NEW ORLEANS – A French Quarter bar and restaurant is suing the Office of Alcohol and Tobacco Control for revoking their alcohol permit.
Fais Deaux Deaux Inc., doing business as Last Call, filed a petition to appeal a decision against the Office of Alcohol and Tobacco Control (ATC) in the Orleans Parish District Court on July 2, 2015.
Last Call is appealing a July 1, 2015 decision ruling against them for failing to meet all the conditions and qualifications of an Alcohol Permit holder.
Last Call claims that when they were found to be in violation of the signed consent decree needed to obtain an alcohol permit, they informed the ATC that they were making every effort to comply with the requirements. The plaintiff claims at the time they were unable to make 50 percent of its monthly sales from food rather than alcohol but that food sales were shown to be increasing and that efforts were being made to increase food sales.
The plaintiff alleges that its rights have been violated by the actions of the ATC when the commissioner chose to revoke the Alcohol Permit of the restaurant rather than suspend it, as is the minimum required by law. Last Call claims the ruling by the ATC was arbitrary and violated its right to equal protection through the ATC’s choice to selectively prosecute and enforce the law. Last Call notes in the lawsuit that its employees are now unemployed and that undue financial hardship has been caused on the owners who are still responsible for the lease but are no longer able to earn any income from that property.
The plaintiff seeks that the judgement rendered against them be reversed and an unspecified amount in the form of general and equitable relief to which the appellant feels they are entitled.
Fair Deaux Deaux Inc. is represented by attorney Stavros Panagoulopoulos.
The case has been assigned to Judge Tiffany G. Chase
Case no. 2015-06341.