COUNCIL PROCEEDINGS OF THE CITY OF SHREVEPORT, LOUISIANA

AUGUST 22, 2000

The regular meeting of the City Council of the City of Shreveport, State of Louisiana, was called to order by Chairman Patricia Spigener at 3:15 p.m.,Tuesday, August 22, 2000, in the Council Chamber of City Hall, 1234 Texas Avenue.

Invocation was given by Councilman Carmody.

On roll call, the following members were present: Councilmen Huckaby, Stewart (arrived at 3:23) Carmody, Serio, Spigener, Shyne (3:18) and Burrell (3:20). 7. Absent: None.

Motion by Councilman Serio, seconded by Councilman Huckaby for approval of the Summary Minutes of the Administrative Conference of August 7, 2000, the Minutes of the Regular Meeting of August 8, 2000 and the Agenda As Amended on August 21, 2000. Motion approved by the following vote: Councilmen Huckaby, Carmody, Serio, and Spigener. 4. Nays: None. Absent: Councilmen Stewart, Shyne and Burrell. 3.

Awards, Recognition of Distinguished Guests and Communications of the Mayor Which Are Required by Law. None.

Public Hearing: None.

Confirmations and/or Appointments: None.

The Council considered the CONSENT AGENDA legislation.

INTRODUCTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Burrell, seconded by Councilman Serio for Introduction of the Resolutions on the Consent Agenda not to be adopted prior to September 12, 2000. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Spigener, Burrell and Shyne. 5. Nays: None. Did Not Cast A Vote: Councilman Serio. 1. Out of Chamber: Councilman Stewart. 1.

INTRODUCTION OF RESOLUTIONS:

Resolution No. 163 of 2000: A resolution authorizing the Mayor to sign an agreement between the City of Shreveport and KPMG for an external audit of the City of Shreveport for fiscal year January 1, 2000 through December 31, 2000 and otherwise providing with respect thereto.

Resolution No. 164 of 2000: A resolution ratifying the signature of the Mayor signature on a grant application to the LA Commission on Law Enforcement, authorizing him to execute any and all documents in connection therewith, and otherwise with respect thereto.

Resolution No. 165 of 2000: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and New Century Properties, L.L.C. for water and sewer main serving Long Lake Estates, Unit #12 (Tuscany Circle) and otherwise providing with respect thereto.

Resolution No. 166 of 2000: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and Dean and Collins builders, Inc. for water and sewer and water main extensions serving Rose Hollow Subdivision Phase 1 and otherwise providing with respect thereto.

Resolution No. 167 of 2000: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and W. R. Properties, L.L.C. for water and sewer mains serving Willow Ridge at Stone Lakes, Unit No. 2 and the Hidden Falls Drive and otherwise providing with respect thereto.

Resolution No. 168 of 2000: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and Burgundy Oaks, L.L.C. for water and sewer mains serving Burgundy Oaks Subdivision, Unit 7 and otherwise providing with respect thereto.

Resolution No. 169 of 2000: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and Southern Home Builders, Inc. for the sanitary sewer and water main extensions to serve Kings Pointe Subdivision Phase 1 and otherwise providing with respect thereto.

Resolution No. 170 of 2000: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and Richard Lennard, Developer, for a 10" water main extension in right-of-way of McCarey and Paxton Road and otherwise providing with respect thereto.

Resolution No. 171 of 2000: A resolution authorizing the Mayor to execute a Donation Agreement between the City of Shreveport and Brian Alan Sugar and Frances J. Sugar Hurwitz for water and sewer main serving Bob Post Chrysler at Brook Hollow and Bert Kouns and otherwise providing with respect thereto.

INTRODUCTION OF ORDINANCES:

Motion by Councilman Shyne, seconded by Councilman Burrell for Introduction of the Ordinances on the Consent Agenda not to be adopted prior to September 12, 2000. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Serio, Spigener, Burrell and Shyne. 6. Nays: None. Out of Chamber: Councilman Stewart. 1.

Ordinance No. 129 of 2000: An ordinance closing and abandoning the 5500 block of the McAlpine Street dedication running between Murvon and Murrow Streets in the Murvon Subdivision, and to otherwise provide with respect thereto.

Ordinance No. 130 of 2000: An ordinance closing and abandoning a portion of James Street in the Idlewilde Subdivision, and to otherwise provide with respect thereto.

ADOPTION OF RESOLUTIONS AND ORDINANCES ON CONSENT:

Motion by Councilman Burrell, seconded by Councilman Huckaby for Adoption of the Resolutions and Ordinances on the Consent Agenda. Motion approved by the following vote: Ayes: Councilmen Huckaby, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: None. Out of Chamber: Councilman Stewart. 1.

RESOLUTION NO. 151 of 2000

A RESOLUTION AUTHORIZING NGUYET NHAN, & JIM LEE ONG , LOCATED AT 10865 NORRIS FERRY RD., TO CONNECT TO THE WATER SYSTEM OF THE CITY OF SHREVEPORT AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, Nguyet Nhan,& Jim Lee Ong, have agreed to secure all permits and inspections required by the Shreveport Comprehensive Building Code. Said party having submitted a petition for annexation to the City of Shreveport, and having agreed to fully comply with the regulations of the City of Shreveport in connection with said property, all as set forth in Section 94-1, et. Seq., of the Shreveport City Code. Said request and petition are attached hereto.

BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened, that Nguyet, & Jim Lee Ong, be authorized to connect the building located at 10865 Norris Ferry Rd., to the water system of the City of Shreveport.

BE IT FURTHER RESOLVED that if any provisions or items of this resolution or the application thereof are held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications, and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED that resolutions or parts thereof in conflict herewith are hereby repealed.

RESOLUTION NO. 152 OF 2000

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SOUTH CENTRAL REGION WATER DISTRIBUTION PROJECT NO: 98-E011, PARCEL NO: C-4, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the city of Shreveport has developed the South Central Region Water Distribution Project No: 98-E011; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire rental to the property comprising Parcel No: C-4 have failed: and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport indue, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit of the property described in Exhibit "A" attached hereto as Parcel No: C-4, to be acquired as rentaland used as a temporary construction servitude.

BE IT FURTHER RESOLVED, that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict herewith are hereby repealed.

RESOLUTION NO. 153 OF 2000

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SOUTH CENTRAL REGION WATER DISTRIBUTION PROJECT NO: 98-E011, PARCEL NO: C-5, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the city of Shreveport has developed the South Central Region Water Distribution Project No: 98-E011; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire rental to the property comprising Parcel No: C-5 have failed: and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport indue, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit of the property described in Exhibit "A" attached hereto as Parcel No: C-5, to be acquired as rental and used as a temporary construction servitude.

BE IT FURTHER RESOLVED, that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict herewith are hereby repealed.

RESOLUTION NO. 154 OF 2000

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SOUTH CENTRAL REGION WATER DISTRIBUTION PROJECT NO: 98-E011, PARCEL NO: C-7, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the city of Shreveport has developed the South Central Region Water Distribution Project No: 98-E011; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire rental to the property comprising Parcel No: C-7 have failed: and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport indue, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit of the property described in Exhibit "A" attached hereto as Parcel No: C-7, to be acquired as rental and used as a temporary construction servitude.

BE IT FURTHER RESOLVED, that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict herewith are hereby repealed.

RESOLUTION NO. 155 OF 2000

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SOUTH CENTRAL REGION WATER DISTRIBUTION PROJECT NO: 98-E011, PARCEL NO: C-8, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the city of Shreveport has developed the South Central Region Water Distribution Project No: 98-E011; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire rental to the property comprising Parcel No: C-8 have failed: and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport indue, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit of the property described in Exhibit "A" attached hereto as Parcel No: C-8, to be acquired as rental and used as a temporary construction servitude.

BE IT FURTHER RESOLVED, that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict herewith are hereby repealed.

RESOLUTION NO. 156 OF 2000

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SOUTH CENTRAL REGION WATER DISTRIBUTION PROJECT NO: 98-E011, PARCEL NO: C-16, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the city of Shreveport has developed the South Central Region Water Distribution Project No: 98-E011; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire rental to the property comprising Parcel No: C-16 have failed: and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport indue, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit of the property described in Exhibit "A" attached hereto as Parcel No: C-16, to be acquired as rental and used as a temporary construction servitude.

BE IT FURTHER RESOLVED, that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict herewith are hereby repealed.

RESOLUTION NO. 157 OF 2000

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SOUTH CENTRAL REGION WATER DISTRIBUTION PROJECT NO: 98-E011, PARCEL NO: C-17, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the city of Shreveport has developed the South Central Region Water Distribution Project No: 98-E011; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as exhibit "A" attached hereto, is situated in said development; and

WHEREAS, all attempts to amicably acquire rental to the property comprising Parcel No: C-17 have failed: and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport indue, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to instituteexpropriation proceedings against the owners of record, as they might appear at the time of filing suit of the property described in Exhibit "A" attached hereto as Parcel No: C-17, to be acquired as rental and used as a temporary construction servitude.

BE IT FURTHER RESOLVED, that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict herewith are hereby repealed.

RESOLUTION NO. 158 OF 2000

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SOUTH CENTRAL REGION WATER DISTRIBUTION PROJECT NO: 98-E011, PARCEL NO: C-10 AND S-10, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the city of Shreveport has developed the South Central Region Water Distribution Project No: 98-E011; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as exhibit "A" attached hereto, is situated in said development: and

WHEREAS, all attempts to amicably acquire a permanent utility servitude to the property comprising Parcel No: S-10 have failed, and

WHEREAS, all attempts to amicably acquire rental to the property comprising Parcel No: C-10 have failed: and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport indue, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit of the property described in Exhibit "A" attached hereto as Parcel No: S-10, to be acquired as a permanent utility servitude and Parcel No: C-10, to be acquired as rental and used as a temporary construction servitude.

BE IT FURTHER RESOLVED, that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict herewith are hereby repealed.

RESOLUTION NO. 159 OF 2000

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SOUTH CENTRAL REGION WATER DISTRIBUTION PROJECTNO: 98-E011, PARCEL NO: C-15 AND S-15, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the city of Shreveport has developed the South Central Region Water Distribution Project No: 98-E011; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as exhibit "A" attached hereto, is situated in said development: and

WHEREAS, all attempts to amicably acquire a permanent utility servitude to the property comprising Parcel No: S-15 have failed, and

WHEREAS, all attempts to amicably acquire rental to the property comprising Parcel No: C-15 have failed: and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport indue, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit of the property described in Exhibit "A" attached hereto as Parcel No: S-15, to be acquired as a permanent utility servitude and Parcel No: C-15, to be acquired as rental and used as a temporary construction servitude.

BE IT FURTHER RESOLVED, that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict herewith are hereby repealed.

RESOLUTION NO. 160 OF 2000

A RESOLUTION AUTHORIZING THE INSTITUTION OF EXPROPRIATION PROCEEDINGS AGAINST CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF SHREVEPORT IN CONNECTION WITH THE SOUTH CENTRAL REGION WATER DISTRIBUTION PROJECT NO: 98-E011, PARCEL NO: C-13 AND S-13, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the city of Shreveport has developed the South Central Region Water Distribution Project No: 98-E011; and

WHEREAS, the property described in the legal description, and more fully shown on the plat map marked as exhibit "A" attached hereto, is situated in said development: and

WHEREAS, all attempts to amicably acquire a permanent utility servitude to the property comprising Parcel No: S-13 have failed, and

WHEREAS, all attempts to amicably acquire rental to the property comprising Parcel No: C-13 have failed: and

WHEREAS, public necessity dictates that this property be owned by and subject to the use by the City of Shreveport.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveportindue, regular and legal session convened, that the expropriation of this property is necessary for the public interest; therefore, the City Attorney be and he is hereby authorized to institute expropriation proceedings against the owners of record, as they might appear at the time of filing suit of the property described in Exhibit "A" attached hereto as Parcel No: S-13, to be acquired as a permanent utility servitude and Parcel No: C-13, to be acquired as rental and used as a temporary construction servitude.

BE IT FURTHER RESOLVED, that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED, that all resolutions or parts thereof in conflict herewith are hereby repealed.

Councilman Carmody: Can I at least ask Mr. Mike Strong to come forward to address Resolutions Nos. 152 through 160 in that they are District C and pertain to Youree Drive Improvements. Mr. Strong: These are some expropriation resolutions that we are looking for a temporary construction easement whereby we can do a water line improvement, an upgrade. This is a area on the west side of Youree Drive and what it is, is some time back it was determined that the flow and pressure from that area were lower than should be and to get it up and to make sure that we are meeting all of the fire requirements in that area, we are to do this upgrade in it. We would have liked to have waited and do it when some other construction is going on, but we felt like that this was needed now, so we are going to put these on.

Councilman Carmody: At what point will the citizens see the work begin? Mr. Strong: Hopefully you'll start seeing some of it towards the end of the year if everything goes correctly on it or the early part of next year is when we are really planning for.

ORDINANCES: None.

The Council considered the REGULAR AGENDA legislation:

RESOLUTIONS ON SECOND READING AND FINAL PASSAGE OR WHICH REQUIRES ONLY ONE READING:

RESOLUTION NO. 148 OF 2000

A RESOLUTION AUTHORIZING THE EMPLOYMENT OF SPECIAL LEGAL COUNSEL TO REPRESENT THE CITY OF SHREVEPORT, AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, it is the desire of the City of Shreveport to retain the services of outside legal counsel to represent the interests of the City of Shreveport and its employees, agents and representatives in personal injury claims and property damage claims, with primary emphasis on general liability claims, including vehicular accident claims, on an hourly basis.

WHEREAS, pursuant to Section 8.03 of the City Charter, the City Attorney recommends that Casten and Pearce, A Professional Law Corporation, be retained for the purpose of saidrepresentation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shreveport in due, regular and legal session convened that the Mayor be and is hereby authorized to execute, for and on behalf of the City of Shreveport, a retainer agreement with Casten and Pearce, a Professional Law Corporation, substantially in accordance with the terms and conditions of the draft thereof which was filed for public inspection, together with the original copy of this resolution in the office of the Clerk of Council on the 28th day of March, 2000.

BE IT FURTHER RESOLVED that this contract shall be paid out of the general government legal expense fund.

BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or application, and to this end, the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED that all resolutions or parts thereof in conflict herewith are hereby repealed.

Read by title and as read motion by Councilman Shyne seconded by Councilman Carmody passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

RESOLUTION NO. 161 OF 2000

A RESOLUTION AMENDING THE 1998 CONSOLIDATED PLAN AND AUTHORIZING THE SUBMISSION OF THE NEIGHBORHOOD REVITALIZATION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, Resolution No. 296 of 1994 authorized the submission of a Consolidated Community Planning and Development Program (Consolidated Plan); and

WHEREAS, pursuant to regulations of the United States Department of Housing and Urban Development (HUD), 24 CFR 91.105(5)(c) provides for amendments to the Consolidated Plan.

WHEREAS, the City of Shreveport, Department of Community Development finds it necessary to amend the 1998 Consolidated Plan to provide for the creation of the Neighborhood Revitalization Plan to be made a part of the 1998 Consolidated Plan.

WHEREAS, the Neighborhood Revitalization Plan will provide for the City of Shreveport to target the majority of its resources to revitalize eight of the CDBG targeted neighborhoods: Queensborough, Allendale, Ledbetter Heights, Lakeside, Stoner Hill, Ingleside, Mooretown, and Martin Luther King Drive.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shreveport, in due regular and legal session convened, that the Mayor is hereby authorized to amend the City's 1998 Consolidated Plan and submit the Neighborhood Revitalization Plan to HUD to be made a part of the 1998 Consolidated Plan in accordance with the attached draft which is filed for public inspection with the original of this resolution in the Office of the Clerk of Council.

BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute and submit any and all documents necessary for the submission of the amendments to the Consolidated Plan and the submission of the Neighborhood Revitalization Plan to HUD.

BE IT FURTHER RESOLVED, that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items, or applications and to this end the provisions of this resolution are hereby declared severable.

BE IT FURTHER RESOLVED that all ordinances or resolutions or parts thereof in conflict herewith are hereby repealed.

Read by title and as read motion by Councilman Burrell, seconded by Councilman Shyne passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

INTRODUCTION OF RESOLUTIONS:

Resolution No. 172 of 2000: A resolution authorizing the Mayor to execute an agreement for the sale of a sculpture which has been declared surplus, suspending Section 26-292 of the Code of Ordinances for said sale, and otherwise providing with respect thereto.

Read by title and as read motion by Councilman Huckaby, seconded by Councilman Serio to Introduce the Resolution to lay over until the September 12, 2000 meeting. Motion passed by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

INTRODUCTION OF ORDINANCES:

Ordinance No. 131 of 2000: An ordinance to amend Section 105.6 of the City of Shreveport Building Code and to otherwise provide with respect thereto.

Ordinance No. 132 of 2000: An ordinance to amend and reenact Section 10-190 of the Code of Ordinances of the City of Shreveport relative to public consumption of alcoholic beverages and Section 78-139 relative to permits for buildings or improvements on sidewalks and public grounds and otherwise providing with respect thereto.

Ordinance No. 133 of 2000: An ordinance amending the 2000 budget for the Police Grants Special Revenue Fund and otherwise providing with respect thereto.

Ordinance No. 134 of 2000: An ordinance amending the 2000 budget for the Airports Enterprise Fund and otherwise providing with respect thereto.

Ordinance No. 135 of 2000: An ordinance amending the 2000 Capital Improvements Budget, appropriating the funds therein, and otherwise providing with respect thereto.

Ordinance No. 136 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the south side of E. 66th Street, 100 feet west of Line Avenue, Shreveport, Caddo Parish, Louisiana, from B-2, Neighborhood Business District to B-3, Community Business District, and to otherwise provide with respectthereto.

Ordinance No. 137 of 2000: An ordinance amending Chapter 106 of the Code of Ordinances, the City of Shreveport Zoning Ordinance, by rezoning property located on the NE corner of Mabel Street and James Street, Shreveport, Caddo Parish, Louisiana, from R-2, Suburban, Multi-Family Residence District to B-1, Buffer Business District, and to otherwise provide with respect thereto.

Read by title and as read motion by Councilman Shyne, seconded by Councilman Carmody for Introduction of the Ordinances to lay over until the September 12, 2000 meeting. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

ORDINANCES ON SECOND READING AND FINAL PASSAGE:

Ordinance No. 124 of 2000: An ordinance authorizing the lease of city-owned property at Querbes Park to Louisiana Unwired, LLC; authorizing the granting of a servitude to same; and to otherwise provide with respect thereto.

Councilman Carmody: Could I ask at this point for Gary Norman to please come forward and give us an explanation, for the public as to the leasing of municipal property at the Querbes Golf Course. Mr. Norman: Yesterday at Work Session we discussed a little bit about the lease for this cellular tower to go on Querbes Golf Course. You have in front some information that I circulated that shows the survey that shows the exact location of that particular tower. For those you that have golfed at Querbes Golf Course, this is on Hole No. 12, kind of in area that is off to the right of it, kind of between the existing residential area and the pump station house that is already on No. 12 on the right side. The pictures that we are circulated shows some examples of a couple of the towers that this particular company has installed. We do have a Representative from the company that will be happy to answer any questions that you would have relative to that. We went out and took a couple of pictures to kind of give you an idea of the elevations of where it is going to go and this not, was kind of hard to get a picture that would show where it would happen. This is the pump house and this is coming down going east on Gregg Drive for the pump station. The particular tower will go in where these trees are behind the pump station, so you can see it. There are, there is quite a bit of heavy vegetation from the standpoint of large trees in that area and the tower will extend up past this particular point. I know also that ya'll have some questions relative to landscaping. Our contract says that it will have to comply with our zoning requirements for landscape and Herman Williams is also here that can discuss that a little bit more in detail.

Councilman Carmody: Gary, I see that you are showing that, the company is indicating that a wooden fence will be erected around this site. Company Representative: That can happen, yes. Councilman Carmody: That is not part of the plan, this is just something for us to take a look at? Company Representative: Yes, as an example. Councilman Carmody: What type of security were you going to provide to prohibit public access to this improvement? Company Representative: There will be a six foot privacyfence as well as locks on the gate. Councilman Carmody: Okay. Have we discussed the possibility of doing that? I think, as we talked about yesterday and Mr. Dark pointed out, this is basically an out of bounds area of Querbes Golf Course. I guess my concern would be the potential liability we might have with somebody trying to scale this particular structure if it was not restricted? Mr. Norman: Right, as far as the type of fence, probably Herman would need to discuss. Like I say, we had required them to comply with the zoning requirements for landscaping and all. I do know that there will be, at least, a six foot fence around the facility. Now, whether it is wood or chain link type fence, I'm sure that would be subject to negotiations with the company to do that. Mayor Hightower: I think Gary is going in the wrong direction there. I think what Councilman Carmody and I are talking about is, a fence that we can get in so we can get our balls out. Councilman Carmody: No. 12, I'm in the ditch; I don't have to worry about being anywhere but in the ditch.

Mr. Herman Williams: Faulk and Foster is one of the companies that we have done extensive work with here in the City. In working with Faulk and Foster, they will have to comply with the landscape ordinance before this site is permitted to go there. Normally, these are out in rural areas or in areas that are very wooded and they normally have a cyclone fence, a chain link fence, that is about six foot high and it is secured. Because one of the things you don't want is, to have young people get out there and try to scale that tower and cause a problem for them. So, they do secure them fairly well and so far we have not had problems with them here in the city. And they will meet the landscaping requirements and any other requirements and I think that this will be administratively approved.

In addition, this one will be designed for a location where you won't have multiple towers in that area. You will have the one tower that will allow multiple users on that tower. And we met with the neighborhood association, which is the Waterside-Gladstone Neighborhood Association out there, presented all of this to them and they agreed and provided a letter of support from that Neighborhood Association to the MPC to help us make our decision a lot easier knowing that we had the neighborhood support.

Councilman Carmody: Gary, just to be sure, the proceeds from this lease will be maintained in the Golf Enterprise Fund? Mr. Norman: That's correct. The lease is for $7,000 thousand dollars a year which will go to the Golf Enterprise Fund which would certainly help benefit purchase of equipment and operations of the golf carts.

Councilman Carmody: Based upon that, I'm going to go ahead and make a motion that we approve.

Having passed first reading on July 25, 2000 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Carmody, seconded by Councilman Shyne for adoption.

Councilman Burrell: I had an observation from the picture that was passed by, seeing that high powered line, in some, I don't know if it is in close proximity, I'm sure that picture does not do it justice because many times you have structures like that and you have a power line near it may cause electromagnetic flux or some sort of arching that might cause some problems, if it is too close. I assume that picture will not-it is not a true reflection of the distance between that tower and that power line? Mr. Norman: No, sir there is quite a distance between the two of them. I know they been out with their surveying crew and alland have checked into all of the different requirements for them.

Councilman Stewart: Mr. Norman, would you pick up the picture and if we were to drive down there as we are looking, which I assume to be going east on Craig Street and the tower was in place, would it be in front where you would see the tower in front of the trees behind, it appears to be directly behind it or will it hidden inside of the tree, further to the east? Mr. Norman: It is pretty much in the middle as you would be going down Craig Street, it would almost be directly behind where that building is located as far as line of sight. And it has a, if you look on the survey there, it shows a fair grouping of mature oak trees and all that are around that area; so we are very careful to try to place it in a location to where there would be no cutting of the trees. And that was one of my requirements is that we weren't going to remove any of those. And also that the trees would provide somewhat of a visual barrier for the-obviously we can't for the whole tower, but it would make it pleasing to the sight, if possible. Councilman Stewart: You can't do the whole tower, huh? Mr. Norman: No sir, we don't have any trees quite that tall. Councilman Stewart: I would appreciate it if the two of you would stay and visit with Mr. Carmody and I for a few minutes before you leave and then my assumption based on the ones that I've dealt with in the past, but it is strictly an assumption is that a chain link fence with (inaudible) were on top and correctly planted out, is the most attractive, from one standpoint and most effective in terms of keeping young people. I'm not saying that this is Vietnam, but that has been my experience in the past; I look forward to a visit.

Ordinance adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

Ordinance No. 118 of 2000: An ordinance to amend and reenact Chapter 10 of the Code of Ordinances of the City of Shreveport relative to alcoholic beverages and to otherwise provide with respect thereto.

Having passed first reading on July 25, 2000 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Huckaby, seconded by Councilman Stewart for adoption. The Deputy Clerk read the following amendment(s):

Amendment No. 1:

Amend the ordinance as follows:

Delete pages 1 through 57 (all) and substitute in lieu thereof the attached pages 1 through 54 containing the footer " Rev.8/16/00 Alcbevrevision8-16amd1ord ".

Motion by Councilman Carmody, seconded by Councilman Shyne for adoption of Amendment No. 1.

Councilman Huckaby: I heard her say that, it was technical in nature, I would like to know what the amendment is. Ms. Glass: Mr. Huckaby, there were several places in the ordinance where as I read through it, I there was something that was unclear, just mistakesin section numbers. It is not a substantive amendment. The one that was passed out yesterday, shows crossed out sections and highlights the new sections with all of the particulars..

Amendment No 1 approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

Amendment No. 2:

Amend the ordinance as follows:

Delete section 10-192(b)(2) and substitute the following:

"(2) Independence Stadium: Sale and consumption of beverages of low alcoholic content shall be permitted, with the exception that beverages of high alcoholic content may be sold and consumed in the skybox section."

Motion by Councilman Carmody, seconded by Councilman Spigener for adoption of Amendment No. 2. Amendment No. 2 approved by the following vote: Ayes: Councilmen Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 6. Nays: Councilman Huckaby. 1.

Amendment No. 3:

Amend the ordinance as follows:

In Section 10-190, delete subsection (a) and substitute the following:

(a) Except as provided herein, it shall be unlawful to consume alcoholic beverages of high or low alcoholic content within the city limits on any public street or sidewalk, or on any property zoned so as to permit only package alcoholic beverage sales, or on the parking lot of a business or on other property of a business where said property is open to the public. The provisions of this section shall not apply where said consumption is specifically authorized by ordinance, by the city council or the board of appeals.

Motion by Councilman Carmody, seconded by Councilman Shyne for adoption of Amendment No. 3.

Councilman Serio: Julie, would you give us a little bit more in-depth explanation. It seems like this makes it illegal for the person consuming it as it does for the person selling? Ms. Glass: That's correct. It relates to business premises that don't have a retail dealer's permit. If the business owner is allowing people to drink on his premises, he is in violation of the ordinance for allowing that without have a permit. But currently there is nothing that says that the person who is doing the drinking can be charged. This will allow that person to be charged.

Councilman Serio: When we allow someone to sell, if they don't have a permit or a license to sell? Ms. Glass: We basically don't allow the sale if the person does not have a retail dealer's permit. Councilman Serio: Then maybe I'm missing something here in this particular, in what this amendment does then? Councilman Carmody: On premise consumption is what I think we are dealing with. Ms. Glass: I'm not sure where I went wrong in my explanation.

Councilman Serio: But anyway, on premises consumption, exactly, where? Ms. Glass: On business premises, lets say for example a shopping center parking lot or where it is not an alcohol business but. . . . Councilman Serio: Lets take for instance Pierremont Mall does some presentations inside the mall area itself and has a dinner and I know like several years ago, we had something when Miss USA Pageant was here. Would that mean that inside there, inside that hallway which is not a business itself, that would preclude that from ever being used again? Ms. Glass: Well, it would generally prohibit it, but it also contains an exception for situations that are allowed under other provisions of the ordinance and for example there is a provision allowing non-profit events which I think allows that and provisions allowing private parties and that sort of thing. So, you just plugged in to what's already in the ordinance allowing that.

Councilman Burrell: Maybe you touched on a point of confusion that I had. A private party at a business is permitted because there is another ordinance that actually covers that. because from what I'm hearing you say that, unless this business has a retail license to sell alcohol then they can't even have a party at this business unless they have a retail permit? Ms. Glass: Well there are provisions in the ordinance that have been there for several years allowing private parties when they meet the definitions in the ordinance.

Amendment No. 3 approved by the following vote: Ayes: Councilmen Stewart, Carmody, Spigener, Shyne and Burrell. 5. Nays: Councilmen Huckaby and Serio. 2.

Motion by Councilman Carmody, seconded by Councilman Shyne for adoption of the ordinance as amended. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Spigener, Shyne and Burrell. 6. Nays: Councilman Serio. 1.

Ordinance No. 125 of 2000: An ordinance amending Chapter 10 of the Code of Ordinances of the City of Shreveport by deleting Section 10-144, or its successor provision, relative to physical separation of sales of beverages of high alcoholic content for consumption off the premises and otherwise providing with respect thereto.

Having passed first reading on August 8, 2000 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Huckaby, seconded by Councilman Serio to table the ordinance. Motion adopted by the following vote: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

Ordinance No. 126 of 2000: An ordinance amending the 2000 Downtown Development District Budget and otherwise providing with respect thereto.

Having passed first reading on August 8, 2000 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Shyne, seconded byCouncilman Stewart adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

Ordinance No. 128 of 2000: An ordinance declaring a public emergency in connection with repairs to the Sporran terminal, as well as replacement of the Sportran terminal canopy that was destroyed in the Easter Sunday 2000 tornado, and authorizing the Mayor's Office to contract with the original manufacturer in replacing the canopy, with costs of repairs and canopy replacement to be borne from insurance proceeds.

Having passed first reading on August 22, 2000 was read by title and on motion ordered passed to third reading. Read the third time in full and as read motion by Councilman Stewart, seconded by Councilman Shyne for adoption.

Councilman Carmody: We discussed this yesterday during our work session, but I was going to as the Administration to please give us an explanation for the public as to what are costs will be to replace the Sportran canopy. Mayor Hightower: It'll actually cost the City $50,000 for a deductible, but the total cost of the project, I think, is going to run about $980,000. Councilman Carmody: Nine Hundred and Eighty Thousand Dollars ($980,000) but we have a $50,000 deductible that we'll pay? Mayor Hightower: Correct.

Ordinance adopted by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Shyne and Burrell. 7. Nays: None.

Councilman Burrell: This is related to the last flooding. We still have a number of people who are concerned abut the last public flooding that took place here, sort of off of what we are talking about but we are talking about flooding. Where we have some 44---Councilman Spigener: Councilman Burrell, would this be better discussed at another point on our agenda? Councilman Burrell: Well, I'm not exactly sure. We are talking about flooding and insurance and the city's insurance and because of that, I know that we have persons who are concerned about the flooding that they had in their homes. And the explanation that was given was that it was a 500 year flood and I'm sure its going to affect this measure, maybe it will affect that, I'm not sure. Councilman Spigener: Perhaps when we get into the Committee of the Whole and we have Communication from Council Members, it might be a better place that we might discuss that in a little bit more detail. Councilman Burrell: Well, on your recommendation, I'll wait until then, Madame Chair. Councilman Spigener: Thank you, I appreciate that.

