§ 6-5. Additional penalties for violations in the City of Lafayette and the unincorporated areas of the Parish of Lafayette.

In addition to any penalties imposed as set forth in section 1-9, the following penalties shall be imposed for each and every violation of any of the provisions of this chapter, unless otherwise provided in a particular section or subsection herein, within the City of Lafayette and the unincorporated areas of the Parish of Lafayette.

(1)

On the first violation of any provision of this chapter, documented in a subsequent written notice of violation issued to a permittee by Lafayette City-Parish Consolidated Government's Office of Alcohol and Noise Control, any permit issued pursuant to this chapter may be suspended by the director up to three days, and/or a fine not to exceed $500.00 may be assessed, or both.

(2)

On the second violation which occurs within any given 12-month period, documented in a subsequent written notice of violation issued to a permittee by Lafayette City-Parish Consolidated Government's Office of Alcohol and Noise Control, any permit issued pursuant to this chapter may be suspended by the director for up to seven days, and/or a fine not to exceed $1,000.00 may be assessed, or both.

(3)

On the third violation which occurs within any given 12-month period, documented in a subsequent written notice of violation issued to a permittee by Lafayette City-Parish Consolidated Government's Office of Alcohol and Noise Control, any permit issued pursuant to this chapter shall be suspended by the director for a period not less than one day nor more than 15 days. In addition to the suspension, a fine not to exceed $2,500.00 may be assessed.

(4)

On the fourth violation which occurs within any given 12-month period, documented in a subsequent written notice of violation issued to a permittee by Lafayette City-Parish Consolidated Government's Office of Alcohol and Noise Control, any permit issued pursuant to this chapter may be revoked by the director. If not revoked, any permit shall be suspended by the director for a period of not less than seven days nor more than 21 days. In addition to the revocation or suspension, a fine not to exceed $5,000.00 may be assessed.

(5)

On the fifth violation which occurs within any given 12-month period, documented in a subsequent written notice of violation issued to a Permittee by Lafayette City-Parish Consolidated Government's Office of Alcohol and Noise Control, any permit issued pursuant to this chapter may be revoked by the director. If not revoked, any permit shall be suspended for a period of not less than 14 days nor more than 30 days. In addition to the revocation or suspension, a fine not to exceed $7,500.00 may be assessed.

(6)

On the sixth violation which occurs within any given 12-month period, documented in a subsequent written notice of violation issued to a Permittee by Lafayette City-Parish Consolidated Government's Office of Alcohol and Noise Control, any permit issued pursuant to this chapter shall be revoked by the director.

(7)

Any fine imposed under this chapter shall be paid within ten calendar days from the date that the director's decision has become final. If the fine is not paid within this time period, said permit shall be suspended until the fine is paid in full. The suspension or revocation of any permit imposed under this chapter shall not become effective until after the decision of the director becomes final.

(8)

Once any permit is revoked pursuant to this section, a new permit shall not be issued to the same person directly or indirectly pursuant to the provisions of this chapter for a period of not less than one year from the date of revocation.

(9)

In addition to any penalties imposed as set forth in this section, a penalty shall be assessed against any permittee that operates without renewing the permits required by this chapter as provided in section 6-40.

(10)

Notwithstanding any provisions to the contrary contained herein, in determining cases involving the imposition of a fine, suspension or revocation of permits, if the director finds that the violation is of a minor nature, or that there are extenuating circumstances, or that there are reasonable grounds to expect that the permittee will not again violate any of the provisions of this chapter, the director may suspend the permit for such time he thinks proper or impose a fine for such amount that he thinks proper. If the permittee has previously been fined or had a permit suspended or revoked, or if the violation, regardless of whether it be the permittee's first violation or otherwise, is flagrant, repetitive, frequent or serious, the director may impose a fine and/or suspension commensurate to the seriousness of the violation or may revoke the permit or permits and shall immediately notify the state and local authorities of this action. When a person holds more than one permit under this chapter, and any one of them is suspended or revoked, the director may suspend or revoke all of his permits.

(11)

"Days" For purposes of this section relative to the imposition of a suspension of an alcoholic beverage permit, refers to the days of operation of the permittee, unless otherwise stated.

(Ord. No. O-091-2017, § 6, 5-16-17)

Editor's note

Ord. No. O-091-2017, § 6, adopted May 16, 2017, amended § 6-5 in its entirety to read as herein set out. Former § 6-5, pertained to additional penalties for violations in the City of Lafayette, and derived from O-180-2005, § 2, 7-26-05.