Point Proven, LLC v. City of Monroe

214 So. 3d 912
CourtLouisiana Court of Appeal
DecidedJanuary 13, 2017
DocketNo. 51,074-CA, No. 51,075-CA
StatusPublished
Cited by1 cases

This text of 214 So. 3d 912 (Point Proven, LLC v. City of Monroe) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Point Proven, LLC v. City of Monroe, 214 So. 3d 912 (La. Ct. App. 2017).

Opinion

BROWN, CHIEF JUDGE.

| plaintiff, Point Proven, LLC, appeals from the trial court’s judgment that affirmed the City of Monroe’s denial of plaintiffs renewal application for an alcohol permit. We affirm.

Facts

In 1944, a bar was established at 1026 N. Sixth Street in Monroe, Louisiana, called Duffy’s Tavern, This is located in a residential/ commercial area. In the 1980’s, the business began to operate as a night club. In 2013, the club, now called Sixth Street Saloon (“the Saloon”), was sold to Point Proven, LLC. On May 23, 2013, the Monroe City Council (“the City”) held a meeting and one of the issues that they addressed was whether to grant Point Proven’s request for an alcohol permit.1 The City advised Point Proven that the previous owner had operated the club in a manner that upset local neighbors during the years of 2010 through 2012. The City admonished that Point Proven must take steps to clean up the club’s practices, or they would not renew the alcohol permit during the council’s next scheduled meeting in December 2013.

On December 23, 2013, the City had its scheduled hearing and voted not to renew Point Proven’s alcohol permit for 2014. At this hearing, the Monroe Chief of Police confirmed that a firearm had been discharged inside Sixth Street Saloon in July of 2013.2 Moreover, the City also reviewed a police report showing that a Monroe officer responded to a noise complaint 12against the Saloon. Subsequently, Point Proven filed a petition for damages and an appeal to the District Court.

Point Proven filed a motion for summary judgment. Point Proven argued that the City did not produce any evidence showing that Point Proven violated any of the provisions of the Louisiana Alcoholic Beverage Control Law. Therefore, Point Proven submitted that the City’s denial of its alcohol permit was arbitrary, capricious, improper and unlawful. The City responded that a de novo trial was necessary to complete discovery and to examine witnesses, specifically the local neighbors of the Saloon.

[914]*914On June 12, 2014, Point Proven and the City reached an agreement. The City agreed to issue Point Proven an alcohol permit subject to the following terms:

For the next sixth months. In December, 2014 when liquor permits are again authorized, the City of Monroe will issue the same permit to Point Proven, LLC ... For the year 2015, unless during the re-permitting process for 2015, it is found by the Monroe Police Department that the owner of the premises is not Otherwise Qualifíed as per applicable law. (Emphasis added).

In exchange, Point Proven agreed to address the City’s concerns. These steps included installing “double doors or other appropriate doors” to ensure its entrance was insulated, as was reasonably possible, to reduce any loud music. Additionally, Point Proven was required to employ no fewer than two private security guards to ensure against the possibility of drunk or disorderly patrons urinating in parking lots and residential neighboring yards and to ensure its patrons did not engage in acts of nudity or sexual activity inside the bar or its parking lot. The judgment further required Point Proven to ensure, through use of security guards, that there would be no unlawful | sparking by its patrons in neighboring yards within close proximity to the bar. Finally, Point Proven agreed to undertake a two-block litter pick-up on Saturday and Sunday mornings.

On December 22, 2015, the City held a meeting for 2016 renewals. The City received the testimony of the neighbors complaining of the loud noises coming from the Saloon, actions of rowdy patrons of the Saloon, and evidence that Point Proven was cited for selling alcoholic beverages to underage persons on two separate occasions. Point Proven admitted to the violations and that it complied with all penalties imposed. It noted that despite the violations, the Louisiana Office of Alcohol and Tobacco Control had granted the Saloon a state alcohol permit for 2016. After receiving evidence, the City voted against the renewal of the Saloon’s local alcohol permit. The following day, Point Proven filed a motion to enforce the consent agreement and for sanctions. Subsequently, Point Proven filed a petition for damages and devolutive appeal to the district court. By joint motion, these two cases were consolidated.

A de novo trial was held in the district court. Both the City and Point Proven called several witnesses to testify. After receiving all of the evidence, the trial court ruled in favor of the City. Point Proven has appealed from this adverse judgment.

Discussion

This matter is governed by La. R.S. 26:71, et seq.

Louisiana Revised Statute 26:76 provides that “Except as otherwise provided in this Subsection, permits (alcoholic beverages) are valid for only one year, unless expired, suspended, or revoked.”

| Louisiana Revised Statute 26:87(A)(1) provides in pertinent part:

(A) The right to determine what persons shall or shall not be licensed under this Chapter shall be exercised in the following manner:
(1) Municipal authorities and parish governing authorities shall, independently of the commissioner, investigate all applications filed with them for local permits, and shall withhold the issuance of a permit where that action is justified under the provisions of this Chapter. ...

At issue in this case is the denial/withholding of Point Proven’s renewal application for 2016. La. R.S. 26:88(C) provides that renewal permits may be with[915]*915held or denied on the same grounds and in the same manner as an original permit.

An appellate court generally reviews the factual findings of a trial court according to the manifest error standard of review. Powell v. Regional Transit Authority, 96-0715 (La. 06/18/97), 695 So.2d 1326. When there is evidence before the trier of fact which, upon its reasonable evaluation of credibility, furnishes a reasonable factual basis for the trial court’s finding, on review the appellate court should not disturb this factual finding in the absence of manifest error. Id

Louisiana Revised Statute 26:94 states that no permit shall be withheld, suspended, or revoked except for causes specified in this Chapter.

Moreover, these provisions clearly envision a difference between the withholding and the suspension or revocation of a liquor permit. The City |5did not vote to suspend or revoke Point Proven’s liquor permit; here, the City voted to deny/withhold Point Proven’s liquor permit.3

Louisiana Revised Statute 26:88(B) states:

[A]ny dealer whose application for renewal is filed before the date established by the commissioner may continue business until issuance of the new permit, under the previous permit if it has not been suspended or revoked or the new permit withheld or denied. (Emphasis added).

In considering the grounds for withholding or denying a permit, La. R.S. 26:88(C) states that renewal permits may be withheld or denied on the same grounds and in the same manner as an original permit. Therefore, this matter is specifically governed by La. R.S. 26:80, which deals with the qualifications of applicants for permits. See also La. R.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
214 So. 3d 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/point-proven-llc-v-city-of-monroe-lactapp-2017.