The adopted Ordinances as amended follows:

ORDINANCE NO. 124 OF 2000

AN ORDINANCE AUTHORIZING THE LEASE OF CITY-OWNED PROPERTY AT QUERBES PARK TO LOUISIANA UNWIRED, LLC; AUTHORIZING THE GRANTING OF A SERVITUDE TO SAME; AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

WHEREAS, the City of Shreveport ("City") is the owner of Querbes Park; and

WHEREAS, the City desires to lease a portion of the park property to Louisiana Unwired, LLC ("Louisiana Unwired") to erect and maintain a 150 foot monopole type communications tower on or adjoining the parking area of the park property; and

WHEREAS, the Louisiana Unwired also requests and the City desires to grant a servitude on other city-owned property located adjacent to the site of the proposed communications tower to provide a means of ingress and egress to the site and to provide utilities necessary to serve the facility; and

WHEREAS, the site of the proposed communication tower and the location of the proposed servitude are more particularly described on the attached Exhibit "A"; and

WHEREAS, the initial term of the lease would be a period of ten (10) years, with two (2) renewal terms of ten (2) years each; and

WHEREAS, the lease payments would be $7,000.00 per year for each year of the initial term of the lease. Thereafter, the yearly lease payments for each of the two (2) ten (10) year renewal periods would consist of the yearly lease amount for the immediately preceding ten (10) year term increased by Five Hundred Dollars ($500.00).

WHEREAS, the property is not needed for public purpose; and

WHEREAS, the lease of this property is in accordance with the provisions of LSA-R.S. 33:4712.

NOW, THEREFORE BE IT ORDAINED, by the City Council of the City of Shreveport, in due, legal and regular session convened, that the City of Shreveport is authorized to lease the city-owned property described herein in on Exhibit "A", and to grant a servitude on other city-owned property identified and described on the said Exhibit to Louisiana Unwired L.L.C., for an initial term of ten (10) years with the option of two (2) ten (10) year renewal periods.

BE IT FURTHER ORDAINED that the Mayor is hereby authorized to execute all Agreement(s) relative to this lease and the servitude provided such documents are substantially in accord with the draft hereof filed for public inspection in the Office of the Clerk of Council on July 25, 2000.

BE IT FURTHER ORDAINED that a certified copy of the said Agreement(s) and Exhibit "A" be filed and recorded in the conveyance records of Caddo Parish, Louisiana.

BE IT FURTHER ORDAINED, that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end, the provisions of this ordinance are hereby declared severable.

BE IT FURTHER ORDAINED, that all ordinances or parts thereof in conflict herewith are hereby repealed.

Patricia G. Spigener, Chairman

Arthur G. Thompson, Clerk of Council

ORDINANCE NO. 118 OF 2000

AN ORDINANCE TO AMEND AND REENACT CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF SHREVEPORT RELATIVE TO ALCOHOLIC BEVERAGES AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.

BE IT ORDAINED by the City Council of the City of Shreveport in due, regular and legal session convened, that Chapter 10 of the Code of Ordinances is hereby amended and reenacted to read as follows:

Article I. In General

Sec. 10-1. Definitions.

Sec. 10-2. Gallonage tax on beverages of low alcoholic content.

Sec. 10-3. Refusal to allow inspection.

Sec. 10-4. Reports by Chief of Police

Sec. 10-5. Penalty for false statement.

Secs. 10-6--10-30. Reserved.

Article II. Permits

Division 1. Generally

Secs. 10-31--10-40. Reserved.

Division 2. Retail Permits

Sec. 10-41. When required.

Sec. 10-42. Applications generally.

Sec. 10-43. Applicant to be fingerprinted.

Sec. 10-44. Qualifications of applicant.

Sec. 10-45. Approval or disapproval of application.

Sec. 10-46. Fees prescribed.

Sec. 10-47. Collection and disposition of fees.

Sec. 10-48. Issuance and signing.

Sec. 10-49. Separate permit for each place of business.

Sec. 10-50. Display.

Sec. 10-51. Personal nature of permits; necessity of display; penalties.

Sec. 10-52. Term; renewal.

Secs. 10-53--10-64. Reserved.

Division 3. Alcoholic Beverage Handling Employee Card

Sec. 10-65. Required; application; exceptions.

Sec. 10-66. Qualifications of applicant.

Sec. 10-67. Issuance or denial.

Sec. 10-68. Contents

Sec. 10-69. Fee and term.

Sec. 10-70. Valid on premises of any permit holder; exception.

Sec. 10-71--10-79. Reserved.

Division 4. Sales Locations

Sec. 10-80. Sales location to conform to zoning ordinance; exemptions for private parties and private promotional parties.

Sec. 10-81. Sales locations exemptions for non profit events.

Sec. 10-82. Sale near school, churches, etc.

Sec. 10-83. Sale for consumption and consumption prohibited at places where gasoline or motor fuel is sold.

Sec. 10-84. Physical separation of sales of beverages of high alcoholic content for consumption off the premises.

Sec. 10-85. Dual Service Restaurant/Bar

Secs 10-86--10-101. Reserved.

Article III. Grounds for Suspension or Revocation

Division 1. Prohibited Acts on Permitted Premises

Sec. 10-102. Prohibited acts on retail sales premises generally.

Sec. 10-103. Grounds for suspension or revocation.

Sec. 10-104. Cause for denying, suspending or revoking permits.

Sec. 10-105. Convictions by court not essential to withholding, suspending or revoking permits.

Sec. 10-106. Revocation or suspension not exclusive; other penalties.

Secs. 10-107--10-131. Reserved.

Division 2. Appeals - All Permits

Sec. 10-132. Requests for suspension or revocation.

Sec. 10-133. Hearing and notice; appeals process for all permits denied.

Sec. 10-134. Procedure at hearings; contempt.

Sec. 10-135. Procedure when permit holder or applicant fails to appear at hearing; continuances.

Sec. 10-136. Basis for determination by city council to suspend or to revoke permit.

Sec. 10-137. Recovery of cost of hearings.

Sec. 10-138. Decisions to deny, suspend or revoke permits final unless appealed and reversed.

Sec. 10-139. Appeal of decision to deny, suspend or revoke permits.

Secs. 10-140--10-151. Reserved.

Article IV. Minimum Age and Hours of Operation

Division 1. Minimum Age

Sec. 10-152. Sign required relative to sales to persons under 21.

Sec. 10-153. Purchase, consumption and public possession of alcoholic beverages by persons 17 years old and under 21.

Sec. 10-154. Purchase on behalf of persons under 21, violation; penalty.

Sec. 10-155. Retail dealer's responsibilities.

Sec. 10-156. Unlawful sales to persons under the age of 21.

Sec. 10-157. Entry on licensed premises of persons under 21 years of age.

Sec. 10-158. False identification prohibited; identification required.

Secs. 10-159--10-170. Reserved.

Division 2. Hours of Operation

Sec. 10-171. Hours of operation of retail and wholesale dealers.

Sec. 10-172. Dealers to be closed between certain hours on Sunday and Monday; exceptions.

Sec. 10-173. Persons prohibited from entering or remaining on the premises; exceptions.

Sec. 10-174. Consumption, possession or control of alcoholic beverages prohibited on sales premises between certain hours; exceptions.

Sec. 10-175-10-179. Reserved

Article V - Special Classifications

Sec. 10-180. Sunday sales--Bona fide restaurants.

Sec. 10-181. Same--Bona fide private clubs.

Sec. 10-182. Same--Bona fide private parties held on Sundays on the premises of retail dealers of alcoholic beverages.

Sec. 10-183. Same--Riverfront fairs and festivals.

Sec. 10-184. Same--Fairgrounds Field.

Sec. 10-185-189. Reserved.

Article VI - Public Consumption

Sec. 10-190. Drinking in public generally; exceptions.

Sec. 10-191. Consumption in city buildings.

Sec. 10-192. Sale and consumption of alcoholic beverages in city parks prohibited--Exceptions.

Sec. 10-193. Same--Fairgrounds property.

Secs. 10-194--10-210. Reserved.

ARTICLE VII. Games of Chance

Sec. 10-211. Bona fide private clubs.

Sec. 10-212. Bona fide nonprofit organizations.

Secs. 10-213--10-225. Reserved.

ARTICLE VIII. Motor Vehicles

Sec. 10-226. Possession or consumption of alcoholic beverages in open containers within motor vehicles prohibited; penalty for violations.

ARTICLE I. IN GENERAL

Sec. 10-1. 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:

Alcoholic beverage means any fluid or any solid capable of being converted into fluid suitable for human consumption and containing more than one-half of one percent alcohol by volume, including malt, vinous, spirituous, alcoholic or intoxicating liquors, beer, porter, ale, stout, fruit juices, cider or wine.

Alcoholic beverage handling employee means any alcoholic beverage permit holder or employee, agent, partner, or other person connected with or employed by an alcoholic beverage permit holder, who physically handles, sells or serves any alcoholic beverage or container thereof, for consumption on the premises, including, but not limited to, waiters, waitresses, barmaids, bartenders andmanagers.

Alcoholic beverage permit means a permit required by and issued pursuant to the provisions of article II of this chapter.

Beverages of high alcoholic content means alcoholic beverages containing more than six percent alcohol by volume.

Beverages of low alcoholic content means alcoholic beverages containing not more than six percent alcohol by volume.

Bona Fide Nonprofit Organization is defined as an organization which is not organized for the purpose of making a profit, and which is exempt from federal income taxation under section 501 of the Internal Revenue Code. A bona fide nonprofit organization shall mean:

a. A nonprofit corporation, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual;

b. A civic league or organization not organized for profit but operated exclusively for the promotion of social welfare, and the net earnings of which are devoted exclusively to charitable, educational, or recreational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual;

c. A business league or chamber of commerce, not organized for profit, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

Bona Fide Private Club is defined as a voluntary, incorporated or unincorporated association of persons for purposes of a social, literary, political, or other noncommercial nature which is patronized only by its members and any guests which have been specifically invited by and accompany such members. No fee or donation shall be required for admittance to the club. This would not preclude the assessing of annual or monthly membership dues forits members. Equitable ownership of such club must be held exclusively by its members. It must be nonprofit in nature, in that it must not be designed primarily to pay dividends on invested capital nor incomes to its members. After the issuance of the permit, the holder thereof must at all times meet the requirements of this section in order to be considered a bona fide private club.

Bona fide private party is defined as a party hosted and sponsored by someone other than a retail dealer of alcoholic beverages and for which a legibly printed or typed guest list is prepared, invitations are distributed, and no one other than specific invitees thereto shall gain admittance.

Bona Fide Restaurant shall be defined as:

(1) The establishment is a place of business whose intended purpose and primary function is to take orders for and serve food and food items;

(2) The establishment serves alcoholic beverages in conjunction with meals;

(3) The establishment serves food at all times of operation;

(4) The establishment operates a fully equipped kitchen used for the preparation of uncooked foods for service and consumption of such foods on the premises at all times open for business; and

(5) The establishment has been certified by the local health department showing compliance with all health and sanitary requirements.

(6) At least 60% per cent of all gross sales must be generated by food items and all alcoholic beverage sales shall be maintained separately.

Chief of Police as used in this chapter shall be the person holding the office of Chief of Police or the person designated by him to act for him.

Motor vehicle means a motorized vehicle designed to convey a person from one place to another on public streets and highways.

Motor vehicle does not include motorized golf carts operated on public golf courses, aircraft, boats, or motor homes as defined in R.S. 32:1252.

Open container means any alcoholic beverage container that contains an alcoholic beverage on which the seal or stamp has been broken or that has been opened subsequent to the filling of such container by the manufacturer, brewery, distillery or dispenser of such alcoholic beverage. Open container shall also mean any drinking glass, cup, can or any other receptacle containing an alcoholic beverage, except a drinking glass or a cup closed with a lid having no opening and sealed to the container with tamper proof tape.

Passenger compartment means that portion of a motor vehicle designed or intended for occupancy by passengers or the operator of a motor vehicle, including portions which may be intended for cargo but which are accessible to the operator or passengers. The fact that neither the operator nor passengers could actually reach the cargo area while seated shall be irrelevant. It does not include the trunk of a car or the bed of a pickup unless these areas are occupied by passengers.

Public streets, parks, and highways means any public street, highway, alley or other public right-of-way or publicly owned park, playground, or parking lot, including any parking lots owned, leased, or controlled by any federal, state, parish, or municipal government.

Public possession means the possession of any alcoholic beverage for any reason, including consumption, on any street or highway or in any public place or any place open to the public, including any wholesale or commercial business, lounge, club, or night club which is de facto open to the public. "Public possession" does not include the following:

(1) The possession or consumption of any alcoholic beverage:

a. For an established religious purpose.

b. For medical purposes when prescribed or administered by a licensed physician, pharmacist, dentist, nurse, hospital, or medical institution.

c. In private residences.

(2) The sale, handling, transport, or service in dispensing of any alcoholic beverage pursuant to lawful employment of a person at least 18 years of age by a duly licensed manufacturer, wholesaler, or retailer of beveragealcohol.

Purchase means acquisition by the payment of money or other consideration.

Retail dealer means every person, other than a manufacturer or wholesale dealer, who, as a business, handles, holds, sells, offers for sale, solicits orders for the sale of, distributes, delivers, serves, or has in his possession for sale or distribution, any alcoholic beverage; or operates a place of business where any person draws or removes any alcoholic beverage from its container for consumption on or off the premises.

Riverfront Area is defined as the area bounded by the south bank of Cross Bayou on the north, east side of Spring Street on the west, north side of Lake Street on the south, and the west bank of the Red River on the east.

Site Specific ABO Card shall mean a card issued for a specific business location which shall be noted on the card.

Tamper proof tape means adhesive-backed tape which tears easily when removed to indicate the container has been opened.

Wine shall mean those alcoholic beverages made from fermented fruit, except for brandy and cognac.

Wholesale dealer means any person who sells alcoholic beverages to other licensed wholesale dealers or to licensed retail dealers.

Sec. 10-2. Gallonage tax on beverages of low alcoholic content.

(a) There is hereby levied, in addition to all other excise, license or privilege taxes, a tax on all beverages of low alcoholic content sold and consumed within the city, of $1.50 per standard barrel of 31 gallons, and at a like rate for fractional parts of a barrel.

(b) The tax levied by this section shall be collected by any and all Louisiana wholesale dealers from their vendees purchasing for consumption in the city on each sale and shall be remitted by such wholesale dealers to the secretary of the state department of revenue and taxation for each month, on or before the 20th day of each succeeding month, respectively, all in accordance with rules and regulations promulgated by the secretary of the state department of revenue and taxation.

(c) The failure of any wholesale dealer to collect and remit the tax levied by this section when due, or the failure to pay the tax when due by the purchaser for consumption in the city shall, ipso facto, render each of them liable for the amount of the taxes found to be due, together with a penalty of five percent on the amount of the tax if the period of delinquency is ten days or less or 20 percent on the amount of the tax if the period of delinquency is greater than ten days, plus an additional amount of ten percent on the amount of the tax and penalty, as attorney's fees, if referred to attorneys for collection.

Sec. 10-3. Refusal to allow inspection.

No person shall refuse to allow the law enforcement authorities of the city to make an inspection of any place or business where alcoholic beverages are stored, sold or handled, or otherwise hinder or prevent the inspection. This inspection shall include, but is not limited to, the inspection of business records, coolers and storage rooms. The inspection allowed under this section is authorized solely for the purpose of ascertaining whether the business is operating as licensed.

Sec. 10-4. Reports by Chief of Police

The chief of police shall submit a quarterly report to the city council showing the number of arrests made or summonses issued for violations of this division. The chief of police shall also provide a quarterly report to the city council of permit holders who have been cited for two or more violations of this chapter within the preceding 12 calendar months.

Sec. 10-5. Penalty for false statement

(a) No person shall knowingly make any false statement or provide any false information in their application for an alcoholic beverage wholesale or retail dealer permit or for an alcoholic beverage handling employee card.

