0:00Call to order the Monday, December 22nd, 2025 sales tax hearing.
0:05We are going to begin at 1040 this morning.
0:13Good morning, Your Honor.
0:14Jeffrey Gates on behalf of the City of New Orleans.
0:18First hearing we have is docket number 03125.
0:26Permittee NRG New Orleans doing business as brewery say next and Devil Moon Barbecue.
0:36The permittee was served on 129, 2025.
0:41And I have not spoken to anyone from uh Devil Moon at this point.
0:48And who did you who accepted service on their behalf?
1:14Does it list what his participate or what is?
1:17Can I see the service?
1:28And how many times has entity been previously served?
1:34Uh I don't have the information with me right now.
1:40Fortuna was in some negotiations with Devil Moon at some point.
1:45Could you step forward, please?
1:54Could you explain to the judge the nature of the uh conversations that you you were having with uh Devil Moon with the chairman?
2:03Hearing officer, that's good hearing officer.
2:06My name is Karen Fatuna, and um our research with NRG, we discovered that they amended some of their previous returns after being notified that they were delinquent, but when they amended the returns, our office did not receive it.
2:29So we had all of this research to do, and we contacted them.
2:35They reached out to us.
2:37Um they are under audit right now, um, but nothing is resolved at this point from revenue, so we are still waiting to hear from NRG how they want to move forward because even if you amend the return, you're still delinquent and you're still in violation.
2:55Right, but we don't know to the extent of their violation and how far they are.
3:01They are under audit right now.
3:03So we don't know it is not complete.
3:05So we don't have we don't know the final extent at this time because it's still pending, correct?
3:12All right, so we're gonna continue this matter until and please work with them so that it's not being they're not being served and we're not wasting money if they're if it's not proper.
3:21If you're not ready to be in front of me, let's hold off on certifying them.
3:27So we will con uh I'm gonna continue without date, and you let me know after speaking with them when you're ready for them to be continued until thank you.
3:39Um the next hearing is 06125 permittee uh DPMJ doing business as Bijou restaurant.
3:49I think uh we have an attorney here.
3:51Yeah, good morning, Renee Fabre up here on behalf of Bijou.
3:55Um apparently we we weren't we weren't served anyway, but we were here just to request uh continuance to the next docket, which I think is January 16th City.
4:08We did not uh perfect service on them.
4:11Well we we uh continue we agreed to continue the uh hearing to the next the docket date and we'll waive service for the the next hearing date for a waiving service, yeah.
4:21All right, uh moving to the January and it's my understanding from the last time that we're trying to work out a uh consent, correct?
4:27All right, so you're gonna get my consent set up before you come see me in January?
4:53Doing business as PJ.
4:55Uh the permittee was served on December 9th.
5:00Is anyone here from PJs?
5:04Is there any representative for PJs present?
5:08Can I please see the service?
5:46Can we come back to this one?
5:52We will pass this one at the moment.
5:56Case number zero seven two five.
6:02Permittee the vault NOLA.
6:07Vault was not served, Your Honor.
6:09We're gonna ask that we're gonna ask that uh be mat uh the matter be continued to the next hearing date.
6:18I will grant the continuance to the next January 16th.
6:24You're gonna perfect service.
6:29Next hearing is zero seven three two five permittee one fourteen magazine operating company LLC doing business as West Best Western St.
6:42Um the permittee has signed an affidavit stating that they no longer sell uh alcohol.
6:49Um are you here for this matter, sir?
6:53Please come to the well.
6:59Not only have we not served the alcohol, we haven't served.
7:02Can you make a represent can you say who you are for the record?
7:05My name is Mark Dorsey.
7:06I don't think I would we want I was not served for this hearing, but I'm here in between doctors' appointments just to make a quick appearance.
7:13But um I we have not served any alcohol since 2018.
7:19We sought to renew a license.
7:24Um, but we never served.
7:27Then we the license lapsed, and we filed an application to renew it, but we would at which we have subsequently withdrawn because we know we don't need to serve LICO at this location.
7:41We've never made money doing it.
7:44I filed an affidavit to safety impairments.
7:47They all are agree and are aware that we have not served alcohol at this location.
7:52I we had this hearing last time, Mr.
7:55I asked him, sent him an email to ask him what do we need to do to resolve this.
7:59I have not really haven't heard the response.
8:03Um I I don't understand why we're here again, to be quite honest.
8:08We're not serving alcohol.
8:12And we we don't have an application.
8:15We don't want to do it anymore.
8:17What's the study's position on that?
8:19Um again, uh, we do have a signed affidavit says he no longer is uh so we're not going forward with the year.
8:40Yeah, I take those this isn't just to them.
8:56Doing business as Cornet.
8:58Um we're going to ask that this hearing be moved to the next hearing date.
9:06Attorney Gabrielle Wilson uh phoned in and said she was unavailable for this hearing, so we're going to move it to the next hearing date.
9:18Or request that it be moved to the next hearing.
9:23When was she retained?
9:24Are you when was she retained for this matter?
9:28Uh she phoned in Friday.
9:32I think she just recently started working with Bob Ellis, and he was handling the case.
