RS 26:100 – By whom conducted; record; briefs Hearings may be held by the commissioner or by any person designated and authorized by the commissioner. If the hearing is to be held by a person designated by the commissioner, that person shall take an oath for the faithful performance of his duties. The oath may […]
RS 26:101 – Contempt at hearings; penalty If a person fails to comply with a subpoena issued by the commissioner or by any duly authorized person holding the hearing or if a witness refuses to testify in any matter regarding which he may be lawfully interrogated, the person conducting the hearing shall adjudge him guilty […]
RS 26:102 – Procedure when permittee or applicant fails to appear at hearing; continuances If a permittee or applicant who has been notified of a hearing does not appear, the hearing may proceed without him and the commissioner may consider and dispose of the case, but in all cases the commissioner, upon application or ex […]
RS 26:103 – Basis for determination by commissioner to suspend or to revoke permit In determining cases involving the suspension or revocation of permits, if the commissioner 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 […]
RS 26:104 – Costs of hearings In hearings of the commissioner which finally result in withholding the issuance of a permit or in suspending or revoking a permit, the commissioner shall assess the costs of the hearing to the applicant or permittee. The costs are recoverable by the commissioner in any appellate proceeding instituted by […]
RS 26:105 – Decisions to withhold, suspend, or revoke permits final unless appealed and reversed Decisions of the commissioner in withholding, suspending, or revoking permits and of local authorities in withholding permits are final and binding on all parties unless appealed in the manner provided in R.S. 26:106 and finally reversed by the courts. Acts […]
RS 26:106 – Appeals to courts A. Any party aggrieved by a decision of the commissioner to withhold, suspend, or revoke a permit or of the local authorities to withhold a permit may, within ten days of the notification of the decision, take a devolutive appeal to the district court having jurisdiction of the applicant’s […]
RS 26:107 – Summary proceedings on appeal All proceedings in the district and appellate courts arising under this Part are civil in nature and shall be heard summarily by the court, without a jury, shall take precedence over other civil cases, and shall be tried in chambers or in open court, in or out of […]
RS 26:108 – Interference by courts prohibited The courts of this state shall have jurisdiction to issue restraining orders and writs of injunction restraining the commissioner as provided in the constitution, but no writ or order shall issue before a decision has been made by the commissioner either withholding the application for a permit, or […]
RS 26:71 – Permits required; fees; exception A. Except as provided in Subsections B and C of this Section, before engaging in the business of manufacturing, supplying, or dealing in alcoholic beverages, all persons shall obtain from the commissioner, according to established rules and regulations, a permit to conduct each separate business and shall pay […]
RS 26:75 – Operation without permit prohibited A. No person shall do any act for which a permit is required by this Chapter or by local authorities acting hereunder unless he holds the proper state and local permit. Each day’s conduct of business by dealer without such a valid, unsuspended permit constitutes a separate violation […]
RS 26:76 – Personal nature of permits; return of permits; necessity of display; penalties A. The following shall apply to permits issued under this Chapter: (1)(a) Except as otherwise provided in this Subsection, permits are valid for only one year, unless expired, suspended, or revoked. (b) Notwithstanding Subparagraph (a) of this Paragraph, the commissioner may […]
RS 26:77 – Notice of application for retail dealer’s permit A. Prior to making application for a retail dealer’s permit, each applicant shall insert an appropriate signed notice similar to the following in a newspaper published in the municipality in which he desires to operate his business or in the newspaper published nearest to his […]
RS 26:78 – Content of application for permit; commissioner power as ex officio notary A. Applications for state and local permits to engage in any business or operation regulated by this Chapter shall be in writing and sworn to, and shall contain the full name of the applicant, his social security number, his federal employer […]
RS 26:79 – Submission of applications; delay All applications for state permits shall be mailed or delivered to the commissioner in Baton Rouge, Louisiana, and all applications for local permits shall be mailed or delivered to the respective local authorities. An applicant shall mail or deliver both his applications for state and local permits within […]
RS 26:80 – Qualifications of applicants for permits A. Applicants for state and local permits of all kinds shall demonstrate that they meet all of the following qualifications and conditions: (1) Be a person of good character and reputation and over eighteen years of age. In considering a person’s good character or reputation, the commissioner […]
RS 26:81 – Location of business limited A. No permit shall be granted under this Chapter in contravention of any municipal or parish ordinances adopted pursuant to the zoning laws of the state. B.(1) No permit shall be issued by the commissioner or by any municipality or parish to authorize any business in any subdivision […]
RS 26:82 – Issuance of wholesale permit A. No wholesale permit shall be issued or held after issuance by any person unless at all times he meets the standards set forth as follows: (1) Maintains warehouse space either owned or leased by the wholesaler, or dedicated to his use in a public warehouse, and: (a) […]
RS 26:83 – Interposed persons No permit shall be issued to any person who is an interposed person for the owner or proprietor of a business. The commissioner may require a full disclosure, in writing and under oath, of the details of the operation of any person it suspects of being interposed for another. The […]
RS 26:84 – Misstatement or suppression of fact in application Any misstatement or suppression of fact in an application or accompanying affidavit is a ground for denial of permit. Acts 1987, No. 696, §1.