(b) Whoever violates this section shall be punishable by a fine of not more than $500.00 or imprisonment of not more than 60 days or both.

Secs. 10-6--10-30. Reserved.

ARTICLE II. PERMITS

DIVISION 1. GENERALLY

Secs. 10-31--10-40. Reserved.

DIVISION 2. RETAIL PERMITS

Sec. 10-41. When required.

(a) Before engaging in the business of dealing in alcoholic beverages, all wholesale and retail dealers shall obtain from the city a current permit to conduct such business. No person shall sell, barter, exchange, or allow any person to consume alcoholic beverages on the premises, or do any other act for which a permit is required without first having obtained such permit. Each day's conduct of business by a wholesale or retail dealer without such valid permit shall constitute a separate violation of this section.

(b) The wholesale dealer shall not sell, barter, exchange, or deliver any alcoholic beverages to the premises of any retail dealer or any other person without verifying that a current alcoholic beverage permit has been issued by the City of Shreveport for that premises.

(c) Whoever violates this section shall be punishable by a fine of not more than $500.00 or imprisonment of not more than 60 days or both.

Sec. 10-42. Applications generally.

All applications for alcoholic beverage permits shall be made on forms supplied by the city and shall be submitted to the chief of police for issuance or denial of the permit. The applicant shall sign and certify that all information contained in the application is true and correct. The applicant for a permit for consumption on the premises shall file, as part of his application, a list of all alcoholic beverage handling employees. Any applicant which is a partnership or corporation shall, as part of its application, designate an individual as its agent/manager for the purposes of this section and 10-178.

Sec. 10-43. Applicant to be fingerprinted.

On submission of an application for a permit under this article, the applicant shall be fingerprinted, photographed, and furnish his physical home address, social security number, date of

birth, valid picture identification, and any other information as required by the Chief of Police .

Sec. 10-44. Qualifications of applicant.

(a) Applicants for alcoholic beverage permits of all kinds shall meet the following qualifications and conditions:

(1) Is a person of good character and reputation and 21 years of age or older.

(2) Is a citizen of the United States and of the State of Louisiana and a resident of the state continuously for a period of not less than two years preceding the date of the filing of the application. However, the requirements as to Louisiana citizenship do not apply to wholesalers or retailers who held permits on or prior to January 1, 1946.

(3) Is the owner of the premises or has a bona fide written lease therefor.

(4) Has not been convicted of a felony under the laws of the United States, the State of Louisiana, or any other state or country.

(5) Has not been convicted in this or any other state or by the United States or any other country of illegally dealing in controlled dangerous substances or soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place.

(6) 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 two years prior to the application, or been convicted or had a judgment of any court rendered against him of one or more violations involving alcoholic beverage laws or ordinances, by this or any other state or by the United States for one years prior to the application.

Has not been adjudged by the city council or convicted by any court in the last two years, of violating any two or more municipal or parish ordinances adopted pursuant to the provisions of this chapter.

(8) Is not the spouse of a person whose application has been denied or whose permit has been revoked or is otherwise ineligible for a permit as required by this section unless judicially separated or divorced, provided that in such cases:

a. The age of the ineligible spouse shall be immaterial,

b. A felony conviction of a spouse shall not be cause for denial of a permit if:

1. The applicant had state and local permits prior to the felony conviction, and

2. a. The applicant had a regime of separation of property, pursuant to Louisiana Civil Code Article 2370, and is the owner of the premises or has a bone fide written lease therefor, or;

b. Owns the permitted premises as the applicant's separate property, pursuant to Louisiana Civil Code Article 2341.

(9) Has paid all taxes, licenses, fees and other charges due to the city by the applicant or his business.

(1)If the applicant is a partnership or anyone in partnership with or financed by another, all members of the partnership or all the persons in any way financially interested in the business shall also possess the qualifications required of an applicant. The application shall state the full names of all partners and persons financially interested and furnish their proper addresses and each shall furnish his affidavit showing his qualifications, as required of an applicant.

(2) If the applicant is an individual, limited liability company, corporation, or a partnership, each member of which is a corporation, all officers and directors and all stockholders owning in the aggregate more than five percent of the stock and the persons who shall conduct or manage the business shall possess the qualifications required of an applicant and furnish the same information, to be shown by the affidavit of each accompanying the application. However, the requirements as to citizenship and residence do not apply to officers, directors, and stockholders of corporations applying for retail permits only. The corporation shall be either organized under the laws of the state or qualified to do business within the state.

(3) If the applicants' business is to be conducted wholly or partly by one or more managers, agents, servants, employees, or other representatives, that person shall also possess the qualifications required of the applicant, to be shown by the affidavit of each accompanying the application.

(c) If the applicant, or any other person required to have the same qualifications, does not possess the required qualifications, the permit may be denied.

(d) No permit shall be issued to any person who is an interposed person for the owner or proprietor of a business. The city council may require a full disclosure, in writing and under oath, of the details of the operation of any person it suspects of being interposed for another. The city council may summarily rule before the city council for examination the person suspected of being an interposed person. A person who is subsidized, financed or employed by a liquor manufacturer to operate a business without disclosing the ownership of the liquor manufacturer shall be considered an interposed person for the liquor manufacturer under this chapter.

(e) Any misstatement or suppression of fact in an application or accompanying affidavit is grounds for denial of permit.

(f) Notwithstanding the provisions of subsections (a)(4) through (7), a permit may be granted by the chief of police if the applicant has been pardoned, has had any misdemeanor conviction discharged or dismissed, or the applicant's civil rights have been restored, or, if the applicant is a firm, association, partnership, trust, domestic or foreign corporation, or other legal entity, and

the applicant has terminated its relationship with the person or persons whose action directly contributed to the applicant's conviction.

Sec. 10-45. Approval or disapproval of application.

No alcoholic beverage permit shall be issued or renewed until the application therefor has been approved in the manner providedin this section. The chief of police is authorized to approve, without delay, any such application when he determines, in his discretion, that the applicant has the prescribed qualifications for such permit and has complied with all applicable provisions of this chapter. If the chief of police disapproves such an application, he shall notify the applicant in writing and state the reasons for such disapproval. Any applicant aggrieved by the decision of the chief of police may, within ten days from the date such decision is rendered, appeal to the City Council by filing a written request with the office of the Clerk of Council for a review of such decision. The city council shall thereafter hold a hearing thereon in accordance with section 10-133 of this chapter.

Sec. 10-46. Fees prescribed.

The annual fee for an alcoholic beverage permit shall be as follows, which fee shall be paid in full at least thirty (30) days prior to expiration of the existing permit.

(1) Wholesale dealers:

a. Beverages of low alcoholic content . . . . $ 100.00

b. Beverages of low alcoholic content and wine. $350.00

c. Beverages of high alcoholic content . . . . $500.00

(2) Retail dealers:

a. Beverages of low alcoholic content:

1. Class "A" which authorizes the dealer to sell for consumption on or off the premises... $75.00

2. Class "B" which authorizes the retailer to sell in sealed containers prepared for transportation and consumption off the premises . . . . $ 60.00

b. Beverages of low alcoholic content and wine $150.00

c. Beverages of high alcoholic content . . . $500.00

Sec. 10-47. Collection and disposition of fees.

All permit fees provided for in this article shall becollected by the director of finance. The director of finance shall pay the fees collected into the general fund of the city.

Sec. 10-48. Issuance and signing.

After the application for a permit under this article has been approved in accord with section 10-45, it shall be submitted to the director of finance or his designee, who shall forthwith issue the permit, upon payment of the prescribed fee.

Sec. 10-49. Separate permit for each place of business.

Separate alcoholic beverage permits shall be required for each place of business operated by a retail or wholesale dealer.

Sec. 10-50. Display.

A permit issued under this article shall be displayed prominently by the permit holder in his place of business, so as to be seen and read easily by the public.

Sec. 10-51. Personal nature of permits; necessity of display; penalties.

(a) The following shall apply to permits issued under this article:

(1) Permits are good for 365 days from the effective date of issue by the finance director, unless sooner suspended or revoked. However, Special Event Permits may be issued which are limited to the time of the event as approved by the Chief of Police.

(2) The permit is not assignable or heritable. However, in the event of the dissolution of a partnership by death, the surviving partner may operate under the partnership permit.

(3) Receivers and trustees in bankruptcy may operate under the permit of the person succeeded.

(4) When the location of a place of business is proposed to be changed, the proposal shall be received and must be approved by the issuing authority before such action is taken. The change of location shall be noted on the permit by the issuing authority and the permit shall be invalid unless the notation is made.

(5) The permit, in addition to any other permit required to be displayed, shall be posted in a conspicuous place on the licensed premises, so as to be easily seen and read by the public.

(b) The failure of a retail dealer to publicly display his permits, as required by subsection (a)(5) of this section, shall be grounds for the withholding, suspension, or revocation of the dealer's retail permit.

Sec. 10-52. Term; renewal.

(a) A permit issued under this chapter shall be dated from the effective date as shown on the permit and be valid for 365 days from that date, unless sooner suspended or revoked. Application for the renewal of such a permit shall be filed in the manner provided by this article on or before thirty (30) days prior to the expiration date as shown on the existing permit. The permit holder, or in the case of a corporation, the designated agent shall sign and certify that all information contained in the application is true and correct. The renewal permit will be dated from the date of expiration of the existing permit. If a permit holder fails to make his application for renewal before thirty (30) days prior to the expiration date, his application may be denied and the chief of police may, without notice of hearing, suspend his right to do business.

(b) Any applicant who makes his application for renewal before thirty days prior to expiration of his existing permit may continue business under his old permit, unless it has been suspended or revoked or the new permit denied. Renewal permits may be denied on the same grounds and in the same manner as an original permit.

(c) Prior to the renewal of any restaurant permit, the Chief of Police shall require an affidavit be submitted on a form approved by the Chief of Police, to determine if an establishment continues to qualify as a bonafide restaurant as defined in this chapter. If an establishment does not qualify as a bonafide restaurant, the permit shall not be renewed. The Chief of Police, may, at his discretion, require at the business owner's expense, an audit of the business' records to determine if the establishment continues to qualify as a bonafide restaurant. This audit will be conducted by the City of Shreveport or an independent Certified Public Accountant approved by the City of Shreveport.

(d) If the Chief of Police denies the renewal of a permit, he shall abide by the requirements of 10-45 and 10-133 on denials andappeals.

Secs. 10-53--10-64. Reserved.

DIVISION 3. ALCOHOLIC BEVERAGE HANDLING EMPLOYEE CARD

Sec. 10-65. Required; application.

(a) It shall be unlawful for any alcoholic beverage permit holder to allow any employee to handle, sell or serve alcoholic beverages of high or low alcoholic content for consumption on or off the premises, unless such employee is in possession of a alcoholic beverage handling employee card issued under the authority of this division,. Before employing any person to handle, sell or serve alcoholic beverages, the permit holder shall notify the police department of the intended employment and shall have such person obtain an alcoholic beverage handling employee card prior to handling, selling or serving alcoholic beverages for consumption on or off the premises of any establishment for which a permit is required by this chapter. The permit holder shall also notify the police department upon termination of employment of any alcoholic beverage handling employee.

(b) It shall be unlawful for any employee to handle, sell or serve alcoholic beverages for consumption on or off the premises of any establishment for which a permit is required by this chapter unless such employee has in his or her possession a current valid alcoholic beverage handling employee card and displays it upon demand of any law enforcement officer or agent.

(c) For purposes of this section, the term "possession" shall mean the employee shall have the card on his or her person. The employer shall also maintain on file a copy of the current card for all current employees. In the event the employee does not have the card on his or her person, but the employer has the card on file, it shall not be considered a violation of this section by the employer.

(d) The provisions of this section shall not apply to persons selling beverages of low alcoholic content on a volunteer basis without pay on the premises of a city-sponsored fair or festival or a city-owned sports facility, when a portion of the proceeds are retained by a nonprofit organization. Any person selling alcoholic beverages as a volunteer for special events on city owned sports facilities, festivals or fairs must be at least 18 years of age. Persons selling alcoholic beverages at these functions are exempt from the requirements of possession of an Alcoholic BeverageHandling Employee Card but are subject to all other provisions of this chapter

Sec. 10-66. Qualifications of applicant.

(a) Each applicant for a Class 1 alcoholic beverage handling employee card shall meet the following qualifications and conditions:

(1) He/she must be a person of good character and reputation and 18 years of age or older.

(2) If the person has been convicted of a felony under the laws of the United States, the State of Louisiana or any other state or country, he will not be eligible until the expiration of the sentence, including probation and parole. This provision shall not apply to a conviction for which the applicant has received a first offense pardon under the laws of the state of Louisiana.

(3) He has not been convicted in the last two years in this or in any other state or by the United States or any other country of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, letting a disorderly place, illegally dealing in controlled dangerous substances or any violation of the controlled dangerous substance statute.

(4) He must not have been convicted of an offense within the last two years of two or more violations of the provisions of any municipal or parish ordinance or state law relating to alcoholic beverages.

(5) He must not have had a dealer's permit revoked in the last three years which was issued in his name or in the name of a partnership of which he was a partner or in the name of a corporation in which he was a stockholder.

(6) He must not have had his alcoholic beverage handling employee card revoked within the last two years.

(7) An applicant must certify in writing on a form approved by the chief of police that prior to issuance of an ABO card, he or she has read and is familiar with and will comply with the requirements of this chapter.

(b) Each applicant for an alcoholic beverage handlingemployee card shall meet all of the qualifications set forth in subsection (a) of this section; provided, however, that the requirements of subsections (a)(2),(3), and (4) may be waived by the chief of police for good cause and a site specific ABO card may be issued with written approval of the owner/manager of the business.

Sec. 10-67. Issuance or denial.

(a) The chief of police is hereby authorized to issue, without delay, an alcoholic beverage handling employee card when, in his discretion, he finds the applicant to be qualified. If the chief of police disapproves such an application, he shall notify the applicant in writing and state the reasons for such disapproval. Any applicant aggrieved by the decision of the chief of police may, within ten days from the date such decision is rendered, appeal to the city council by filing a written request with the clerk of council for a review of such decision. The temporary alcoholic beverage handling card issued upon application shall be valid until such time the appeal is heard by the city council.

(b) The city council shall give the applicant and the chief of police or his designee an opportunity to be heard in accordance with 10-133 of this chapter and shall thereafter affirm, modify, or reverse the decision of the chief of police. For good cause shown, the city council may waive one or more of the qualifications set forth in section 10-102, and may grant the permit on the condition of its being valid only for employment on the premises of a specified alcoholic beverage permit holder.

(c) Any person denied an alcoholic beverage handling employee card will not be allowed to reapply for at least six (6) months from the date of denial.

Sec. 10-68. Contents.

A card issued pursuant to this division shall contain the picture and fingerprints of the person to whom it is issued.

Sec. 10-69. Fee and term.

(a) Alcoholic beverage handling employee cards shall expire two years from the date of issuance.

(b) A processing fee of $20.00 will be charged for a new alcoholic beverage handling employee card applications.

(c) A processing fee of $20.00 will be charged for a renewalapplication of an existing alcoholic beverage handling employee card.

(d) In the event a card is denied, the fees will not be refunded.

Sec. 10-70. Valid on premises of any permit holder; exception.

Unless otherwise provided by the chief of police or the city council in accordance with section 10-66 or 10-67, a card for an alcoholic beverage handling employee shall be good and valid for use on the premises of any alcoholic beverage permit holder, provided that the permit holder has notified the police department of the name and address of the alcoholic beverage handling employee card holder prior to the employee's employment.

