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Ordinance 1687

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ORDINANCE NO. 1687 OF 2016ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF RUSTON, LOUISIANA, RELATING TO ALCOHOLIC BEVERAGES
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RUSTON, LOUISIANA:
1. Sec. 5-1 of the Code of Ordinances of the City of Ruston, Louisiana is amended to provide as follows:
Sec. 5-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Restaurant establishment means an establishment:
(1) Which operates a place of business whose purpose and primary function is to take orders for and serve food and food items and;
(2) Which serves alcoholic beverages in conjunction with meals and;
(3) Which is capable of serving food through the taking of orders, preparing and serving any and all menu items during all hours of operation, except that after 10:00 p.m. must be capable of serving all items from the menu or only items from the appetizer or starter section of the menu and;
(4) Which has a minimum seating capacity for 40 patrons to be served at tables and;
(5) Which maintains separate sales figures on alcoholic beverages and upon review of a monthly compilation of said sales figures, sales of alcoholic beverages are less than that of sales of food items; and
(6) Which operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.
2. Sec. 5-3(a) of the Code of Ordinances of the City of Ruston, Louisiana is amended to provide as follows:
Sec. 5-3. Closing hours.
(a) Between the hours of 2:00 a.m. and 10:00 a.m. each day, it shall be unlawful for any retail dealer which is a restaurant establishment to sell, offer to sell, dispense or give away any beverages of either low or high alcoholic content within the city.
3. Sec. 5-4 of the Code of Ordinances of the City of Ruston, Louisiana is amended to provide as follows:
Sec. 5-4. Prohibition of the possession of alcoholic beverages in public places.
It shall be unlawful for any person to possess any alcoholic beverage in the city in any “open container” on any parking lots, streets, sidewalks, or and other public places as defined herein, except (i) during special city approved community events as to which a special event permit has been issued by the city and only within the area specified in the permit, or (ii) on the portions of a sidewalk adjacent to a restaurant establishment which beverage has been served to a patron of the restaurant establishment seated at a table of the restaurant establishment who has ordered a food item from the menu of the restaurant establishment, and otherwise in compliance with Sec. 3.1.14 of the Zoning Code.
4. Sec. 5-20 of the Code of Ordinances of the City of Ruston, Louisiana is amended to provide as follows:
Sec. 5-20. - Administrative issuance.
Upon the application for a permit as provided in this article, the mayor, after a proper investigation by the mayor, or his designee, including consultation with the chief of police or his designees, may issue the permit when it meets all of the requirements of this article and other applicable laws. However, if the mayor, or his designee, denies the application or refuses to take action on such application within thirty (30) days of receipt of the application, such action or inaction shall be final, subject only to review by the court as provided in the Louisiana Alcohol and Tobacco Control Law.
5. Sec. 5-22 of the Code of Ordinances of the City of Ruston, Louisiana is amended by amending section (d) and adding section (e) to provide as follows:
Sec. 5-22. Qualifications of applicant.
(d) If the applicant is a limited liability company, all managers and all members owning in the aggregate, more than five percent of the interest of the limited liability company and the person or persons who shall conduct or manage the business shall possess the qualifications required of an applicant, to be shown by the affidavit of each accompanying the application. However, the requirements as to citizenships and residents do not apply to managers or members of limited liability companies applying for retail permits only. The limited liability company shall be either organized under the laws of the state of qualified to do business within the state.
(e) If the applicant's business is to be conducted, in whole or in part, by one or more managers, agents, servants, employees or other representatives, such persons shall also possess the qualifications required of the applicant in subsection (a) of this section, and shall furnish their social security numbers and correct home addresses; however, convicted felons may be employed by an applicant if alcoholic beverages are not the principal commodities sold, handled or given away in the applicant's business.
6. Sec. 5-25(b) of the Code of Ordinances of the City of Ruston, Louisiana is amended to provide as follows:
Sec. 5-25. Permit fees; definitions.
(b) Definitions. For purposes of this section, “restaurant establishment” shall be defined as an establishment:
(1) Which operates a place of business whose purpose and primary function is to take orders for and serve food and food items and;
(2) Which serves alcoholic beverages in conjunction with meals and;
(3) Which is capable of serving food through the taking of orders, preparing and serving any and all menu items during all hours of operation, except that after 10:00 p.m. must be capable of serving all items from the menu or only items from the appetizer or starter section of the menu and;
(4) Which has a minimum seating capacity for 40 patrons to be served at tables and;
(5) Which maintains separate sales figures on alcoholic beverages and upon review of a monthly compilation of said sales figures, sales of alcoholic beverages are less than that of sales of food items; and
(6) Which operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises.
7. Sec. 5-27 of the Code of Ordinances of the City of Ruston, Louisiana is amended to provide as follows:
Sec. 5-27. - Transferability and inheritability.
(a) Permits issued under this article are personal and shall not be transferable, assignable, or heritable. The permit must be returned to the City Treasurer within five days of closure, when the ownership of the business is transferred or the business is terminated.
(b) When the ownership of the business is transferred, the new owner shall be allowed to continue to operate using the transferor's permit until a new permit is issued or denied, if the new owner notifies the City Treasurer of the transfer within five days of the transfer and applies for a new alcoholic beverage permit from the City within fifteen days of the transfer of ownership. If the permit holder is a corporation or limited liability company, the permit holder shall notify the City Treasurer of any changes in the officers, directors, managers, shareholders, members, or persons previously qualified to conduct or manage the business within fifteen days of the date of such changes. The notification shall include the suitability documents and information for each new individual required to possess the qualifications of the applicants. However, in the event of the dissolution of a partnership by death, the surviving partner or partners may operate under the partnership permit. The City Treasurer shall be notified of any changes to the licensed business premises which increase or decrease the previously approved licensed business premises prior to any such changes.
