§ 10-77. Additional causes for suspension or revocation; fines.

(a)

In addition to any other causes enumerated in this article, the city may suspend or revoke any permit for any of the following causes:

(1)

If there was any misstatement or suppression of fact in the application for the permit, or if the tap marker misrepresents the brand of low alcoholic beverage being drawn from the container as filled by the manufacturer.

(2)

If the permit was granted to any person who is or has been engaged in the business of dealing in beverages of low alcoholic content with a person whose application for a permit has been denied or whose permit has been revoked, in the relationship of spouse, agent, partner, employer, employee or interposed person.

(3)

If the permittee has been found guilty by the mayor, municipal or city court, justice of the peace court, or district court, as the case may be, of any of the following offenses:

a.

Violation of the Sunday closing law (R.S. 51:191 et seq.).

b.

Violation of any municipal or parish or other ordinance providing for Sunday closing hours.

c.

Violation of any municipal or parish ordinance relating to beverages of low alcoholic content enacted pursuant to R.S. 26:493, if the ordinance provides for revocation of the permit for its violation.

(4)

If any retail dealer fails to pay any excise taxes due by any regulated business to any parish or municipality.

(5)

If after ten days of being issued a wholesale dealer's permit, the permittee fails to meet all of the qualifications and requirements of a wholesale dealer as defined in R.S. 26:241(16).

(6)

If a wholesale dealer fails to comply with R.S. 26:359.

(7)

If a wholesale dealer sells to a person other than a licensed retail dealer or licensed wholesaler, or for delivery beyond the borders of the state to a licensed dealer in that state.

(8)

If the applicant or any of the persons who must possess the same qualifications failed to possess the qualifications required in R.S. 26:280 at the time of application or fails to maintain such qualifications during the licensed year.

(9)

If any person engaged in business as a brewer, manufacturer or other producer, or as an importer or wholesaler of malt beverages or malt liquors, directly or indirectly or through an affiliate:

a.

Requires, by agreement or otherwise, that any retail dealer engaged in the sale of malt beverages or malt liquors, purchase any such products from such persons to the exclusion, in whole or in part, of competing brands of malt beverages or malt liquors sold or offered for sale by other persons; or

b.

Induces, through any of the following means, any retail dealer engaged in the sale of malt beverages or malt liquors, to purchase any such products from such person to the exclusion, in whole or in part, of malt beverages or malt liquors sold or offered for sale by other persons:

1.

By acquiring or holding, after the expiration of any existing license, any interest in any license with respect to the premises of the retail dealer;

2.

By acquiring any interest in real or personal property owned, occupied or used by the retail dealer in the conduct of his business;

3.

By furnishing, giving, renting, lending or selling to the retail dealer, any equipment, fixtures, signs, supplies, money, services or other thing of value, subject to such exceptions as the commissioner may by regulation prescribe, having due regard for public health, the quantity and value of articles involved, established trade customs not contrary to the public interest and the purposes of this subsection (a)(9);

4.

By paying or crediting the retail dealers for any advertising, display or distribution service;

5.

By guaranteeing any loan or the repayment of any financial obligation of the retail dealer;

6.

By extending to the retail dealer credit; or

7.

By requiring the retail dealer to take and dispose of a certain quota of any of such products.

c.

Requires, by agreement or otherwise, that any wholesale dealer engaged in the sale of malt beverages or malt liquors sell any such products to the retail dealer to the exclusion in whole or in part of any other retail dealer engaged in the sale of malt beverages or malt liquors.

d.

Induces, through any of the following means, any wholesale dealer engaged in the sale of malt beverages or malt liquors to sell any such products to the retail dealer to the exclusion, in whole or in part, of any other retail dealer engaged in the sale of malt beverages or malt liquors:

1.

By acquiring or holding, after the expiration of any existing license, any interest in any license with respect to the operation of the wholesale dealer; or

2.

By acquiring any interest in real or personal property owned, occupied or used by the wholesale dealer in the conduct of his business.

e.

Requires a wholesale dealer engaged in the sale of malt beverages or malt liquors to purchase merchandise, supplies or any other thing of value from the retail dealer as a condition for the retail dealer to purchase malt beverages or malt liquor from the wholesale dealer for sale at retail.

f.

Requires a wholesale dealer to furnish equipment, fixtures, signs, other promotional material, samples, supplies, services or other things of value as a condition for the retail dealer to purchase malt beverages or malt liquor from the wholesale dealer to offer for sale at retail.

The board may promulgate such rules and regulations as it deems necessary to carry out the provisions contained in subsections (a)(9)a—(a)(9)f of this section including, but not limited to, the authority to provide for exceptions if determined to be in the public interest and to be necessary to further the purposes provided for in this article.

(10)

If any person engaged in business as a retail dealer of malt beverages or malt liquors, directly or indirectly, or through an affiliate:

a.