Sec. 10-71--10-79. Reserved

DIVISION 4. SALES LOCATIONS

Sec. 10-80. Sales locations to conform to zoning ordinance; exemptions for private parties and private promotional parties

(a) It shall be unlawful for any person to sell, barter, exchange or otherwise dispose of alcoholic beverages except within those sections of the city wherein such sale is permitted by the applicable zoning ordinance.

(b) The provisions of this section shall not apply to the sale of alcoholic beverages of low alcoholic content or wine by a retail dealer on the premises of the following: the Louisiana State Fair, Holiday in Dixie, Red River Revel, and such other fairs and festivals as approved by the city council. This exemption shall apply only during the duration of each event.

(c) The provisions of this section and of section 10-82 shall not apply to a bona fide private party or a bona fide private promotional party, provided:

(1) It is held on the premises and within an enclosed building of a business establishment zoned commercial or industrial or SPI-2 and SPI-2/B3;

(2) The party is hosted and sponsored by the owner of the place of business where the party is to be held or by an individual, partnership, corporation or association having a written agreement with the owner of the place ofbusiness where the party is to be held;;

(3) The party is not open to the general public;

(4) No money, cover charge, dues, fee, or other emolument for food or beverage is charged or otherwise collected, either directly or indirectly, from guests, attendees or others, other than a fee for the use of the premises paid by the party host or sponsor to the owner of the place of business;; and

(5) On-the-premises consumption of beverages of high or low alcoholic content is not used to induce or attract customers or clients to show, explain or sell to them products or services.

Any such business desiring to hold a bona fide private party or event and dispense or otherwise dispose of any alcoholic beverages during that time shall first apply to the chief of police for an alcoholic beverage permit for that purpose which furnishes the following information:

a. date and location of the party

b. identification and address of the host

c. expected number of invited guests

d. proposed hours of the party, which shall be limited to the hours such establishment could be open for business under the applicable zoning ordinances and which in no event shall exceed the hour of 12:00 midnight.

Such permits applications shall be submitted to the chief of police no later than ten days prior to the proposed time and date for such private party. Any application or permit issued pursuant to this section shall be subject to denial, revocation or suspension for any grounds that a retail dealer's liquor application or permit may be revoked or suspended. The provisions of 10-45 and 10-133 will be followed for any denials and appeals. The fee for such private party or private promotional party permit shall be $25.00, which shall be paid in cash to the city prior to the issuance of the permit.

10-81. Sales locations exemptions for non profit events.

The provisions of Sections 10-80, 10-82 and 10-41 shall not apply to a bona fide nonprofit event meeting the requirements of this section, held on the premises and within the confines of an enclosed building of a business establishment zoned commercial or industrial, provided:

(a) The event is hosted and sponsored or co-sponsored by the owner of the place of business where the event is to be held or a sponsoring organization designated in writing by the owner of the business.

(b) The owner hosting the party, or the sponsor of the party or the designated co-sponsor of the party is a bona fide nonprofit organization as defined in Section 10-1 of this Chapter and the entire proceeds of the event are used for the purposes of the nonprofit organization and the expenses of the event.

(c) The following requirements are met:

1. Any such business or co-sponsor desiring to hold a bonafide nonprofit event and sell or otherwise dispose of any alcoholic beverages during that time shall first submit an application to the chief of police no later than fourteen days prior to the proposed date and shall furnish the following information:

a. Date and location of the event;

b. Identification and address of the sponsors, host, and co-sponsors for the proposed event;

c. The anticipated number of invited guests and a description of the proposed activities;

d. The proposed hours of the event, which shall be limited to the hours such establishment could be open for business under the applicable zoning ordinances and which in no event shall exceed the hour of 12 o'clock midnight;

e. Satisfactory documentation evidencing proof that it is a bonafide nonprofit organization as defined herein.

2. Any application or permit issued pursuant to thissection shall be subject to denial, revocation or suspension for any grounds that a retail dealer's basic liquor application or permit may be revoked or suspended and the provisions of 10-45 and 10-133 will be followed on all denials and appeals.

(d) No location shall be issued more than ten such permits in any calendar year.

(e) The fee for such permit shall be $25.00, which shall be paid in cash to the city prior to the issuance of the permit.

Sec. 10-82. Sale near school, churches, etc.

(a) Except as otherwise provided in this subsection and 10-193, it shall be unlawful for any person to sell at either wholesale or retail, or otherwise dispose of, any beverage of low or high alcoholic content from, and no permit shall be granted for, any premises situated within 300 feet or less of a parish or municipal playground or of a building used exclusively as a church or synagogue, public library or school, except, those used as an accredited institution of higher learning, or a school for business education conducted as a business college; provided, however, that where the premises to be licensed is located in the central business district, zoned B-4, as defined in chapter 106, it shall be unlawful for any person to sell at either wholesale or retail, or otherwise dispose of, any beverage of high or low alcoholic content from, and no permit shall be granted for, any premises situated within 200 feet or less of the above mentioned places, except a public library, or any premises situated within 90 feet or less of a public library. The required distance shall be measured as a person walks using the sidewalk from the nearest point of the property line of the church, synagogue, public library, public playground, or school to the nearest point of the premises to be licensed. This measurement shall be accomplished by the Zoning Administrator or his designee as appointed by the Executive Director of the Metropolitan Planning Commission, Caddo Parish, Louisiana.

(b) The provisions of this section do not apply to:

(1) Any premises which are maintained as a bona fide hotel;

(2) A railway car;

(3) A fraternal organization; excluding college fraternities;

(4) A business establishment within an enclosed mall-type shopping center having a gross square footage of 250,000 square feet or more and having no exterior public access thereto less than 300 feet from any protected premises;

(5) The sale of alcoholic beverages of high or low content by registered pharmacists or licensed drugstores by prescription only; and

(6) Any premises holding a valid 1976 permit or zoned L-1 or L-2 on December 31, 1976; provided, however, that should the sale or other disposal of alcoholic beverages of high and/or low alcoholic content cease at a premises for a period of 60 consecutive days or more, the provisions of this section shall then apply to such premises.

Sec. 10-83. Sale for consumption and consumption prohibited at places where gasoline or motor fuel is sold.

(a) For the purposes of this section, the following terms shall have the following meanings:

Alcoholic beverage consumption premises means that portion of any building or building site occupied by the business of a retail dealer selling or serving alcoholic beverages for consumption on the premises.

Gasoline sales premises means a building where gasoline or motor fuel is sold, including all portions thereof within its exterior walls, together with all accessory buildings, and designated off-street parking facilities whether held by ownership, leasehold or otherwise.

(b) (1) Except as provided in subsection (b)(2) of this section, it shall be unlawful for any alcoholic beverage consumption premises to be located on any gasoline sales premises. It shall be unlawful for any person to consume or to sell alcoholic beverages for consumption on any gasoline sales premises.

(2) The provisions of subsection (b)(1) of this section shallnot apply if the distance between the alcoholic beverage consumption premises and the gasoline sales premises is at least 200 feet. The distance shall be measured along the perimeter of the building from the nearest public entrance of the alcoholic beverage consumption premises to the nearest public entrance to the gasoline sales premises, provided there are no interior passageways between the premises. If there are interior public passageways, the distance shall be measured along the passageway from the nearest interior public entrance of the alcoholic beverage consumption premises to the nearest interior public entrance to the gasoline sales premises.

(c) (1) The provisions of this section shall not apply to any person, partnership or corporation which has a certificate of occupancy for gasoline sales premises, zoning board of appeals special exception use approval for alcoholic beverage consumption on the premises and has applied for an alcoholic beverage retail dealer's permit for the premises prior to May 15, 1999.

(2) This exception shall apply only if the gasoline sales premises and alcoholic beverage consumption premises are separated by an opaque wall, which may include an opaque door, the full height to the ceiling.

(3) This exception shall apply only at the premises having the certificate of occupancy and zoning board of appeals approval and for which an alcoholic beverage retail dealer's permit has been applied for, all as of May 15, 1999, and shall apply only to the person, partnership or corporation which applied for the retail dealer's permit as of said date and not to any subsequent retail dealer.

Sec. 10-84. Physical separation of sales of beverages of high alcoholic content for consumption off the premises.

(a) It shall be unlawful for any person to sell beverages of high alcoholic content for consumption off the premises except in an area physically separated from other business operations except for wine sales upon approval by the Metropolitan Shreveport Zoning Board of Appeals after notice and hearing. The physical separation shall consist of an opaque wall at least six feet in height with no door or entrance from the area in which such alcoholic beverages are sold into the area in which other business operations are located.

(b) As used in this section, the term "other business operations" shall mean any business operation, including but not limited to restaurants and businesses where alcoholic beverages are sold for consumption on the premises, but shall not include sales of beverages of low alcoholic content for consumption off the premises.

(c) The provisions of this section shall not apply to any retail dealer lawfully operating a business in which beverages of high alcoholic content are sold for consumption off the premises without the physical separation, as of February 23, 1994, the effective date of this section.

Sec. 10-85. Dual Service Restaurant/Bar

Any establishment located in the Riverfront Area, as defined herein, wishing to operate with the dual purpose of exclusively as a bar/lounge during certain designated hours and exclusively as a restaurant during certain designated hours shall be allowed to do so under the following conditions;

(a) The hours of operation as a restaurant only, and as a bar/lounge only, shall be designated on the Certificate of Occupancy when issued,

(b) The establishment shall meet all requirements of a bona fide restaurant as defined in this Chapter and any applicable state statute or regulation, during all hours of operation as a restaurant,

(c) The hours of operation as a restaurant may extend from 6:30 a.m. until 3:00 p.m.,

(d) The hours operation exclusively as a restaurant and the hours of operation exclusively as a bar/lounge shall be posted outside all entrances to the establishment in a prominent place, clearly visible to all. Such sign shall not be less than two feet long and one foot wide in prominent letters sharply contrasting in color with the background of the sign, This shall not relieve the establishment from any obligation to comply with the sign requirements of 10-152 or any other section of this chapter.

(e) During all times of operation exclusively as a restaurant, and during all times of operation exclusively as a bar/lounge, no forms of entertainment will be allowed in which the entertainers and/or any other employees appear in a nude or semi-nude state.

Secs. 10-86--10-101. Reserved.

ARTICLE III. GROUNDS FOR SUSPENSION OR REVOCATION

DIVISION 1. PROHIBITED ACTS ON PERMITTED PREMISES

Sec. 10-102. Prohibited acts on retail sales premises generally.

(a) No person holding a retail dealer's permit and no agent,

associate, employee, representative, or servant of any such person shall do or permit any of the following acts to be done on or about the licensed premises:

(1) Sell or serve alcoholic beverages to any person under the age of 21 years, unless such person submits a driver's license, selective service card or other lawful identification which, on its face, establishes the age of the person as 21 years or older. No form of identification mentioned above shall be accepted as proof of age if it is expired, defaced, mutilated or altered. If the driver's license, state identification card or lawful identification submitted is a duplicate, the person shall submit additional identification which contains the name, date of birth and photograph of the person. In addition, an educational institution identification card, check cashing identification card, or employee identification card shall not be considered as lawful identification for the purposes of this paragraph.

(2) Sell or serve alcoholic beverages to any intoxicated person or, if the retail dealer's permit is for consumption off the premises only, allow any person under the influence of alcohol or any illegal drug to be on the premises.

(3) Intentionally entice, aid or permit any person under the age of 21 years to visit or loiter in or about any place where alcoholic beverages are the principal commodities sold, handled or given away. Provided, that this section shall not apply to any person lawfully employed by the retail dealer in accordance with subsection (7) of this section. Also, this shall not prohibit parents or legal guardians from taking children under the age of eight (8) into package liquor establishments which do not allow consumption on the premises.

(4) Permit any prostitute to frequent the licensed premises, or to solicit patrons for prostitution on the licensed premises.

(5) Permit any disturbance of the peace or obscenity, or any lewd, immoral or improper entertainment, conduct or practices on the licensed premises.

a. Attire. The following acts or conduct on licensed premises are deemed to constitute lewd, immoral or improper entertainment as prohibited by this section and therefore no permit for sale of beverages of high or low alcoholic content on or off premises shall be held at any premises where such conduct or acts are permitted:

1. To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises or as an entertainer while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, vulva or genitals.

2. To employ or use the services of any hostess, entertainer, or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in subsection (a)(5)a.1. of this section.

b. Conduct

1. To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

2. To permit any employee or person to wear or use any device or covering, exposed to view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.

3. No permit holder shall permit any person to perform acts, acts which simulate, use anyartificial device to depict, or allow the showing of film, still pictures, electronic reproductions, or other visual reproductions depicting sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law, or scenes wherein a person is unclothed or in such attire as to expose to view any portion of the pubic hair, anus vulva, or genitals.

4. Entertainers shall perform only upon a permanent, continuous, and immovable stage at least 18 inches above the floor level. 5. No one shall be permitted to be upon this stage except the entertainers.

(6) Employ or permit employees, commonly known as B drinkers, to solicit patrons for drinks and to accept drinks from patrons and receive therefor any commission or remuneration in any other way. Any drinks bought by or for employees shall contain the standard bar mixture and cost the same amount as charged to patrons as per posted price list.

(7) Employ anyone under the age of 18 in any capacity in an establishment where the sale of alcoholic beverages constitutes its main business; however, if the sale of alcoholic beverages does not constitute the main business of the establishment, anyone under the age of 18 may be employed as long as the employment does not directly involve the sale of alcoholic beverages for consumption on the premises.

The provisions of this section shall not apply to the employment of any person under 18 years of age employed as a musician performing in a band on the premises of any establishment. Any person employed as a musician under the provisions of this section shall be employed pursuant to a written contract which shall specify the period of time the musician shall be allowed on the premises, as well as require the musician to be under the direct supervision of his parent(s) or legal guardian(s). A duly executed copy of the contract shall be present on the premises of the establishment during the period of time the musician is employed.

If the sale or handling of alcoholic beverages does not constitute the main business and alcoholic beverages are not sold for consumption on the premises, an employee under the age of 18 years may be permitted to participate in the packaging and/or bagging of packaged alcoholic beverages where immediate supervision is provided. An employee under the age of 18 years may not, however, participate in the collection of the price and taxes or the issuance of a receipt for the sale of alcoholic beverages.

(8) Fail to keep the premises clean and sanitary, including any parking lot, sidewalk, vacant lot, or open or closed space within or contiguous to the licensed premises which is under the control of the permit holder by lease, ownership, or otherwise.

(9) Permit the playing of pool or billiards by any person under 18 years of age, or permit such a person to visit or frequent the licensed premises operating a pool or billiard hall.

(10) Illegally sell, offer for sale, possess or permit the sale and/or consumption on or about the licensed premises of any kind or type of narcotics or habit-forming drugs. If notified of illegal activity on the premises, it is the owner/manager's responsibility to ensure the activity ceases.

(11) Accept food stamp coupons as payment for alcoholic beverages in violation of the provisions of Public Law 88-525 and regulation 1600.2(i) issued pursuant to that section of the federal statute by the United States Secretary of Agriculture.

(12) Fail to maintain a price list posted on the bar in a conspicuous place or on pamphlets or cards placed on all of the permit holder's bars and tables in clear legible print of the current retail prices of drinks. If the bar list alone is used, the print and figures will be at least one inch in height. If the permit holder elects to use cards or pamphlets to post drink prices, it shall be his responsibility to ensure that the lists are, in fact, on the bars and tables of his premises at all times.

(13) Except as otherwise provided in section 10-211, and as otherwise permitted in state law, permit the conductingof games of chance by patrons, members of the public, employees or agents on the licensed premises or premises parking lot. As used in this section, "conducting games of chance" means the intentional conducting or directly assisting in the conducting of, or participating in, any game, contest, lottery, or contrivance of chance whereby a person risks the loss of anything of value in order to realize a profit; provided however, that nothing contained in this section shall prevent football pools and other similar games from taking place if done in accordance with state law. And provided further, that the cost of playing a football pool shall not exceed $5.00 per square. Furthermore, duplicate football pools at the same location using the identical number scheme are prohibited.