9:38I'll move it to January 16th.
9:40Continuance is granted.
9:53Hearing number 07625.
10:00Zulu Social Aid and Pleasure Club doing business as social Zulu Social Aid and Pleasure Club.
10:06We have entered into a consent judgment with the permittee.
10:12Permittee is to pay $2,800.
10:18Starting to be paid 30 days after October 30th.
10:28October 30th of what year?
10:35And hasn't the 30 days already lapsed at this point?
10:38I'm not the greatest at math, but uh I think Halloween was a little bit more than 30 days ago.
10:46Yeah, you said December 19th.
10:50December 19th, they paid December 19th this year.
10:54It's due or it's due or has been paid on December 19th.
10:57It was paid on December 19th.
10:58So this is satisfied.
11:07All right, so we're, I guess this would just be closed.
11:11It's satisfied, right?
11:18So I'm gonna dismiss the hearing because it seems like it's satisfied, so it shouldn't be on my docket.
11:27This is hearing number zero seven seven two five.
11:31Um permittee Casa Honduras, doing business as Casa Honduras Restaurant.
11:38Uh we've we have entered into a consent judgment whereby Casa Honduras is to pay thirty-six hundred dollars, ninety days beginning December nineteenth.
11:55Tell me the due date.
11:56I don't want to know when I don't want to know the start date.
11:58Tell me the due date.
12:17December nineteenth.
12:42All right, I will grant the consent judgment.
12:44Thirty-six hundred dollars due in ninety days, which makes it due March nineteenth of twenty twenty-six for the amount of thirty-six hundred dollars.
13:03This is case number zero seven eight two five.
13:09Um decatur two zero h nine L L C doing business as two zero h nine.
13:18Um this permittee was served on twelve nine.
13:31Uh was the signatory.
13:33It's the detective that's oh that's the OS.
13:35This is the person that's oh, I can't make out.
13:39But this is a service sheet.
13:42Um I can't make out the signature on the uh, and how do you want to proceed on this matter?
14:15Um the city is gonna ask that the um that the entity, the entity that they be fined uh two hundred dollars per month as they have been delinquent for four months.
14:41And has anybody made contact with this office at all or this entity at all?
14:50Is this the first time that you've served them?
14:56Have we served them before?
15:00This is the first time.
15:01Well, we will continue this to January 16th.
15:03Please try and get a hold or of someone in that office to figure out or at this entity.
15:24Moving on to case number 07925.
15:28Um the permittee is Zwan to win.
15:34Uh doing business as neighborhood discount supermarket.
15:39Uh Mr Twin is present in the building today, and uh we have entered into a consent judgment whereby he is to pay $800.
15:54Um, as is delinquency.
16:21And what did you say the permittee's name was the permittee?
16:27Did you know the represent the representative for this?
16:39I'm the representative.
16:41Okay, so you're representing him.
16:44And so you're happy and content with this consent judge.
16:48Are they happy and content with this consent judgment?
16:51All right, I will grant it then.
16:56What was that due date?
17:06Moving along, case number 08025.
17:11Permittee, the recenter doing business as C cave Nola NOLA.
17:18We have entered into a consent decree whereby the permitte will be fined 2800 dollars, which will be paid within 90 days from December 2nd.
17:37We have a represented representative from uh C Cave NOLA here present.
17:48From today's good morning.
17:50Can you make your say your name for the name's Judah Lee?
17:56Dudley, you're content and willing and happy and willing to pay 2800 due within the next 90 days.
18:03All right, I will sign your consent judgment then.
18:08Uh next hearing is 081-25 permittee sole cafe doing business as Soleil Cafe.
18:23Um this permittee uh has a total of 42 months delinquency.
18:31Uh the permittee is here present in court with her attorney, I believe.
18:35And I think they wanted to uh good morning.
18:42Good morning, attorney David Bellfield on behalf of Solake FA.
18:47What tell me your last name one more time?
18:49B E L F I E L D, David.
18:53I'm glad you knew I was going with that.
18:55All right, City, what's your position?
18:58Uh I think they wanted to address uh some issues with their uh with their permits, so uh I'd like to give them opportunity to express to you what they're right, but I want you to tell me why they're here first.
19:13This is your position.
19:14Well, they're 42 months delinquent.
19:19Uh apparently the permittee said she was having some problems.
19:23Right, they can tell me that.
19:25So, what is your position or what did you offer them before they came today, if anything?
19:30Uh a fine of 200 per month times 42 months.
19:43One um Sole in 2022 applied for uh renewal of their permit.
19:52Pay the applicable fee, and to date, we have not heard anything back from that application in 2022.
20:01Uh there have been uh obviously Miss Umley continued to operate.
20:10Um thus we have the the number of months of delinquency, some of those months we they weren't even operating, but we don't know what happened to our application for renewal.
20:21We don't know what happened to the funds that were paid for the renewal.
20:25We never got the funds back.
20:27So certainly that ought to be taken into consideration in terms of any funds that maybe due to city of New Orleans, which we want to make sure that the city of New Orleans gets all of the money that it's due.
20:38Um secondly, we're regarded to the 200 a month.
