HLS 12RS-1171 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2012
HOUSE BILL NO. 502
BY REPRESENTATIVE WESLEY BISHOP
ALCOHOLIC BEVERAGE PERMT: Provides relative to the alcoholic beverage control
board in New Orleans
AN ACT1
To amend and reenact R.S. 33:4785(B), relative to certain procedures of the municipal2
alcoholic beverage control board created by the city of New Orleans; to provide3
relative to the applicability of the Administrative Procedure Act; and to provide for4
related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 33:4785(B) is hereby amended and reenacted to read as follows:10
ยง4785. Retail dealers in alcoholic beverages; suspension or revocation of permits11
* * *12
B. The city of New Orleans is hereby authorized to create a municipal13
alcoholic beverage control board. The board may suspend or revoke within the14
corporate limits, permits issued to retail dealers in beverages having an alcoholic15
content of more than six percent by volume for causes set forth in R.S. 26:88 and 89;16
and may suspend or revoke permits issued to such retail dealers in beverages having17
an alcoholic content of not more than six percent by volume for causes set forth in18
R.S. 26:285 and 286. The board shall be governed by the provisions of the19 HLS 12RS-1171 ORIGINAL
HB NO. 502
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Administrative Procedure Act unless the procedure is specifically established by R.S.1
33:4787 or 4788.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Wesley Bishop HB No. 502
Abstract: Eliminates the requirement that the alcoholic beverage control board in New
Orleans operate according to the Administrative Procedure Act (APA).
Present law, relative to retail dealers in alcoholic beverages, provides that the city of New
Orleans is authorized to create a municipal alcoholic beverage control board. Authorizes the
suspension or revocation of alcoholic beverage permits by the board.
Present law, the Administrative Procedure Act (APA), establishes procedures for
administrative adjudications, including notice, rules of evidence, and testimony. Present
law, relative to revocation or suspension of alcoholic beverage permits by local
governments, also provides procedures. Relative to the alcoholic beverage control board in
New Orleans, present law provides that the board is governed by the APA unless otherwise
provided by present law.
Proposed law removes the requirement that the board be governed according to the APA
unless otherwise provided by present law.
(Amends R.S. 33:4785(B))