(14) Unless specifically authorized by the city council or zoning board of appeals permit, encourage or allow any person, patron, customer, agent, associate or employee to exit the licensed premises in possession of any open container holding an alcoholic beverage when that alcoholic beverage was sold, purchased, served, dispensed, exchanged or acquired on the licensed premises.

(b) Violation of this section by a retail dealer's agent, associate, employee, representative or servant shall be considered the retail dealer's act for purposes of suspension or revocation of a permit except as follows:

(1) When there is evidence:

a. The retail dealer had a written and publicly posted policy, which was communicated to all alcoholic beverage handling employees prohibiting all employees from violating the provisions of this chapter, and stating that any such violation would result in termination of the employee; and

b. When notified of any such violation, the retail dealer immediately terminated such employee.

c. For purposes of this section, notice of a violation shall be deemed received if mailed to the business office of the retail dealer as shown on the permit application, or as given in writing to the city.

(2) When the retail dealer otherwise shows he did not intentionally or negligently permit employees to violate the provisions of this chapter.

(c) Notwithstanding the issuance of a permit by way of renewal, the city council may revoke or suspend such permit, as prescribed by this chapter, for violations of this section occurring during the permit period immediately preceding the issuance of such permit.

(d) No person holding a retail dealer's permit and no agent, associate, employee, representative, or servant of any such person shall do or permit the prohibited acts set forth in this section, on the premises of a party or event permitted in accordance with section 10-80 and 10-81, when the retail dealer or its agent, associate, employee, representative, or servant is serving alcoholic beverages on the premises of the party or event.

Sec. 10-103. Grounds for suspension or revocation.

(a) In addition to any other causes enumerated in this chapter, the city council may suspend or revoke any permit or alcoholic beverage handling employee card for any one of the following causes:

(1) If the applicant or any of the persons who must possess the same qualifications failed to possess the qualifications required in section 10-44 liquor permits or 10-66 for alcoholic beverage handling employee at the time of application or fails to maintain such qualifications during the licensed period.

(2) If there was any misstatement or suppression of fact in any application for an alcoholic beverage permit or alcoholic beverage employee handling card.

(3) If the permit was granted to any person who is or has been engaged in an alcoholic beverage permitted business with a person whose application for a permit has been denied or whose permit has been revoked.

(4) If the permit was issued to an interposed person.

(5) If, without a proper license, a retailer allows any person to consume any alcoholic beverage on the licensed premises or on any parking lot or open or closed space within or contiguous to the licensed premises.

(6) If any dealer fails to pay any excise taxes due by any regulated business to the state or to this city.

(7) Violation of any obscenity law.

(8) Any other prohibited acts as defined by 10-102.

(b) When a permit is revoked for any legal cause, the city council may, at the same time, order that no alcoholic beverage permit shall be issued covering the same premises until one year after the date of revocation.

Sec. 10-104. Cause for denying, suspending or revoking permits.

No permit or alcoholic beverage handling employee card shall be denied, suspended or revoked except for causes specified in this chapter. However, if a person holds more than one permit and any one of them is suspended or revoked, the city council may suspend or revoke all of his permits.

Sec. 10-105. Convictions by court not essential to withholding, suspending or revoking permits.

Conviction by a court of violation of the provisions of this chapter is not a condition precedent to the withholding, suspension or revocation of a permit under this chapter for a violation of any of the provisions of this chapter. However, when there has been a previous criminal prosecution for the same or similar act upon which the refusal, suspension or revocation of a permit is being considered, evidence of a conviction or an acquittal in a court of competent jurisdiction is admissible in a proceeding before the city council.

Sec. 10-106. Revocation or suspension not exclusive; other penalties.

(a) Notwithstanding any other provisions of this chapter to the contrary, the city council may in lieu of or in addition to revocation or suspension of a permit issued under the authority of this chapter, impose the following schedule of fines to be paid into the city treasury for:

(1) The first offense, $500.00;

(2) The second offense which occurs within three years of the first offense $750.00; and

(3) The third offense which occurs within three years of the first offense, $1000.00.

(b) The revocation or suspension of a permit is in addition to and not in lieu of or limitation of any other penalty imposed by law.

(c) For purposes of this section, the term "offense" shall mean each violation of this chapter which the council finds has occurred. More than one offense may be considered by the council in a single hearing.

SECS. 10-107--10-131. RESERVED

DIVISION 2. APPEALS- ALL PERMITS

Sec. 10-132. Requests for suspension or revocation.

(a) A request for the suspension or revocation of a permit shall be in writing and shall be filed with the clerk of council by the chief of police with the approval of the mayor and the city attorney.

(b) A petition which contains at least 100 signatures of the property owners/residents of the neighborhood surrounding an establishment which has a permit to sell or serve high or

low content alcohol may be filed with the clerk of council requesting a hearing before the city council for the purpose of suspending or revoking the liquor permit.

(c) The request shall state the name and address of the permit holder, the location of the permitted premises, and the cause or causes for suspending or revoking the permit.

Sec. 10-133. Hearing and notice; Appeals process for all permits

denied.

(a) Before any alcoholic beverage permit or alcoholic beverage handling employee card is suspended or revoked, or when an application for an alcoholic beverage permit or alcoholic beverage handling employee card has been denied and the applicant has appealed to the city council in the manner provided in sections 10-45 or 10-67 of this chapter, the permit holder or the ABO card applicant shall be entitled to a hearing. No such permit or application shall be denied, suspended or revoked unless such a hearing has been held, and a majority of the city council

votes for such suspension or revocation. The decision of the chiefof police in denying a permit shall remain in effect unless and until the city council votes after such hearing to reverse the decision of the chief of police. In cases in which the city council reverses the decision of the chief of police in denying a permit, the chief of police shall then issue the permit and note on it the approval by the decision of the city council and the date of such decision.

(b) A notice shall be served upon the applicant or holder of the permit stating the time and place of the hearing to be held by the city council. The hearing shall be not less than ten nor more than thirty calendar days from the date such notice is received, except that in the case of the denial of a permit or card, if the applicant requests an earlier hearing, the city council may hold the hearing earlier. The notice shall enumerate the causes for withholding, suspending or revoking the permit and shall be sent by certified mail, return receipt requested, to the applicant or holder of the permit at the address of his place of business, as given in his application for the permit, or it may be served on him in person by an officer or employee of the city. In the case of revocation or suspension of a permit, the notice shall subpoena the holder of the permit to appear and show cause why the permit should not be suspended or revoked.

Sec. 10-134. Procedure at hearings; contempt.

(a) The city council may administer oaths, issue subpoenas for the attendance of witnesses and the production of books, papers, accounts and documents, and examine witnesses and receive testimony at the hearing for suspension or revocation of permit under this article.

(b) If any person fails to comply with a subpoena issued by the city council, or if a witness refuses to testify in any matter regarding which he may be lawfully interrogated, such failure or refusal shall constitute contempt of the city council and upon conviction in any court of competent jurisdiction shall be punishable pursuant to Ordinance 1-14. Notwithstanding any other provision of this chapter, such a conviction of a permit holder shall be cause for suspension or revocation of his permit.

Sec. 10-135. Procedure when permit holder or applicant fails to appear at hearing; continuances.

If a permit holder or applicant who has been notified of a hearing for suspension or revocation of permit under this article does not appear, the hearing may proceed without him and the citycouncil may consider and dispose of the case, but in all cases the city council, upon application or ex proprio motu, may grant continuances from time to time. If the continuance is granted to a fixed future date by written consent or in the presence of the permit holder, applicant or his counsel, no further notice of the hearing date need be given. In all other cases the same notice of hearing as in original hearings shall be given.

Sec. 10-136. Basis for determination by city council to suspend or to revoke permit.

In determining cases involving the suspension or revocation of permits, if the city council 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 permit holder will not again violate any of the provisions of this chapter, the city council may impose a fine or suspend the permit for such time as it thinks proper, not to exceed 365 days. If the permit holder has previously been fined or had a permit suspended or revoked, whether by state or local authorities, or if the violation is flagrant or serious, or in the case of multiple violations in a 365 day period, the city council may revoke the permit. The city council shall thereafter immediately notify the permit holder, state authorities, and the chief of police of its action. The city council shall retain jurisdiction to reopen cases at any time upon petition or ex proprio motu, and for good cause shown may modify, revise or reverse its former findings and decisions and all such reopened cases shall be heard and determined under the same rules of procedure as original cases.

Sec. 10-137. Recovery of cost of hearings.

In hearings of the city council which finally result in withholding the issuance of a retail dealer's permit or in suspending or revoking a retail dealer's permit, the city council shall assess the costs of the hearing to the applicant or permit holder. The costs are recoverable by the city council in any appellate proceeding instituted by the applicant or permit holder or in any other appropriate judicial proceeding.

Sec. 10-138. Decisions to deny, suspend or revoke permits final unless appealed and reversed.

Decisions of the city council in denying, suspending or revoking permits are final and binding on all parties unless appealed in the manner provided in section 10-139 of this chapter and finally reversed by the courts.

Sec. 10-139. Appeal of decision to withhold, suspend or revoke permits.

The applicant or holder of an alcoholic beverage permit who is aggrieved by a decision of the city council to deny, suspend or revoke his permit may, within ten days of the notification of the decision, take a devolutive appeal to the district court having jurisdiction over his place of business, and on such appeal, the trial shall be de novo. Within ten calendar days from the signing of the judgment by the district court, the city or the applicant or holder of the permit, as the case may be, may appeal from the judgment of the district court to the court of appeals as in ordinary civil cases.

SECS. 10-140--10-151. RESERVED

ARTICLE IV. MINIMUM AGE AND HOURS OF OPERATION

DIVISION 1. Minimum Age

Sec. 10-152. Sign required relative to sales to persons under 21.

Each and every place or establishment where alcoholic beverages are sold or dispensed at retail, or otherwise, in the city, shall have a sign displayed in a prominent place, clearly visible to all, stating that no beverages of high or low alcoholic content will be sold or dispensed to persons under 21 years of age, except as provided by law. Such sign shall be not less than two feet long and one foot wide, in prominent letters sharply contrasting in color with the background of the sign.

Sec. 10-153. Purchase, consumption and public possession of alcoholic beverages by persons 17 years of age and under 21.

(a) Unlawful. It shall be unlawful for any person under 21 years of age to purchase or have public possession of any alcoholic beverage.

(b) Violation; penalty.

(1) Whoever violates the provisions of this section shall be fined not more than $300.00 or imprisoned for not more than six months, or both.

(2) Any person apprehended while violating the provisions of this section shall be issued a citation by theapprehending law enforcement officer which shall be paid in the same manner as provided for offenders of local traffic violations.

Sec. 10-154. Purchase on behalf of persons under 21, violation; penalty.

(a) It is unlawful for any person, other than a parent or legal custodian for the purposes specified in this Code to purchase or obtain on behalf of a person under 21 years of age any alcoholic beverage.

(b) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both.

Sec. 10-155. Retail dealer's responsibilities.

Nothing in sections 10-153 or 10-154 shall be construed as relieving any retail dealer in beverages of either high or low alcoholic content of any of the responsibilities imposed on him under the provisions of this chapter or under the provisions of R.S. title 26.

Sec. 10-156. Unlawful sales to persons under the age of 21.

(a) Unlawful sales to persons under 21 is the selling or otherwise delivering for value of any alcoholic beverage to any person under 21 years of age. Lack of knowledge of the person's age shall not be a defense.

(b) Violation; penalty.

(1) Whoever is found to be guilty of unlawful sales to persons under the age of 21 shall be fined not less than $300.00 nor more than $500.00 and serve ten days of community service to the city or serve ten days in jail. Imposition or execution of sentence shall not be suspended.

(2) Subsequent offense(s)--If the offender has been convicted previously, upon any subsequent conviction, he shall be subject to a fine of not less than $300 or more than $500 and incarceration of not less than ten days or more than 60 days in jail. Imposition or execution of sentence shall not be suspended.

Sec. 10-157. Entry on licensed premises of persons under 21 years of age.

(a) No person under the age of 21 years shall go into or upon or remain in or upon or attempt to go into or upon or remain in or upon any business, which belongs to another, where alcoholic beverages are the principle commodity sold, handled or given away. Provided that this section shall not apply to persons lawfully employed by the business in accordance with section 10-102(a)(7).

(b) The holder of any alcoholic beverage retail permit issued by the city shall cause a sign in type of not less than 30-point type to be displayed at the point of entry to the licensed premises that reads: "Section 10-157 of the Code of ordinances of the City of Shreveport prohibits persons under the age of 21 from coming into or remaining upon these premises. Violators may be subject to imprisonment and/or fine of up to $500."

(c) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.

Sec. 10-158. False identification prohibited; identification required.

(a) No person, under the age of 21 years shall present or offer to any business, or to its agents or employees, where alcoholic beverages are the principle commodity sold, handled or given away any verbal, written, printed, or photostatic evidence of age or identity which is false, fraudulent or not actually his or her own for the purpose of entering or going upon the premises of the business.

(b) No person shall go into or upon or remain in or upon or attempt to go into or upon or remain in or upon any business, which belongs to another, where alcoholic beverages are the principle commodity sold, handled or given away unless such individual has on his or her person a drivers license, selective service card, state identification card or other lawfully issued photographic identification card which on its face establishes the age of the person as 21 years of age or older. No such form of identification shall be accepted as proof of age if it has expired, or is defaced, mutilated or altered. If the drivers license, state identification card, selective service card or other lawful photographic identification submitted is a duplicate, the person shall submit additional identification information which contains the name, date of birth and photograph of the person. Educational institution identification cards, check cashing identification cards or employee identification cards shall not be considered as lawfulidentification for purposes of this subsection.

(c) The holder of any alcoholic beverage retail permit issued by the City of Shreveport shall cause a sign in type of not less than 30-point type to be displayed at the point of entry to the licensed premises that reads: "Section 10-158 of the Code of Ordinances of the City of Shreveport prohibits the use of a false identification to gain entry to these premises. Legal photo i.d. required. Violators are subject to imprisonment and/or a $500 fine."

(d) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.

SECS. 10-159--10-170. RESERVED

DIVISION 2. HOURS OF OPERATION

Sec. 10-171. Hours of operation of retail and wholesale dealers.

(a) Except as provided in sections 10-180 through 10-184, and as otherwise provided by this ordinance, it shall be unlawful for any retail dealer or wholesale dealer to be open for business within the city between the hours of 2:30 a.m. and 7:00 a.m. as a retail dealer or wholesale dealer of alcoholic beverages.

(b) The prohibitions contained in section (a) above shall not apply to any retail dealer who sells alcoholic beverages for consumption on the premises and whose premises are located in any area zoned B-4, Central Business District, under Ordinance No. 184 of 1957, the Zoning Ordinance of the City of Shreveport, or any amendment thereto. It shall be unlawful for any retail dealer operating in such areas to be open for business between the hours of 6:30 a.m. and 10:00 a.m. as a retail dealer of alcoholic beverages.

(c) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.

Sec. 10-172. Dealers to be closed between certain hours on Sunday and Monday; exceptions.

(a) Except as provided in sections 10-180 through 10-184 and as otherwise provided in this section, it shall be unlawful for any retail dealer or wholesale dealer to be open for business in thecity between the hours of 2:30 a.m. Sunday and 7:00 a.m. Monday as a retail dealer or wholesale dealer of alcoholic beverages.

