City-Parish Consolidated Government. Alcoholic beverage permits are subject to fines, suspension, revocation or denial under this chapter by the director for a permittee's or applicant's failure to comply with a contract or service agreement with any department and/or division within the Lafayette City-Parish Consolidated Government, or the permittee's or applicant's failure to pay any outstanding fees, fines, assessments, charges, penalties, taxes, levies or any other outstanding amounts whatsoever owed to any department and/or division within Lafayette City-Parish Consolidated Government.

    (e)

    Informal hearing before director. Before a fine is imposed or any permit is suspended or revoked pursuant to this section, the permittee shall be entitled to an informal hearing before the director, as provided herein. With the written approval of the director, Lafayette City-Parish Consolidated Government's Office of Alcohol and Noise Control shall issue a written notice of violation to a permittee who has violated any of the provisions of this chapter. The written notice of violation issued by Lafayette City-Parish Consolidated Government's Office of Alcohol and Noise Control shall include the following:

    1.

    The time and place of the informal hearing;

    2.

    The provision(s) of the Code that was
    (were) violated; and

    3.

    A summary of the causes for which the violation(s) was (were) issued.

    Within 60 days of a permittee's receipt of a notice of violation by Lafayette City-Parish Consolidated Government's Office of Alcohol and Noise Control, the director shall conduct an informal hearing. After an informal hearing by the director is conducted, the director shall render a written decision.

    a.

    Notice of the director's written decision shall be provided to the permittee.

    b.

    The written decision of the director shall be final after the expiration of the appeal delays established in this section.

    (f)

    Appeal to council. Within 21 calendar days after the date of the notice of the decision of the director, the permittee shall have the right to appeal the decision of the director to the council. The appeal shall be exercised by the submission of a written request for appeal to the clerk of the council. The council shall not consider any appeal which is untimely filed or for which a written request for appeal is not submitted to the clerk of the council.

    (g)

    Notice of hearing of appeal before council. A notice shall be sent to the permittee or his designee stating the time and place of the hearing of appeal before the council. This notice shall be sent at least ten calendar days prior to the council's hearing date.

    (h)

    Action by council. The exclusive purpose of the appeal established herein is for the council to determine whether the director acted reasonably and in good faith under the provisions of this chapter in assessing fines, suspensions or revocation of a permit. The council shall vote only to either uphold the decision of the director, overturn the decision of the director or remand the matter back to the director, with reasons for said remand. The council shall not alter the length of time of the suspension or revocation and/or the amount of any fine imposed by the director. On remand, the director may re-affirm, modify, revise or reverse his decision which has been returned to him by the council for reconsideration. A remanded matter shall be treated as an extension of the original informal hearing and shall be noticed for rehearing by the director in accordance with the provisions of subsection (e)1. herein.

    (i)

    Appeal to district court. Within 21 calendar days from the date of the written notice by the clerk of the council reflecting the council's decision on an appeal, any party aggrieved may take an appeal to the 15 th Judicial District Court unless the council remands the matter back to the director for reconsideration. Concurrent with the filing of an appeal to the 15 th Judicial District Court, the aggrieved party shall provide notice of such filing to the other party. The written notice reflecting the council's decision shall be provided to the permittee or his designee. Such appeals shall be filed in the district court in the same manner as original suits are instituted therein. The appeals to district court shall be tried de novo.

    (j)

    Appeal to appellate court. Any appeal from a Judgment of the 15 th Judicial District Court to the Third Circuit Court of Appeals shall be perfected in the same manner as provided for in civil cases.

    (k)

    Criminal conviction by court not required; standard of proof Any civil violation of a provision of this chapter does not constitute a criminal violation or a criminal conviction, and such a conviction shall not be a condition precedent to the suspension or revocation of a permit or the issuance of a fine. Notwithstanding the foregoing, a criminal conviction by a court related to any provision of this chapter may be used as evidence to show that the related civil violation of this chapter has occurred. The standard of proof of any civil violation of a provision of this chapter need only be shown by a preponderance of the evidence.

    (l)

    Method and delivery of notice. For purposes of this section, notice required herein shall be provided to the permittee or his designee by either of the following methods:

    a.

    Hand delivery, with acknowledgement of receipt; or

    b.

    By registered or certified mail, return, receipt requested. Notice to the permittee utilizing this method shall be addressed to the designated physical address provided by the permittee in his permit. When so addressed and mailed, any such notice shall be presumed to have been received by the permittee.

    (m)

    No fines shall be collected, and no permit shall be suspended or revoked until after the decision of the director has become final.

(Ord. No. O-180-2005, § 2, 7-26-05; Ord. No. O-091-2017, § 5, 5-16-17)