Is involved in or in any way consents to engage in the purchase of malt beverages or malt liquors and sell any such products to the exclusion, in whole or in part, of malt beverages or malt liquors sold or offered for sale by other persons; or

b.

Accepts or gives any inducement through any of the following means from or to any person engaged in the sale of malt beverages or malt liquors, to purchase or sell any such products from or to such persons to the exclusion in whole or part of malt beverages or malt liquors sold or offered for sale by other persons by agreeing to allow a brewer, manufacturer, or other producer or importer, or wholesaler of malt beverages or malt liquors, directly or indirectly, or through an affiliate:

1.

To acquire or hold, after the expiration of any existing license, any interest in any license with respect to the premises of the retail dealer;

2.

To acquire any interest in real or personal property owned, occupied or used by the retail dealer in the conduct of his business;

3.

To furnish, give, rent, lend or sell to the retail dealer, any equipment, fixtures, signs, supplies, money, services or other thing of value, subject to such exceptions as the commissioner shall by regulation prescribe, having due regard for public health, the quantity and value of articles involved, established trade customs not contrary to the public interest and the purposes of this subsection (a);

4.

To pay or credit the retail dealer for any advertising, display or distribution service;

5.

To guarantee any loan or the repayment of any financial obligation of the retail dealer;

6.

To extend to the retail dealer credit; or

7.

To require the retail dealer to take and dispose of a certain quota of any of such products.

c.

Requires, by agreement or otherwise, that any wholesale dealer engaged in the sale of malt beverages or malt liquors sell any such products to the retail dealer to the exclusion, in whole or in part, of any other retail dealer engaged in the sale of malt beverages or malt liquors.

d.

Induces, through any of the following means, any wholesale dealer engaged in the sale of malt beverages or malt liquors to sell any such products to the retail dealer to the exclusion, in whole or in part, of any other retail dealer engaged in the sale of malt beverages or malt liquors:

1.

By acquiring or holding, after the expiration of any existing license, any interest in any license with respect to the operation of the wholesale dealer; or

2.

By acquiring any interest in real or personal property owned, occupied or used by the wholesale dealer in the conduct of his business.

e.

Requires a wholesale dealer engaged in the sale of malt beverages or malt liquors to purchase merchandise, supplies or any other thing of value from the retail dealer as a condition for the retail dealer to purchase malt beverages or malt liquor from the wholesale dealer for sale at retail.

f.

Requires a wholesale dealer to furnish equipment, fixtures, signs, other promotional material, samples, supplies, services or other things of value as a condition for the retail dealer to purchase malt beverages or malt liquor from the wholesale dealer to offer for sale at retail.

The board may promulgate such rules and regulations as he deems necessary to carry out the provisions contained in subsections (a)(10)a—(a)(10)f of this section including, but not limited to, the authority to provide for exceptions if determined to be in the public interest and to be necessary to further the purposes provided for in this article.

(11)

If the permittee, or his agent or employee, allows the placement, operations or play of a video draw poker device upon the licensed premises in violation of provisions of R.S. 27:301 et seq.

(12)

If any wholesaler participates in any marketing or catalog program offering prizes or credits or anything of value to a retail dealer based on volume of purchases from the wholesale dealer or volume of sales to the public. Nothing in this subsection (a)(12) shall be construed to prohibit those marketing or catalog programs sponsored by breweries through retail dealers offering prizes or credits or anything of value to the public nor those price promotional sales conducted as a business incentive.

(13)

If any permittee, or his agent, associate, employee, representative or servant substitutes one brand of alcoholic beverage for a brand that has been specifically requested by a customer without the consent of the customer for the substitution. For the purposes of this subsection (a)(13) the word "brand" means a kind, grade, make or class of alcoholic beverage identified as being the product of a single manufacturer by a stamp, trademark, logo or name. In addition to the penalties set forth in this article, the permittee may be liable in civil suit to the customer and to the wholesale dealer and manufacturer or brewer of the requested alcoholic beverage for damages which result from the substitution. The court shall award the prevailing party in such an action reasonable attorney fees and costs.

(14)

If, without a proper license, a retailer allows any person to consume any alcoholic beverage on the licensed premises or on any parking lot or open or closed space within or contiguous to the licensed premises.

(b)

In addition to any other causes enumerated in this article, the city shall suspend or revoke any permit if any retail dealer fails to pay any sales taxes due to the state.

(c)

No retail dealer or any person or entity which owns or controls, directly or indirectly, any premises on which a retail dealer operates shall require a wholesaler of such beverages to obtain a license or permit, whether or not accompanied by a fee, from a retailer or any person or entity which owns or controls, directly or indirectly, any premises on which a retail dealer operates for the privilege of soliciting for sale or selling alcoholic beverages to the retailer. For purposes of this subsection, fees shall not mean allowances, incentives or any other recognized market practices.

(Code 1958, § 3-18)

State law reference

Revocation of permit, R.S. 33:4785 et seq.