8. Sec. 5-31(a) of the Code of Ordinances of the City of Ruston, Louisiana is amended to provide as follows:
Sec. 5-31. - Acts prohibited on premises; suspension or revocation of permits.
(a) Any person holding a retail dealers permit under this article, and his servant, agent or employee, shall not do any of the following acts upon the licensed premises:
(14) Permit any person to enter or leave the premises with an opened alcoholic beverage container of any kind, except as provided in the exceptions set forth in Sec. 5-4.
(16) If the retail dealer holds an AR permit, no alcoholic beverages can be possessed for consumption or consumed on the premises between the hours of 2:15 a.m. and 10:00 a.m.
9. Sec. 5-33 of the Code of Ordinances of the City of Ruston, Louisiana is amended to provide as follows:
Sec. 5-33. - Authority to grant, refuse, suspend or revoke alcoholic beverage permits.
The mayor shall have the authority to grant, refuse, suspend, or revoke permits for the sale, storage and warehousing of beer or other alcoholic beverage.
10. Sec. 5-34(a) of the Code of Ordinances of the City of Ruston, Louisiana is amended to provide as follows:
Sec. 5-34. - Administration of alcoholic beverage laws.
(a) The mayor shall administer the laws governing alcoholic beverages as enacted by the State of Louisiana and the City of Ruston.
11. Sec. 5-35 of the Code of Ordinances of the City of Ruston, Louisiana is amended to provide as follows:
Sec. 5-35. - Revocation or suspension hearings; dispositions.
The mayor, or his designee, is vested with the authority to conduct hearings on revocation or suspension of alcoholic beverage permits issued under this chapter. The mayor, or his designee, is vested with full and complete power to investigate charges against any permit holder who is cited to appear and show cause why his and/or its permit should not be suspended or revoked for the violation of the provisions of this chapter or the provisions of the Louisiana Alcohol and Tobacco Control Law. Complaints filed against any permit holder for the purpose of suspending or revoking such permit shall be made in writing and filed with the mayor. When the mayor has reason to believe that any permit holder has violated any of the provisions of this chapter or any of the provisions of the Louisiana Alcohol and Tobacco Control Law, the mayor, or his designee, is authorized, in his discretion, to notify the permittee of said violation(s) and to cite said permittee by written notice to appear and show cause why its permit should not be suspended or revoked for said violation(s). Said notice to appear and show cause shall state the alleged violations charged and shall be served upon the permittee either by certified mail or by a member of the Ruston Police Department. The notice shall be served on the permittee at least ten days before the date of hearing. At the hearing, the mayor, or his designee, shall publicly hear the evidence both in support of the charges and on behalf of the permittee. After such hearing, if the charges are sustained by the evidence the mayor, or his designee, may, in his discretion suspend or revoke said permit. The action of the mayor, or his designee, in all such hearings shall be final, subject only to review by the court as provided in the Louisiana Alcohol and Tobacco Control Law. When a permit is revoked, no new permit shall be issued hereunder for the sale of alcoholic beverages at the same location, until the expiration of one year from the date said revocation becomes final. In the event, any person(s), firm, limited liability company, corporation, joint stock company, syndicate, or association has its alcohol permit revocated for a third time due to violations of the provisions of this chapter or the provisions of the Louisiana Alcohol and Tobacco Control Law, then that person, firm, limited liability company, corporation, joint stock company, syndicate, or association shall not be granted an alcoholic beverage permit under the provisions of this chapter until the expiration of three years from the date said revocation becomes final. If the mayor, or his designee, finds that the violation is of a minor nature or that there are extenuating circumstances, or that there are reasonable grounds to expect that the permittee will not again violate any of the provisions of this chapter or the State Alcohol and Tobacco Control Law, the mayor, or his designee, may suspend the permit for such time as he deems appropriate. The mayor, or his designee, shall retain jurisdiction to reopen cases at any time upon petition and for good cause shown may modify, revise or reverse his former findings and decisions in all such reopened cases shall be heard and determined under the same rules of procedure as the original cases.
12. All other Ordinances, or any parts thereof, which are in conflict with the provisions of this Ordinance are hereby repealed. To the extent that any provision or provisions of this Ordinance are inconsistent or in conflict with any other provision of the Code of Ordinances or any regulations of the City, the provisions of this Ordinance shall be deemed to control.
13. If any one or more of the provisions of this Ordinance shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Ordinance, but this Ordinance shall be construed and enforced as if such illegal or invalid provisions had not been contained herein. Any constitutional or statutory provision enacted after the date of this Ordinance which validates or makes legal one or more of the provisions of this Ordinance, shall be deemed to apply to this Ordinance. To this end, the provisions of this Ordinance are hereby declared severable.
14. This Ordinance shall become effective upon final adoption and publication of the same in the manner prescribed by law or on September 1, 2016, whichever last occurs.
This Ordinance was introduced on July 11, 2016, by Alderman Jedd Lewis and Alderwoman Angela Mayfield, Notice of Public Hearing was published on July 15, 2016, and said public hearing having been held, the title having been read and the Ordinance considered, on motion to adopt by Alderman Jedd Lewis, and second by Alderwoman Carolyn Cage, a record vote was taken and the following result was had:
YEA: ALDERWOMAN CAROLYN ELMORE CAGE
ALDERMAN JEDD LEWIS
ALDERWOMAN ANGELA R. MAYFIELD
NAY: ALDERMAN JIM PEARCE
ALDERMAN BRUCE SIEGMUND
ABSENT: NONE
WHEREUPON, the presiding officer declared the above Ordinance duly adopted on the 1st day of August, 2016.
ATTEST:
EMMETT GIBBS, CLERK
RONNY WALKER, MAYOR
1td: August 5, 2016

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