§ 4-21. Same—Qualifications for certification; exceptions; appeal.

(a)

Each applicant for a certificate of qualification to dispense alcoholic beverages from behind the bar or to serve alcoholic beverages in a place licensed for on-the-premises consumption shall present to the mayor or his designee a photograph of himself the size designated by the mayor or his designee and shall be fingerprinted by the police department.

(b)

Each applicant shall pay to the director of finance, at the time of receiving his license, a fee to cover the cost of issuing such certificate. This permit shall be renewed annually, on December 1, with the approval of the chief of police upon his certification that all requirements of the provision of this chapter for a dispenser's or server's permit are met, and a renewal fee has been paid. The application fee and permit renewal fee shall be in amounts as established by the mayor and city council from time to time.

(c)

Each applicant for a certificate of qualification to dispense alcoholic beverages from behind a bar or to serve alcoholic beverages shall possess the following qualifications:

(1)

Is a person of good character and reputation and over 18 years of age.

(2)

Is a citizen of the United States and this state continuously for a period of not less than two years next preceding the date of the filing of the application.

(3)

Has not been convicted of a felony under the laws of the United States, this state or any other state or country.

(4)

Has not been convicted in this or in any other state by the United States or any other country of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of a juvenile, keeping a disorderly place or illegally dealing in narcotics.

(5)

Has not had a license or permit to sell or deal in alcoholic beverages, issued by the United States, any state or by any political subdivision of a state authorized to issue permits or licenses, revoked within one year prior to the application, or has been convicted or had a judgment of court rendered against him involving alcoholic beverages by this or any other state or by the United States for one year prior to the application.

(6)

Has not been adjudged by the board or convicted by a court of violating any of the provisions of R.S. 26.

(7)

Has not been convicted of violating any municipal or parish ordinances adopted pursuant to the provisions of R.S. 26:493.

(8)

Has not had a certificate of qualification to dispense alcoholic beverages from the bar or to serve alcoholic beverages issued by any other parish, municipality or state suspended or revoked.

(d)

The application for a certificate of qualification shall be in writing and sworn to and shall contain the full name and correct address of the applicant and shall include a sworn statement that he possesses the qualifications set forth in subsection (c) of this section.

(e)

The mayor or his designee may refuse to issue a certificate of qualification to dispense alcoholic beverages from the bar or to serve alcoholic beverages to any person who lacks any of the qualifications set forth in subsection (c) of this section or in the interest of the public health, safety and morals.

(f)

Any act or failure to act by any person certified to be qualified to dispense or to serve alcoholic beverages under the provision of this section which is a violation of this chapter shall subject such person to having his certificate to dispense alcoholic beverages from behind a bar or to serve alcoholic beverages suspended or revoked by the mayor and council.

(g)

Any person convicted of dispensing alcoholic beverages from a bar or serving without having a certificate of qualification to do so shall be subject to the penalty provided in section 1-9.

(h)

The holder of a permit to sell alcoholic beverages at a particular establishment may dispense alcoholic beverages from behind the bar at that establishment without having the certification of qualification required by this section.

(i)

New employees hired to dispense or serve alcoholic beverages shall be required to secure a certificate of qualification prior to the beginning of their employment.

(j)

Any person aggrieved by the decision of the mayor or his designee to refuse to issue, or to suspend or revoke, a certificate of qualification may take a devolutive appeal therefrom to the council within 15 days of written notification of the decision. The appeal must be taken by submitting a written request to the mayor or his designee. The mayor and council shall hear the appeal within 20 days of receipt of the notice of appeal by the mayor or his designee. The decision of the mayor or his designee shall be final unless appealed within the time and in the manner set forth.

(Code 1968, § 3-20.2; Ord. No. 2008-02, 4-10-2008)