(b) Retail dealers operating in compliance with all other applicable provisions of this chapter and all applicable provisions of the zoning ordinance may sell packaged beverages of low alcoholic content and packaged wine for consumption off the premises on Sunday, during the hours such establishment is permitted to be open for business under the applicable zoning ordinances, but in no event before the hour of 7:00 a.m. or after the hour of 12:00 midnight.

(c) The provisions contained in section (a) above shall not apply to any retail dealer who sells alcoholic beverages for consumption on the premises and whose premises are located in any area zoned B-4, Central Business District, under Ordinance No. 184 of 1957, the Zoning Ordinance of the City of Shreveport, or any amendment thereto. It shall be unlawful for any retail dealer operating in said areas to be open for business between the hours of 6:30 a.m. and 12:00 noon Sunday as a retail dealer of alcoholic beverages.

(d) Notwithstanding the provisions of section (a) above, in any year in which December 31 falls on a Sunday it shall not be unlawful for any retail dealer to be open for business as a retail dealer of alcoholic beverages in the city between the following hours on Sunday, December 31 and Monday, January 1:

(1) For retail dealers described in section 10-172, between the hours of 12:00 noon Sunday and 6:30 a.m. Monday.

(2) For all other retail dealers, between the hours of 12:00 noon Sunday and 2:30 a.m. Monday.

(e) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.

Sec. 10-173. Persons prohibited from entering or remaining on the premises; exceptions.

(a) Except as otherwise provided in this section, it shall be unlawful for any person other than the owner or other persons authorized by the chief of police, or his designee, to enter or remain on the premises of any retail dealer or for any retail dealer to permit any person to enter or remain on such premises during the hours said dealer is not permitted to be open forbusiness. This subsection shall not apply to the premises of a retail dealer of alcoholic beverages during times in which it is open for business other than as a retail dealer of alcoholic beverages and during which no alcoholic beverages are sold or consumed.

(b) The term "owner" as used in this section shall mean the person who owns the premises or has a bona fide written lease therefor, as required in section 10-44. If the owner is a partnership or corporation, it shall designate an individual as its manager/agent who shall be permitted to enter or remain on the premises in accordance with this section. Such designation shall be included in the application for a retail dealer's permit as provided in section 10-42.

(c) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.

Sec. 10-174. Consumption, possession or control of alcoholic beverages prohibited on sales premises between certain hours; exceptions.

(a) Possession or control, etc. Except as provided in sections 10-180 through 10-184, it shall be unlawful for any person to drink, consume or have in his possession or immediate control any alcoholic beverage in an open container in any place where alcoholic beverages are sold during the hours the dealer is not permitted to be open for business under sections 10-171 and 10-172.

(b) Unlawful for dealers, agents, etc., to permit consumption, etc. Except as provided in sections 10-180 through 10-184, it shall be unlawful for any retail dealer or any agent, associate, employee, representative or servant to permit or allow any person to drink, consume or have in his possession or immediate control any alcoholic beverage in an open container in any place where alcoholic beverages are sold during the hours the dealer is not permitted to be open for business

(c) Whoever violates the provisions of this section shall be fined not more than $500.00 or imprisoned for not more than 60 days or both.

SEC. 10-175--10-179. RESERVED

ARTICLE V - SPECIAL CLASSIFICATIONS

Sec. 10-180. Sunday sales--Bona fide restaurants.

(a) A bona fide restaurant, which has a valid permit for consumption on the premises, shall be permitted to sell and serve alcoholic beverages on Sundays without the requirement of obtaining an additional permit, during the hours such establishment is permitted to be open for business under the applicable zoning ordinances, but in no event before the hour of 12:00 noon or after the hour of 12:00 midnight, unless otherwise permitted to do so under section 10-172.

(b) Any bona fide restaurant desiring to serve alcoholic beverages on Sundays in accordance with this section may be required to furnish such information relative to its operations as determined by the chief of police including, but not necessarily limited to, information as to its gross sales of alcoholic beverages as opposed to food sales and copies of the establishment owner's federal and state income tax returns for three years preceding the date of the application. The chief of police shall inspect the applicant's premises to determine whether a bona fide restaurant is being operated on such premises.

(c) Any restaurant with a separately permitted cocktail lounge desiring to sell alcoholic beverages pursuant to this article, shall close and lock the cocktail lounge during the hours the dealer is not permitted to be open for business. However, such cocktail lounge may be opened during such hours authorized by and under a permit issued pursuant to this section. If the cocktail lounge is not separately permitted, it may be operated by the restaurant in the same manner as on other days of the week.

Sec. 10-181. Same--Bona fide private clubs.

(a) A bona fide private club, as defined in this chapter, shall be permitted to sell or serve alcoholic beverages on Sunday, but only between the hours of 12:00 noon and 12:00 midnight, unless otherwise permitted to do so under section 10-172. Such a bona fide private club, however, may sell or serve only the types of alcoholic beverages that it is licensed to sell or serve at other times.

(b) Any bona fide private club desiring to serve alcoholic beverages on Sundays in accordance with this section shall first apply to the chief of police for a Sunday alcoholic beverage permit for private clubs. Any applicant for such a permit shall furnish such information relative to its operation as may be required by the chief of police, including, but not necessarily limited to, articles of incorporation and other documents evidencing that the applicant is a bona fide private club. The chief of police shall arrange for a representative of his department to inspect the applicant's premises to determine whether a bona fide private club is being operated on such premises. If the chief of police is satisfied that a bona fide private club is being operated on the premises of the applicant, he shall issue a Sunday alcoholic beverage permit for private clubs which shall be displayed in a conspicuous place on the premises of the applicant. Any permit issued pursuant to thissection shall be subject to revocation or suspension for any grounds that a retail dealer's basic liquor permit may be revoked or suspended and also if the applicant should fail to continue to operate a bona fide private club.

(c) If the chief of police denies an application on the basis that the applicant is not operating a bona fide private club, the provisions of 10-45 and 10-133 will be followed on all denials and appeals.

(d) Any Sunday alcoholic beverage permit for private clubs issued pursuant to this section shall expire at the same time as the current basic liquor permit that the applicant obtained from the city. However, the Sunday alcoholic beverage permit for private clubs may be renewed from year to year if the applicant still operates a bona fide private club, as defined in this section. The annual fee for the issuance of a Sunday alcoholic beverage permit for private clubs shall be $250.00, which shall be paid in cash to the city prior to the issuance of the permit.

Sec. 10-182. Same--Bona fide private parties held on Sundays on the premises of retail dealers of alcoholic beverages.

(a) It shall be lawful for any retail dealer of alcoholic beverages otherwise licensed to allow consumption on the premises to open and sell, serve, dispense, or otherwise dispose of any alcoholic beverages between the hours of 12:00 noon and 12:00 midnight on Sundays for the purpose of conducting a bona fide private party, as defined in this section, and on the terms and conditions contained in this section. The provisions of this section shall not apply to a retail dealer who is otherwise permitted to be open pursuant to section 10-172.

(b) Any retail dealer desiring to open on Sunday between the hours of 12:00 noon and 12:00 midnight and sell, serve, dispense or otherwise dispose of any alcoholic beverages during that time for the purpose of conducting a bona fide private party shall first apply to the chief of police for an alcoholic beverage permit to sell, serve, dispense or otherwise dispose of any alcoholic beverages at a private party on Sunday. Any application for such a permit shall be legibly printed or typed and shall furnish the following information relative to the contemplated party: date and location of the party; identification and address of the host for the contemplated party; a written list of the individuals invited to attend the contemplated party; and a statement signed by the host that persons not specifically invited to the party will not be permitted admittance thereto. All applications for such permits shall be submitted to the chief of police no later than ten days prior to the proposed time and date for such a private party. Any permit issued pursuant to this section shall be subject to revocation and suspension for any grounds that a dealer's basic liquor permit may be revoked or suspended.

(c) If the chief of police denies an application on the basis that the applicant did not propose to conduct a bona fide private party, the provisions of 10-45 and 10-133 will be followed on all denials and appeals.

(d) Any permit issued pursuant to this section shall be for one bona fide private party only. The fee for such permit shall be $25.00, which shall be paid in cash to the city prior to the issuance of the permit.

Sec. 10-183. Same--Riverfront fairs and festivals.

(a) Any retail dealer operating pursuant to a contract with the city to cosponsor a fair or festival on the riverfront, as defined in this section shall be permitted to sell and serve beverages of low alcoholic content and wine on Sundays at such fair or festival on the riverfront but only between the hours of 12:00 noon and 12:00 midnight.

(b) Any such retail dealer shall first apply to the chief of police for a Sunday alcoholic beverage permit for such sales. Any applicant for such permit shall furnish information relative to its operations as may be required by the chief of police including, but not necessarily limited to, a copy of its contract with the city to cosponsor such fair or festival. If the chief of police is satisfied that the requirements of this section are met, he shall issue a Sunday alcoholic beverage permit under this section which shall be displayed in a conspicuous place on the premises of the applicant. Any permit issued pursuant to this section shall be subject to revocation or suspension for any grounds that a dealer's basic alcoholic beverage permit may be revoked or suspended, and also if the applicant should fail to continue to operate in accordance with this section.

(c) If the chief of police denies an application on the basis that the applicant does not meet the requirements of this section, the provisions of 10-45 and 10-133 will be followed on all denials and appeals.

(d) Any permit issued pursuant to this section shall be for the duration of the fair or festival only. The fee for such permit shall be $25.00 for each Sunday during the fair or festival, which fee shall be paid in cash to the city prior to the issuance of the permit.

Sec. 10-184. Same--Fairgrounds Field.

(a) Any retail dealer operating pursuant to a contract to sell food and alcoholic beverages on the premises of the Fairgrounds Field owned by the city shall be permitted to sell and serve beverages of low alcoholic content and wine on Sundays on the premises of Fairgrounds Fields, but only between the hours of 12:00 noon and 12:00 midnight.

(b) Any retail dealer shall first apply to the chief of police for a Sunday alcoholic beverage permit for sales of alcoholic beverages of low alcoholic content and wine at Fairgrounds Field. Any applicant for such a permit shall furnish information relative to its operations as may be required by the chief of police including, but not necessarily limited to, a copy of its contract to sell food and alcoholic beverages at Fairgrounds Field. If the chief of police is satisfied that the requirements of this section are met, he shall issue a Sunday alcoholic beverage permit under this section which shall be displayed in a conspicuous place on the premises of the applicant. Any permit issued pursuant to this section shall be subject to revocation or suspension for any grounds that a dealer's basic alcoholic beverage permit may be revoked or suspended, and also if the applicant should fail to continue to operate in accordance with this section.

(c) If the chief of police denies an application on the basis that the applicant does not meetthe requirements of this section, the provisions of 10-45 and 10-133 will be followed on all denials and appeals.

(d) Any Sunday alcoholic beverage permit issued pursuant to this section shall expire at the same time as the current basic alcoholic beverage permit that the applicant obtained from the city. However, the Sunday alcoholic beverage permit may be renewed from year to year if the basic permit is renewed and if the

applicant still meets the requirements of this paragraph. The annual fee for the issuance of a Sunday alcoholic beverage permit shall be $100.00, which shall be paid in cash to the city prior to the issuance of the permit.

ARTICLE VI. PUBLIC CONSUMPTION

Sec. 10-190. Drinking in public generally; exceptions.

(a) Except as provided herein, it shall be unlawful to consume alcoholic beverages of high or low alcoholic content within the city limits on any public street or sidewalk, or on any property zoned so as to permit only package alcoholic beverage sales, or on the parking lot of a business or on other property of a business where said property is open to the public. The provisions of this section shall not apply where said consumption is specifically authorized by ordinance, by the city council or the board of appeals.

(b) The provisions of this section shall not apply to persons consuming alcoholic beverages in non glass containers on an area of a public sidewalk used by a retail dealer selling alcoholic beverages for consumption on the premises and located in The Riverfront Area as defined in 10-1.

(c) Any retail dealer selling alcoholic beverages for consumption on the premises and located within the area specified in subsection (b) above desiring to sell alcoholic beverages for consumption on a public sidewalk shall first make application for such approval in accordance with the provisions of section 78-139 and subsection 106-1127(5).

Sec. 10-191. Consumption in city buildings.

(a) It shall be unlawful for any person to drink any alcoholic beverage in the city hall or other public buildings used by or under the control of the city in the daily administration of city affairs, except as provided for in this section.

(b) This section shall not apply to the sale and/or consumption of alcoholic beverages in public buildings that are not used by or under the control of the city in the daily administration of city affairs. Public buildings which are exempted from subsection (a) of this section include, but are not limited to, the convention center, the civic center, the Municipal Auditorium, the SportsMuseum, Expo Hall, the Barnwell Center, and Sci-Port. Any group or individual desiring to sell and/or consume alcoholic beverages at any building exempted from subsection (a) of this section shall first obtain a permit from the chief of police allowing such sale and/or consumption. A fee of $100.00 will be charged for the permit which will be valid for the duration of the event scheduled by the group or individual.

(c) Notwithstanding any provision of this section to the contrary, any group or individual having or possessing a valid rental agreement, or anyone possessing a valid contract to provide concessions for the group or individual possessing the rental agreement, for the use of any riverfront facility not used by or under the control of the city in the daily administration of city affairs shall be allowed to sell and/or consume alcoholic beverages of a high and/or low alcoholic content during the hours the building is zoned to be open, not to exceed the hours between 10:00 a.m. until 2:00 a.m. and on Sundays between the hours of 12:00 noon and 12:00 midnight. Such group or individual shall first obtain a permit from the chief of police in accordance with the procedures outlined in subsection (b) above.

(d) It shall be required that off duty Shreveport Police Officers will be used to provide security.

(1) The officers will be secured through the use of the Shreveport Police Special Services Division.

(2) The number of officers required will be determined by the Shreveport Police Department, based on the type of event and the expected number of guests or customers.

Sec. 10-192. Sale and consumption of alcoholic beverages in city parks prohibited--Exceptions.

(a) It shall be unlawful for any person to possess, either on his person, in his immediate control, in any automobile or vehicle, or in any other manner, any alcoholic beverage in any of the public parks owned by the city, except that the possession of alcoholic beverages for sale or consumption in accordance with the exceptions stated in this section shall be permitted. It shall be unlawful to sell or consume alcoholic beverages in any of the public parks owned by the city except as provided in this section.

(b) The sale and/or consumption of alcoholic beverages by city-approved concessionaires only and the consumption of such alcoholic beverages by individuals who purchase the alcoholic beverages from such concessionaires shall be permitted at the following city-owned parks, subject to the following limitations and zoning approval:

(1) Fairgrounds Field: Sale and consumption of beverages of low and high alcoholic content shall be permitted.

(2) Independence Stadium: Sale and consumption of beverages of low alcoholic content shall be permitted, with the exception that beverages of high alcoholic content may be sold and consumed in the skybox section.

(3) Querbes Golf Course: The sale and consumption of beverages of low alcoholic content and wine only shall be permitted.

(4) Huntington Park Golf Course: The sale and consumption of beverages of low and high alcoholic content shall be permitted.

(5) Lakeside Golf Course: The sale and consumption of beverages of low alcoholic content and wine only shall be permitted.

(6) Hirsch Coliseum: The sale and consumption of beverages of low and high alcoholic content shall be permitted.

(c) It shall be unlawful for any person to possess or consume any alcoholic beverages at any of the city parks enumerated in this section unless such alcoholic beverages have been purchased from city-approved concessionaires.

Sec. 10-193. Same--Fairgrounds property.

(a) Any retail dealer operating pursuant to a contract with the State Fair of Louisiana, Inc., to sell alcoholic beverages of low alcoholic content and wine on premises of the fairgrounds owned by the city and under the control and management of the State Fair of Louisiana, Inc., as described in the agreement between the State Fair of Louisiana, Inc., and the city shall be permitted to sell and serve beverages of low alcoholic content and wine on Sundays on the premises of the fairgrounds under the control and management of the State Fair of Louisiana, Inc., but only between the hours of 12:00 noon and 12:00 midnight.

(b)The provisions of the following sections are suspended on the date of the Independence Bowl beginning at 10:00 a.m. and continuing until 2:00 a.m. of the following date and only on the premises of the Louisiana State Fairgrounds owned by the city.

(c)The provisions of sections 10-80, 10-81, 10-82, 10-172, 10-174, 10-190, 10-191, 10-192 and 10-193 are suspended to the limited extent necessary to permit the serving, possession, sale, and consumption of beverages of low alcoholic content and high alcoholic content on the premises of the fairgrounds on the date of the Independence Bowl beginning at 10:00 a.m. and continuing until 2:00 a.m. of the following date, under the following circumstances:

(1) For any individual, partnership, corporation or association wishing to hold a private or promotional party on the fairgrounds for which no money, cover charge, dues, fees, or other emolument for any alcoholic beverages is charged, or otherwise collected, whetherdirectly or indirectly, from guests or attendees, no alcoholic beverage retail permit shall be required.

(2) For any individual, partnership, corporation or association wishing to hold a private or promotional party on the premises of the fairgrounds, where any money, cover charge, dues, fees, or other emolument for any alcoholic beverage is charged or otherwise collected at the party, either directly or indirectly from guests, attendees, or others, then a special permit must be obtained from the chief of police or his designee under the provisions of this section. In order to obtain the special permit, the applicant must provide satisfactory evidence to the chief of police or his designee, that:

a. The permit applicant has a written agreement with the State Fair of Louisiana, Inc., which includes a site plan or written statement showing the area in which the alcoholic beverages will be sold, served, or consumed. Said area shall consist of property the dealer has permission to use which must be evidenced by a written agreement between the State Fair of Louisiana, Inc., and the permit applicant.

b. Any alcoholic beverages to be sold or dispensed shall be brought to the premises by the applicant or his designee and served by members, employees or agents of the applicant or sponsor of the party. The applicant shall be responsible for ensuring that any individual dispensing or selling alcohol possesses the necessary ABO card.

c. All charges for alcoholic beverages must be clearly posted at the entrance to the party area.

d. The applicant must possess all the qualifications for applicants for alcoholic beverage permits as stipulated in section 10-44 of this Code.

(3) If the chief of police is satisfied that the requirements of this section and the requirements of section 10-44 are met, he shall issue an alcoholic beverage permit in accordance with this section which shall be displayed in a conspicuous place on the premises of the applicant. Any permit issued pursuant to this section shall be subject to revocation or suspension for any grounds that a dealer's basic alcoholic beverage permit may be revokedor suspended and also if the applicant should fail to continue operating in accordance with this section. If said application is made later than three full working days prior to the day of the event, the chief of police or his designee may issue the permit unless there is not sufficient time in which to determine whether all conditions herein are met.

(4) Any permit issued pursuant to the authority of this section shall be valid on the date on the Independence Bowl beginning at 10:00 a.m. and continuing through 2:00 a.m. of the following date only.

(5) The permit holder shall be responsible for obtaining any additional alcoholic beverage retail permit necessary from the state.

(6) The fee for any permit issued pursuant to the authority of this section shall be $25.00 which shall be paid in cash to the city prior to the issuance of the permit.

(d) The provisions of sections 10-80, 10-81, 10-82, 10-172, 10-174, 10-190, 10-191, 10-192, and 10-193 are suspended to the limited extent to permit the serving, possession, sale, and consumption of beverages of low alcoholic content and wine on the premises of the fairgrounds on the dates of the Louisiana State Fair as authorized in a contract with the Louisiana State Fair, Inc., but only between the hours of 10:00 a.m. and 12:00 a.m. These beverages shall not be mixed with anything other than ice.

Secs. 10-194--10-210. Reserved.

ARTICLE VII. GAMES OF CHANCE

Sec. 10-211. Bona fide private clubs.

(a) Generally. A bona fide private club shall be permitted to allow the conducting of games of chance, as defined in this chapter, by members of the club and their guests on the licensed premises.

(b) Permit required; information for application; display of permit; revocation or suspension of permit. Any bona fide private club intending to permit the conducting of games of chance in accordance with this section shall first apply to the chief of police for a permit to conduct games of chance by private clubs. Any applicant for such a permit shall furnish such information relative to its operation as may be required by the chief of police, including, but not necessarily limited to, articles of incorporation and other documents evidencing that the applicant is a bona fide private club. Thechief of police shall arrange for a representative of his department to inspect the applicant's premises to determine whether a bona fide private club is being operated on such premises. If the chief of police is satisfied that a bona fide private club is being operated on the premises of the applicant, he shall issue a permit to conduct games of chance by private clubs which shall be displayed in a conspicuous place on the premises of the applicant. Any permit issued pursuant to this section shall be subject to revocation or suspension for any grounds that a retail dealer's permit may be revoked or suspended, except as provided in this section, and also if the applicant should fail to continue to operate a bona fide private club as defined in this section. Provided further, that the chief of police may issue a permit to conduct games of chance by private clubs under this section to any bona fide private club which has obtained a Sunday alcoholic beverage permit for private clubs pursuant to sections 10-180 through 10-184 of this chapter, without further investigation.

(c) Denial of application; notice; appeal. If the chief of police denies an application on the basis that the applicant is not operating a bona fide private club, the chief of police shall give written notice to the applicant of the denial of the application and stating the grounds for such denial. Any applicant aggrieved by the decision of the chief of police may within ten days from the date such decision is rendered appeal to the city council by filing a written request with the clerk of council for a review of such decision. The city council shall thereafter hold a hearing thereon in accordance with section 10-67 of this chapter. In the event of such a reversal, the chief of police shall issue a permit to conduct games of chance by private clubs to the applicant.

(d) Expiration or renewal of permit. Any permit to conduct games of chance by private clubs issued pursuant to this section shall expire at the same time as the current retail dealer's permit that the applicant obtained from the city. However, the permit to conduct games of chance may be renewed from year to year if the applicant still operates a bona fide private club as defined in this section.

Sec. 10-212. Bona fide nonprofit organizations.

(a) Generally. A bona fide nonprofit organization shall be permitted to conduct games of chance, as defined in this chapter, by members of the organization and their guests on the premises of retail dealers of alcoholic beverages where alcoholic beverages are not the principal commodity sold, handled or given away. A retail dealer on whose premises alcoholic beverages are not the principal commodity sold, handled or given away shall be permitted to allow the conducting of games of chance by bona fide nonprofit organizations on the retail dealer's premises.

(b) Permit required; information for application. Any bona fide nonprofit organization intending to conduct games of chance in accordance with this section shall first apply to the chief of police for a permit to conduct such games of chance. Any applicant for such a permit shall furnish such information relative to its operation as may be required by the chief of police, including, but not necessarily limited to, articles of incorporation and other documents evidencing that the applicant is a bona fide nonprofit organization, the name and location of the retail dealer's premises, and the dates on which the games are to be conducted. If the chief of police is satisfied that the applicant is a bona fide nonprofit organization, and alcoholic beverages are not the principal commodity sold, handled or given away on the premises, he shall issue a permit to conduct games of chance at the specifiedlocation on the specified dates, which shall be displayed in a conspicuous place on the premises. Any permit issued pursuant to this section shall be subject to revocation or suspension for any grounds that a retail dealer's permit may be revoked or suspended, except as

provided in this section, and also if the applicant should fail to continue to operate a bona fide nonprofit organization as defined in this section.

(c) Denial of application; notice; appeal. If the chief of police denies an application, the chief of police shall give written notice to the applicant of the denial of the application and stating the grounds for such denial. Any applicant aggrieved by the decision of the chief of police may within ten days from the date such decision is rendered appeal to the city council by filing a written request with the clerk of council for a review of such decision. The city council shall thereafter hold a hearing thereon in accordance with section 10-67. In the event of such a reversal, the chief of police shall issue a permit to conduct games of chance to the applicant.

Secs. 10-213--10-225. Reserved.

ARTICLE VIII. MOTOR VEHICLES

Sec. 10-226. Possession or consumption of alcoholic beverages in open containers within motor vehicles prohibited.

(a) It shall be unlawful to drink, possess or to have, allow or cause any open container of an alcoholic beverage to be present in or occupy any portion of the passenger compartment of any motor vehicle, including the glove compartment, on any public street, park, or highway, except as provided in this section. Unless the open container is actually in the possession of a passenger, the open container shall be presumed to be in the possession of the operator, except as provided in this section.

(b) In vehicles such as vans or recreational vehicles subject to this section which have no trunk or other storage outside the passenger compartment, an open container of an alcoholic beverage may be carried if secured in a cabinet, utility compartment or other storage area which is locked with a mechanical lock that strictly limits the number of persons having access to the open container. This cabinet, utility compartment or other storage area shall not be opened while the vehicle is in motion.

(c) The provisions of this section shall not apply to passengers in or on taxicabs, vehicles for hire, common or contracted carriers or private vehicles driven on an employment or contract basis by paid chauffeurs holding class A, B, C, or D commercial driver's licenses. However, the driver of any such vehicle shall not possess, consume or handle any alcoholic beverage in such vehicle.

(d) The method of closing and sealing any drinking glass or cup which is filled with an alcoholic beverage at the point of sale shall be submitted prior to its use to the chief of police or his designee for approval.

(e) Whoever violates the provisions of this section shall be, on first conviction, punished by a fine not to exceed $100.00. Conviction for subsequent violations shall be punished by a fine not toexceed $500.00.

BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications and to this end the provisions of this ordinance are hereby declared severable.

BE IT FURTHER ORDAINED that all ordinances or resolutions or parts thereof in conflict herewith are hereby repealed.

Patricia G. Spigener, Chairman

Arthur G. Thompson, Clerk of Council

ORDINANCE NO. 126 OF 2000

AN ORDINANCE AMENDING THE 2000 DOWNTOWN DEVELOPMENT DISTRICT BUDGET AND OTHERWISE PROVIDING WITH RESPECT THERETO.

WHEREAS, the City Charter provides for the amendment of any previously-adopted budget; and

WHEREAS, the City Council finds it necessary to amend the 2000 budget for the Downtown Development District.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shreveport, in legal session convened, that Ordinance No. 169 of 1999, the 2000 budget for the Downtown Development District is hereby amended as follows:

Under Funds Available for Appropriation:

Decrease 1999 DDA Property Tax by $40,000.

Decrease Interest Earnings by $1,150.

Increase Streetscape Contract by $17,000.

Increase Program Assistance by $10,000.

Appropriate Other Income at $4,500.

Under Appropriations for 2000:

Increase DDA Administration and Programming by $1,850.

Increase City Hall Relocation Reimbursement by $5,000.

Decrease Contribution to Reserves by $16,500.

BE IT FURTHER ORDAINED that if any provision or item of this ordinance or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or applications; and, to this end, the provisions of this ordinance are hereby declared severable.

BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.

Patricia G. Spigener, Chairman

Arthur G. Thompson, Clerk of Council

ORDINANCE NO. 128 OF 2000

AN ORDINANCE DECLARING A PUBLIC EMERGENCY IN CONNECTION WITH REPAIRS TO THE SPORTRAN TERMINAL, AS WELL AS REPLACEMENT OF THE SPORTRAN TERMINAL CANOPY THAT WAS DESTROYED IN THE EASTER SUNDAY 2000 TORNADO, AND AUTHORIZING THE MAYOR'S OFFICE TO CONTRACT WITH THE ORIGINAL MANUFACTURER IN REPLACING THE CANOPY, WITH COSTS OF REPAIRS AND CANOPY REPLACEMENT TO BE BORNE FROM INSURANCE PROCEEDS.

WHEREAS, on April 23, 2000, a tornado heavily damaged the building within, and destroyed the fabric canopy that covers the Downtown SporTran Terminal, and

WHEREAS, immediate repairs were necessary to return the Terminal to safe operating condition, and to prevent further damage to the terminal building, and

WHEREAS, repairs have been made to allow the safe operation of the Terminal, although conditions still exist which create a hardship on operation of SporTran and adversely affects its customers. Customers do not have the protection from the elements that the canopy provided, although temporary small tents are in place to provide shade, and regular bus stop shelters have been temporarily installed to provide passengers some shelter from rain. The Terminal building is entirely covered by a tarpaulin in order to keep rain out. (The building was originally designed to have a canopy over it, and rain storms after the tornado caused a second round of flooding and water damage inside the building.)

WHEREAS, the City of Shreveport has an insurance policy in effect that covers all of the above temporary repairs, as well as the replacement of the permanent canopy, along with all the other aggregate damage that was done to City property besides the terminal, less a $50,000 deductible.

WHEREAS, the City of Shreveport has paid or is in the process of paying for repairs to the building from insurance monies, and

WHEREAS, the City has received two bids for replacement of the canopy, both of which appear to be valid, both of which propose to install the canopy essentially the same as it was new, and both of which propose to allow SporTran to continue operation during replacement, and

WHEREAS, Birdair, the company who originally installed the canopy, has provided the lowest bid, and has been recommended for award of the contract by the City's Purchasing Agent, after making an analysis of the proposals (attached).

NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Shreveport in due, legal, and regular session convened, that emergency action was needed to make temporary repairs to the Terminal, and that further construction is needed to replace the permanent canopy.

BE IT FURTHER ORDAINED that the Mayor's office is authorized to contract with Birdair for the replacement of the canopy, and that the costs of the temporary repairs as well as the canopy replacement be borne by the insurors, less any applicable deductible.

BE IT FURTHER ORDAINED that a public emergency is hereby declared and notice of such public emergency shall, within ten days thereof, be published in the official journal of the City of Shreveport proposing or declaring such public emergency in accordance with Section 38:2212 (D) of the Louisiana Revised Statutes.

BE IT FURTHER ORDAINED that if any provision or item of this ordinance or application is held invalid, such invalidity shall not affect other provisions, items or applications of this ordinance which can be given effect without the invalid provisions, items or application, and to this end, theprovisions of this ordinance are hereby declared severable.

BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict herewith are hereby repealed.

Patricia G. Spigener, Chairman

Arthur G. Thompson, Clerk of Council

UNFINISHED BUSINESS (tabled legislation):

Ordinance No. 211 of 1998: ZONING: C-64-98, QUERBES LAND CO; N side of E 70th St. between Sand Beach Bayou and Bayou Pierre from R-A to B-2 and B-3, shopping center. (C/Carmody) (Tabled on November 10, 1998 and Postponed on November 24, 1998)

Ordinance No. 54 of 1999: Creating a Police Department Citizens' Review Board. (A/Huckaby) (Tabled on August 10, 1999)

Ordinance No. 82 of 2000 by Councilman Serio: An ordinance amending the Code of Ordinances of the City of Shreveport relative to subdivision streets, and otherwise providing with respect thereto.

NEW BUSINESS: None.

REPORTS FROM OFFICERS, BOARDS AND COMMITTEES. None.

CLERK'S REPORT. None.

COMMUNICATIONS AND MISCELLANEOUS MATTERS.

The Council resolved itself into Committee of the Whole on motion by Councilman Shyne, seconded by Councilman Serio. Motion approved by the following vote: Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Burrell and Shyne. 7. Nays: None.

Motion by Councilman Burrell, seconded by Councilman Huckaby that the Committee Rises and Report and convene itself as the Council. Ayes: Councilmen Huckaby, Stewart, Carmody, Serio, Spigener, Burrell and Shyne. 7. Nays: None.

There being no further business to come before the Council, the meeting adjourned at 4:10 p.m.

Patricia G. Spigener, Chairman

Arthur G. Thompson, Clerk of Council