Louisiana 2012 Regular Session

Louisiana House Bill HB858

Introduced
3/2/12  

Caption

Provides relative to alcoholic beverage permits in New Orleans

Impact

The legislative change proposed by HB 858 would significantly impact the regulatory framework surrounding alcoholic beverages in New Orleans. By granting the control board the authority to impose a 90-day suspension, the bill aims to provide a more flexible and prompt response to potentially dangerous situations. This could streamline actions taken against establishments that may violate health and safety standards, thereby enhancing the municipality's ability to ensure public safety in the face of immediate threats.

Summary

House Bill 858 seeks to amend existing laws governing alcoholic beverage permits in New Orleans by allowing the New Orleans Alcoholic Beverage Control Board to suspend a beverage outlet license for up to 90 days without a prior hearing when a situation poses a danger to health, welfare, or safety. This amendment creates an exception to the current requirement of holding a hearing and obtaining a majority vote from the municipal governing body before such a suspension can occur. The bill aims to enable quicker action in response to immediate public safety concerns related to alcohol sales.

Sentiment

The general sentiment around HB 858 appears to be focused on balancing the need for public safety with the rights of business owners. Supporters of the bill may argue that the expedience of enforcing this regulatory power is necessary in a city like New Orleans, known for its vibrant nightlife and associated risks. Conversely, there may be concerns from some members of the community or business sector regarding the implications of potentially facing a suspension without a hearing, seeing it as a possible overreach of authority that could harm businesses without due process.

Contention

Notable points of contention regarding HB 858 could center around the due process afforded to alcohol business owners facing license suspensions. Critics might express fears that preemptively suspending licenses undermines the fundamental right to a hearing before punitive actions are taken. This could particularly resonate with stakeholders who feel that the enforcement of such measures should not impede the operation of businesses without just cause, indicating a tension between regulatory urgency and the preservation of civil liberties for business owners.

Companion Bills

No companion bills found.

Previously Filed As

LA HB502

Provides relative to the alcoholic beverage control board in New Orleans

LA HB141

Provides relative to fees for certain alcoholic beverage permits in the city of New Orleans

LA HB310

Provides relative to alcoholic beverage permits

LA SB192

Provides relative to holders of alcoholic retail dealer's permits for beverages of high and low alcoholic content. (gov sig)

LA HB508

Provides relative to delivery of alcoholic beverages

LA SB144

Provides relative to holders to alcoholic retail dealer's permits for beverages of high and low alcoholic content. (gov sig)

LA HB381

Provides relative to acts prohibited on permitted premises under the Alcoholic Beverage Control Law

LA HB829

Provides relative to alcoholic beverage delivery

LA HB275

Provides relative to the delivery of alcoholic beverages

LA HB44

Provides relative to prohibiting alcoholic beverage sales during a COVID-19 health emergency (Item #35)

Similar Bills

No similar bills found.