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Regular Session, 2014
SENATE BILL NO. 100
BY SENATOR MORRELL
REVENUE DEPARTMENT. Provides relative to mailing of official correspondence by the
office of alcohol and tobacco control. (gov sig)
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 for the mailing of alcoholic beverage and3
tobacco notices and summons to applicants or permittees; and to provide for related4
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 SB NO. 100
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authority, as the case may be, where the applicant has his place of business, that it1
is withholding the permit and shall give his reasons therefor. Upon receipt of this2
notice, the governing authorities of the municipality or parish, as the case may be,3
shall withhold the issuance of the local permit. Within five calendar days of the4
decision to withhold the permit the commissioner shall notify the applicant in writing5
of the withholding of the permit and shall assign the reasons therefor. Such notice6
shall be either delivered to the applicant in person or sent to him by registered7
certified mail at the business mailing address given in his last application. When8
so addressed and mailed, it shall be conclusively presumed to have been received by9
the applicant.10
* * *11
§98. Notice of hearing by commissioner12
Whenever the commissioner is to hold a hearing pursuant to the provisions13
of this Part, he shall issue a written summons or notice thereof to the applicant or14
permittee, as the case may be, directing him to show cause why his application15
should not be refused or why his permit should not be suspended or revoked. The16
notice or summons shall state the time, place, and hour of the hearing, which shall17
be not less than ten nor more than thirty calendar days from the date of the notice.18
The notice or summons shall enumerate the cause or causes alleged for refusing the19
application or for suspending or revoking the permit. When a petition has been filed20
opposing the issuance of the permit or asking for its suspension or revocation, a copy21
of the petition shall accompany the notice or summons. All notices or summonses22
shall be either delivered to the applicant or permittee in person or sent by23
certified mail to the applicant or permittee and directed to him at the mailing address24
of his place of business as given in his last application for the permit. When so25
addressed and mailed, notices or summonses shall be conclusively presumed to have26
been received by the applicant or permittee.27
* * *28
§284. Procedure for determination to issue or withhold permit29 SB NO. 100
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The right to determine what persons shall or shall not be licensed under this1
Chapter shall be exercised in the following manner:2
* * *3
B. The commissioner shall investigate all applications for state permits and4
shall withhold the issuance of a permit where that action is justified under the5
provisions of this Chapter. This action may be taken without a prior hearing except6
as provided in R.S. 26:80(F) and R.S. 26:280(F). The decision to withhold a state7
permit shall be made within thirty-five calendar days of the filing of an application.8
Within that period of time, the commissioner shall notify in writing the municipal9
authorities or parish governing authority, as the case may be, where the applicant has10
or was to have his place of business and shall specify the reasons for withholding the11
issuance of the state permit. Upon receipt of this notice, the municipal authorities12
or the parish governing authority shall withhold the issuance of the local permit.13
Within five calendar days of mailing the notice of withholding to the local14
authorities, the commissioner shall notify the applicant in writing of the withholding15
of the permit and shall assign reasons therefor. Such notice shall be either delivered16
to the applicant in person or sent to him by registered certified mail at the mailing17
address given in his last application for a state permit. When so addressed and18
mailed, it shall be conclusively presumed to have been received by the applicant.19
* * *20
§295. Notice of hearing by commissioner21
Whenever the commissioner is to hold a hearing pursuant to the provisions22
of this Part, he shall issue a written summons or notice thereof to the applicant or23
permittee, as the case may be, directing him to show cause why his application24
should not be refused or why his permit should not be suspended or revoked. The25
notice or summons shall state the time, place, and hour of the hearing, which shall26
be not less than ten nor more than thirty calendar days from the date of the notice.27
The notice or summons shall enumerate the cause or causes alleged for refusing the28
application or for suspending or revoking the permit. When a petition has been filed29 SB NO. 100
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opposing the issuance of the permit or asking for its suspension or revocation, a copy1
of the petition shall accompany the notice or summons. All notices or summonses2
shall be either delivered to the applicant or permittee in person or sent by3
certified mail to the applicant or permittee and directed to him at the mailing address4
of his place of business as given in his last application for the permit. When so5
addressed and mailed, notices or summonses shall be conclusively presumed to have6
been received by the applicant or permittee.7
* * *8
§919. Administrative hearings9
A. When the commissioner holds a hearing pursuant to this Chapter, he shall10
issue a written summons or notice to the applicant or permittee, as the case may be,11
directing him to show cause why his application should not be refused or why he12
should not be assessed a penalty or why his permit should not be suspended or13
revoked. The notice or summons shall state the time, place, and hour of the hearing,14
which shall be not less than ten nor more than thirty calendar days from the day of15
the notice. The notice or summons shall enumerate the cause or causes alleged for16
refusing the application or for assessing the penalty or suspending or revoking the17
permit. If a petition has been filed opposing the issuance of the permit or asking for18
its suspension or revocation, a copy of the petition shall accompany the notice or19
summons. All notices or summonses shall be either delivered to the applicant or20
permittee in person or sent by certified mail to the applicant or permittee and21
directed to him at the mailing address of his place of business as given in his last22
application for the permit. When so addressed and mailed, notices or summonses23
shall be presumed to have been received by the applicant or permittee.24
* * *25
Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28
vetoed by the governor and subsequently approved by the legislature, this Act shall become29 SB NO. 100
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effective on the day following such approval.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells.
DIGEST
Morrell (SB 100)
Present law requires all official correspondence sent by the office of alcohol and tobacco
control to be delivered in person or by registered or certified mail to the applicant or
permittee at his business address.
Proposed law requires all official correspondence sent by the office of alcohol and tobacco
control to be either delivered to the applicant or permittee in person or sent by certified mail
to the applicant or permittee at the mailing address given on the last application or permit.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 26:87(A)(2), 98, 284(B), 295, and 919(A))