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ACT No. 69
Regular Session, 2014
HOUSE BILL NO. 460
BY REPRESENTATIVE ARNOLD
ALCOHOLIC BEVERAGES: Provides relative to mailing of official correspondence by
the office of alcohol and tobacco control
AN ACT1
To amend and reenact R.S. 26:87(A)(2), 98, 284(B), 295, and 919(A), relative to the office2
of alcohol and tobacco control; to provide with respect to the delivery of official3
correspondence from the commissioner of alcohol and tobacco control; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 26:87(A)(2), 98, 284(B), 295, and 919(A) are hereby amended and7
reenacted to read as follows: 8
§87. Procedure for determination to issue or withhold permit 9
A. The right to determine what persons shall or shall not be licensed under10
this Chapter shall be exercised in the following manner: 11
* * *12
(2) The commissioner shall investigate all applications for state permits and13
shall withhold the issuance of the permit where that action is justified under the14
provisions of this Chapter. The decision to withhold the permit shall be made within15
thirty-five calendar days of the filing of the application. Within that period, the16
commissioner shall notify in writing the municipal authority or parish governing17
authority, as the case may be, where the applicant has his place of business, that it18
is withholding the permit and shall give his reasons therefor. Upon receipt of this19
notice, the governing authorities of the municipality or parish, as the case may be,20 HLS 14RS-1097 ENROLLED
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shall withhold the issuance of the local permit. Within five calendar days of the1
decision to withhold the permit the commissioner shall notify the applicant in writing2
of the withholding of the permit and shall assign the reasons therefor. Such notice3
shall be either delivered to the applicant in person or sent to him by registered4
certified mail at the business mailing address given in his last application. When so5
addressed and mailed, it shall be conclusively presumed to have been received by the6
applicant.7
* * *8
§98. Notice of hearing by commissioner9
Whenever the commissioner is to hold a hearing pursuant to the provisions10
of this Part, he shall issue a written summons or notice thereof to the applicant or11
permittee, as the case may be, directing him to show cause why his application12
should not be refused or why his permit should not be suspended or revoked. The13
notice or summons shall state the time, place, and hour of the hearing, which shall14
be not less than ten nor more than thirty calendar days from the date of the notice.15
The notice or summons shall enumerate the cause or causes alleged for refusing the16
application or for suspending or revoking the permit. When a petition has been filed17
opposing the issuance of the permit or asking for its suspension or revocation, a copy18
of the petition shall accompany the notice or summons. All notices or summonses19
shall be either delivered to the applicant or permittee in person or sent by certified20
mail to the applicant or permittee and directed to him at the mailing address of his21
place of business as given in his last application for the permit. When so addressed22
and mailed, notices or summonses shall be conclusively presumed to have been23
received by the applicant or permittee. 24
* * *25
§284. Procedure for determination to issue or withhold permit26
The right to determine what persons shall or shall not be licensed under this27
Chapter shall be exercised in the following manner: 28
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B. The commissioner shall investigate all applications for state permits and1
shall withhold the issuance of a permit where that action is justified under the2
provisions of this Chapter. This action may be taken without a prior hearing except3
as provided in R.S. 26:80(F) and R.S. 26:280(F). The decision to withhold a state4
permit shall be made within thirty-five calendar days of the filing of an application.5
Within that period of time, the commissioner shall notify in writing the municipal6
authorities or parish governing authority, as the case may be, where the applicant has7
or was to have his place of business and shall specify the reasons for withholding the8
issuance of the state permit. Upon receipt of this notice, the municipal authorities9
or the parish governing authority shall withhold the issuance of the local permit.10
Within five calendar days of mailing the notice of withholding to the local11
authorities, the commissioner shall notify the applicant in writing of the withholding12
of the permit and shall assign reasons therefor. Such notice shall be either delivered13
to the applicant in person or sent to him by registered certified mail at the mailing14
address given in his last application for a state permit. When so addressed and15
mailed, it shall be conclusively presumed to have been received by the applicant. 16
* * *17
§295. Notice of hearing by commissioner18
Whenever the commissioner is to hold a hearing pursuant to the provisions19
of this Part, he shall issue a written summons or notice thereof to the applicant or20
permittee, as the case may be, directing him to show cause why his application21
should not be refused or why his permit should not be suspended or revoked. The22
notice or summons shall state the time, place, and hour of the hearing, which shall23
be not less than ten nor more than thirty calendar days from the date of the notice.24
The notice or summons shall enumerate the cause or causes alleged for refusing the25
application or for suspending or revoking the permit. When a petition has been filed26
opposing the issuance of the permit or asking for its suspension or revocation, a copy27
of the petition shall accompany the notice or summons. All notices or summonses28
shall be either delivered to the applicant or permittee in person or sent by certified29 HLS 14RS-1097 ENROLLED
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mail to the applicant or permittee and directed to him at the mailing address of his1
place of business as given in his last application for the permit. When so addressed2
and mailed, notices or summonses shall be conclusively presumed to have been3
received by the applicant or permittee. 4
* * *5
§919. Administrative hearings6
A. When the commissioner holds a hearing pursuant to this Chapter, he shall7
issue a written summons or notice to the applicant or permittee, as the case may be,8
directing him to show cause why his application should not be refused or why he9
should not be assessed a penalty or why his permit should not be suspended or10
revoked. The notice or summons shall state the time, place, and hour of the hearing,11
which shall be not less than ten nor more than thirty calendar days from the day of12
the notice. The notice or summons shall enumerate the cause or causes alleged for13
refusing the application or for assessing the penalty or suspending or revoking the14
permit. If a petition has been filed opposing the issuance of the permit or asking for15
its suspension or revocation, a copy of the petition shall accompany the notice or16
summons. All notices or summonses shall be either delivered to the applicant or17
permittee in person or sent by certified mail to the applicant or permittee and18
directed to him at the mailing address of his place of business as given in his last19
application for the permit. When so addressed and mailed, notices or summonses20
shall be presumed to have been received by the applicant or permittee.21
* * *22
Section 2. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 HLS 14RS-1097 ENROLLED
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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)]
Arnold HB No. 460
Abstract: Provides that official correspondence from the commissioner of alcohol and
tobacco control may be delivered in person or by certified mail.
Present law requires official correspondence sent by the office of alcohol and tobacco
control to be delivered in person in some cases or by registered or certified mail to the
applicant or permittee at his business address in other cases.
Proposed law authorizes the correspondence to be delivered in person or by certified mail.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 26:87(A)(2), 98, 284(B), 295, and 919(A))