from the Fourth Judicial District Court for the Parish of
Ouachita, Louisiana Trial Court Nos. 2014-0001; 2015-3928
Honorable Alvin R. Sharp, Judge
LAW FIRM By: Mark J. Neal Counsel for Appellant.
S. SUMMERSGILL Counsel for Appellee.
BROWN, MOORE, and CARAWAY (ad hoc), JJ.
J, concurs in the result only, finding that the record as a
whole provided evidence sufficient to support the City
Council's action and the district court's judgment.
Point Proven, LLC, appeals from the trial court's
judgment that affirmed the City of Monroe's denial of
plaintiff's renewal application for an alcohol permit. We
1944, a bar was established at 1026 N. Sixth Street in
Monroe, Louisiana, called Duffy's Tavern. This is located
in a residential/ commercial area. In the 1980's, the
business began to operate as a night club. In 2013, the club,
now called Sixth Street Saloon ("the Saloon"), was
sold to Point Proven, LLC. On May 23, 2013, the Monroe City
Council ("the City") held a meeting and one of the
issues that they addressed was whether to grant Point
Proven's request for an alcohol permit. The City advised
Point Proven that the previous owner had operated the club in
a manner that upset local neighbors during the years of 2010
through 2012. The City admonished that Point Proven must take
steps to clean up the club's practices, or they would not
renew the alcohol permit during the council's next
scheduled meeting in December 2013.
December 23, 2013, the City had its scheduled hearing and
voted not to renew Point Proven's alcohol permit for
2014. At this hearing, the Monroe Chief of Police confirmed
that a firearm had been discharged inside Sixth Street Saloon
in July of 2013. Moreover, the City also reviewed a police
report showing that a Monroe officer responded to a noise
complaint against the Saloon. Subsequently, Point Proven
filed a petition for damages and an appeal to the District
Proven filed a motion for summary judgment. Point Proven
argued that the City did not produce any evidence showing
that Point Proven violated any of the provisions of the
Louisiana Alcoholic Beverage Control Law. Therefore, Point
Proven submitted that the City's denial of its alcohol
permit was arbitrary, capricious, improper and unlawful. The
City responded that a de novo trial was necessary to
complete discovery and to examine witnesses, specifically the
local neighbors of the Saloon.
12, 2014, Point Proven and the City reached an agreement. The
City agreed to issue Point Proven an alcohol permit subject
to the following terms:
For the next sixth months. In December, 2014 when liquor
permits are again authorized, the City of Monroe will issue
the same permit to Point Proven, LLC . . . For the year 2015,
unless during the re-permitting process for 2015, it is found
by the Monroe Police Department that the owner of the
premises is not Otherwise Qualified as per
applicable law. (Emphasis added).
exchange, Point Proven agreed to address the City's
concerns. These steps included installing "double doors
or other appropriate doors" to ensure its entrance was
insulated, as was reasonably possible, to reduce any loud
music. Additionally, Point Proven was required to employ no
fewer than two private security guards to ensure against the
possibility of drunk or disorderly patrons urinating in
parking lots and residential neighboring yards and to ensure
its patrons did not engage in acts of nudity or sexual
activity inside the bar or its parking lot. The judgment
further required Point Proven to ensure, through use of
security guards, that there would be no unlawful parking ...