ENROLLED
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ACT No. 69
Regular Session, 2014
HOUSE BILL NO. 460
BY REPRESENTATIVE ARNOLD
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
shall withhold the issuance of the local permit. Within five calendar days of the21
decision to withhold the permit the commissioner shall notify the applicant in writing22
of the withholding of the permit and shall assign the reasons therefor. Such notice23
shall be either delivered to the applicant in person or sent to him by registered24 ENROLLEDHB NO. 460
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certified mail at the business mailing address given in his last application. When so1
addressed and mailed, it shall be conclusively presumed to have been received by the2
applicant.3
* * *4
§98. Notice of hearing by commissioner5
Whenever the commissioner is to hold a hearing pursuant to the provisions6
of this Part, he shall issue a written summons or notice thereof to the applicant or7
permittee, as the case may be, directing him to show cause why his application8
should not be refused or why his permit should not be suspended or revoked. The9
notice or summons shall state the time, place, and hour of the hearing, which shall10
be not less than ten nor more than thirty calendar days from the date of the notice.11
The notice or summons shall enumerate the cause or causes alleged for refusing the12
application or for suspending or revoking the permit. When a petition has been filed13
opposing the issuance of the permit or asking for its suspension or revocation, a copy14
of the petition shall accompany the notice or summons. All notices or summonses15
shall be either delivered to the applicant or permittee in person or sent by certified16
mail to the applicant or permittee and directed to him at the mailing address of his17
place of business as given in his last application for the permit. When so addressed18
and mailed, notices or summonses shall be conclusively presumed to have been19
received by the applicant or permittee. 20
* * *21
§284. Procedure for determination to issue or withhold permit22
The right to determine what persons shall or shall not be licensed under this23
Chapter shall be exercised in the following manner: 24
* * *25
B. The commissioner shall investigate all applications for state permits and26
shall withhold the issuance of a permit where that action is justified under the27
provisions of this Chapter. This action may be taken without a prior hearing except28
as provided in R.S. 26:80(F) and R.S. 26:280(F). The decision to withhold a state29
permit shall be made within thirty-five calendar days of the filing of an application.30 ENROLLEDHB NO. 460
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Within that period of time, the commissioner shall notify in writing the municipal1
authorities or parish governing authority, as the case may be, where the applicant has2
or was to have his place of business and shall specify the reasons for withholding the3
issuance of the state permit. Upon receipt of this notice, the municipal authorities4
or the parish governing authority shall withhold the issuance of the local permit.5
Within five calendar days of mailing the notice of withholding to the local6
authorities, the commissioner shall notify the applicant in writing of the withholding7
of the permit and shall assign reasons therefor. Such notice shall be either delivered8
to the applicant in person or sent to him by registered certified mail at the mailing9
address given in his last application for a state permit. When so addressed and10
mailed, it shall be conclusively presumed to have been received by the applicant. 11
* * *12
§295. Notice of hearing by commissioner13
Whenever the commissioner is to hold a hearing pursuant to the provisions14
of this Part, he shall issue a written summons or notice thereof to the applicant or15
permittee, as the case may be, directing him to show cause why his application16
should not be refused or why his permit should not be suspended or revoked. The17
notice or summons shall state the time, place, and hour of the hearing, which shall18
be not less than ten nor more than thirty calendar days from the date of the notice.19
The notice or summons shall enumerate the cause or causes alleged for refusing the20
application or for suspending or revoking the permit. When a petition has been filed21
opposing the issuance of the permit or asking for its suspension or revocation, a copy22
of the petition shall accompany the notice or summons. All notices or summonses23
shall be either delivered to the applicant or permittee in person or sent by certified24
mail to the applicant or permittee and directed to him at the mailing address of his25
place of business as given in his last application for the permit. When so addressed26
and mailed, notices or summonses shall be conclusively presumed to have been27
received by the applicant or permittee. 28
* * *29 ENROLLEDHB NO. 460
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§919. Administrative hearings1
A. When the commissioner holds a hearing pursuant to this Chapter, he shall2
issue a written summons or notice to the applicant or permittee, as the case may be,3
directing him to show cause why his application should not be refused or why he4
should not be assessed a penalty or why his permit should not be suspended or5
revoked. The notice or summons shall state the time, place, and hour of the hearing,6
which shall be not less than ten nor more than thirty calendar days from the day of7
the notice. The notice or summons shall enumerate the cause or causes alleged for8
refusing the application or for assessing the penalty or suspending or revoking the9
permit. If a petition has been filed opposing the issuance of the permit or asking for10
its suspension or revocation, a copy of the petition shall accompany the notice or11
summons. All notices or summonses shall be either delivered to the applicant or12
permittee in person or sent by certified mail to the applicant or permittee and13
directed to him at the mailing address of his place of business as given in his last14
application for the permit. When so addressed and mailed, notices or summonses15
shall be presumed to have been received by the applicant or permittee.16
* * *17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: