Legal & Prosecution


 

The legal division handles all ATC legal matters, including but not limited to, appeals, prosecution of administrative violations, responsible vendor violations, permit suspensions, public records requests, oppositions, and beer cash and liquor credit regulations.

It is the responsibility of the Legal division to counsel the Commissioner and the ATC divisions on interpretation of the Louisiana Alcoholic Beverage Control Law and Regulations. The Louisiana Alcoholic Beverage Control Law and Regulations are contained in Title 26 of the Louisiana Revised Statutes and Part VII of Title 55 of the Louisiana Administrative Code. A current version of both titles and other relevant statutory sections are available in the ATC Law Book.

 

 

Legal Division Staff

 

  • Chief of Staff / Senior Attorney - Ernest Legier Ernest.Legier@atc.la.gov
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  • Attorney - Brett Bonin Brett.Bonin@atc.la.gov
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    Administrative Violations and Hearings

     

  • When a licensee is issued an administrative ticket by an ATC enforcement Agent there will be a hearing date listed on the ticket.
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  • The licensee will also receive an official Notice of Violation and Summons to Appear approximately between 10-30 days prior to the hearing date listed on the ticket. The Notice of Violation will provide a description of the charges, the date, time and location for a hearing, and an assessed fine amount (if available).
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    (Note: these notices are sent to the mailing address provided to ATC on the permit application. As such, it is extremely important to ensure that your contact information remains up-to-date with ATC at all times).

     

    Many violations are assessed fines. When assessed a fine the licensee has the option to pay the fine and avoid attending the scheduled administrative hearing. All assessed fines must be paid by 4pm on the day before the scheduled hearing date or attendance at the hearing is mandatory. When a payment is received the case is placed in closed status.

     

  • Individuals choosing to pay an assessed fine may do so in person or by mail to one of the following:

    ATC Headquarters – 7979 Independence Blvd. Suite 101, Baton Rouge, LA 70806 (Attn. Legal)
    ATC Region Office – 1638 Creswell Extension #3, Opelousas, LA 70570
    ATC New Orleans Office – 1450 Poydras St. Suite 850 Benson Tower, New Orleans, La 70112
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  • If an assessed fine is not stated on the Notice of Violation and Summons to Appear then attendance at the hearing is mandatory by an owner of or manager of the licensee who has been certified and is on record with ATC.
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  • Continuation Requests must be submitted faxed to (225)925-4747 or emailed to Lorie.Hebert@atc.la.gov at least 2 days prior to the scheduled hearing date.

  • The standard schedule of dates/times for ATC administrative hearings

     

    Note: Any licensee that received a citation may bring witnesses and/or documentation to the hearing that they deem useful. Licensees may hire an attorney, but there is no requirement to do so. Hearings will begin promptly at the times listed below, unless otherwise notified:

     

    Baton Rouge Hearings are on the Second Tuesday of each month for businesses  that received citations in any of the following parishes: Acadia, Allen, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, Concordia, DeSoto, East Carroll, Evangeline, Franklin, Grant, Iberia, Jackson, Jefferson Davis, Lafayette, Lasalle, Lincoln, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, Richland, Sabine, St. Landry, St. Martin, St. Mary, Tensas, Union, Vermilion, Vernon, Webster, West Carroll, Winn

     

    Location:             Louisiana State Police Headquarters                        Time:    10:00 a.m. – all servers

    7919 Independence Blvd                                                              12:00 p.m. – all businesses

    Baton Rouge, LA 70806                 

     

    New Orleans Hearings  are held on the Second Wednesday of each month for businesses and servers that received citations in any of the following parishes: Assumption, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, Terrebonne.

     

    Location:             ATC New Orleans Office                                                               Time:    10:00 a.m. – all servers

                                    Benson Tower                                                                                   10:30 a.m. – all businesses listed above

                                    1450 Poydras Street, 11th Floor

                                    New Orleans, LA                                                                 

     

    Baton Rouge Hearings on the Second Thursday of each month for businesses that received citations in any of the following parishes: Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, St. Helena, St. Tammany, Tangipahoa, Washington, West Baton Rouge, and West Feliciana

     

    Location:             Louisiana State Police Headquarters                        Time:    10:00 a.m. – all businesses

                                    7919 Independence Blvd                                                                                                                             

                                    Baton Rouge, LA 70806

     

    However, hearings may be held on additional dates and time at the determination of the Commissioner.