20:42I think the code allows from 100 to a 500 uh fine minimum of 100 up to 500, and we would obviously ask for the minimum, which would be 100 for the 42 months.
20:57Thirdly, we would we're seeking some sort of a payment arrangement, perhaps over a 12-month period equal installments over 12-month period beginning in January to pay the city there monies as due, and obviously we need a consent judgment to go forward so that we can get our permitting in place and continue to operate.
21:22Hey, how are you doing Philip Hampton Department of Safety permits?
21:25Um the renewal application.
21:26I can't, I'm sorry, I can't hear.
21:29Just move the mic closer to you, I think.
21:31All right, you email now.
21:34All right, June, the application was submitted June 20.
21:39June 23rd, 2022, and we sent correspondence on June on June 28th and June 29th of 2022, stating that the state tax claims was expired, and January 10th of 2024, we sent an email saying the application has been closed due to failure to find two comments.
22:02And how did you send those correspondence via email to should I say it or just ask uh to view the email?
22:12You can ask them to view it.
22:14I'm not gonna write it down.
23:08Yeah, I think it's got an email, some insurance.
23:10Right, the applicant stated that that is their email, but they say they they didn't receive it, but it was sent to that email.
23:17In 2022, yes, ma'am.
23:20On June 28th and June 29th of 2022, and again, the African did say that that is their email that we sent an email to.
23:28Additionally, suggesting that Sole did not have the ATC permit, and we do we did that.
23:43I've I've had my ATC up until the most recent renewal, which I couldn't renew because I didn't have my ABO.
23:49Yeah, so the state just required that for this renewal season where you must have your city ABO.
23:53Um, so that's why it probably was caught this time.
24:01How much of your business uh is the sale of alcohol?
24:07It's not significant.
24:10This is a brunch spot, lunch spot, dinner and all meal spot.
24:15We're we're technically a full service restaurant, but we're pretty much open um for lunch and dinner.
24:29So I'm just back up a little bit.
24:34So in 2022, when we reapplied, and then follow up, you didn't receive follow-up correspondence or you didn't.
24:44I just want to add to it, uh, we also sent an email just for the reminder on August 19th, 2025 of this year.
25:02You knew that it had expired or lapsed, and then but we continued to operate knowing that it had lapsed and you weren't in proper standing with the I came down to City Hall and spoke with both Wheeler and Phillip on um numerous occasions, and I was told that the reason it wasn't being renewed at that time was because there was some holes on my account, but no one was ever clear about what the holes were.
25:27And I I emailed and I talked to them.
25:29I also talked to a miss to Jackson.
25:32I I came down there several times in 2022 and 2023 to try and clear up anything.
25:37And the only thing I kept being told at one point was it was like a noise violation or something, but I didn't understand why that was holding up my ABO.
25:45And was there a noise violation?
25:53Yes, there was a noise violation from June 2nd, 2021, but that was previous to the application being submitted.
26:01So was what were the holds on her account then?
26:04So there were no holds, there were just flags on it for um a restaurant operating as a live entertainment or a bar.
26:10But however, this is directly to the ABO renewal application that was submitted June 23rd, 2022.
26:35City you're done as well.
26:52The application fee that was paid in 2022, what happened to that?
26:57Yes, actually, I I wanted to know that as well.
26:59Where what happens to the application when it's not closed out or properly done?
27:05When y'all closed it, what did y'all do with her money?
27:07So the application fee is non-refundable.
27:10It's dated on the uh renewal application.
27:24Can that application fee be applied now?
27:28How much is the application fee?
27:30The application renewal fee, a renewal fee was $1,000, but we do not have the renewal application fee anymore at this moment.
27:37Um but they did pay $735 on June 28th, 2022.
27:45Um again, we closed it about a year and a half later, so we kept it open for them to reply.
27:56How many owners own this establishment?
28:00And how many employees do you have?
28:04Like three part-time employees, correct?
28:14You are asking for 42 months.
28:23That's about what, $8,400 is what you're asking for?
28:49All right, so um, I got a couple things here, right?
28:58Um in keeping with what we have done in the past for other entities that may be in the same situation.
29:08I'm not going to waive the whole thing, so please don't start yelling at me about waving the whole thing.
29:13That's not gonna happen.
29:14So get that out the way now.
29:17I know we have a hundred dollars to five hundred.
29:20I know the city is asking for two hundred.
29:24What I'm going to do is a couple things.
29:44I will um she how much did she pay?
29:4873 735 dollars minus the renewal application fee of 1,000.
29:55So she paid like 1700?
30:00Oh y'all got me doing lots of math today, and I promise y'all I went to law school to not do math.
30:06Okay, so I'm going to apply half of what you paid to what is due, which would be $866.
30:16I'm also going to cut, I'm gonna meet y'all in the middle.
30:20Um you're asking for $100, you're asking for 200.
30:22I'm gonna do a $150 a month for what's remaining.
30:25So that's $42 months times $150 is $600,300.
30:32Subtracting that $866, your total is gonna be $5,434.
30:57Can she still get her license if I order it, or she needs it to be a consent judgment?
31:02Could you repeat that, please?
31:04They said they needed a consent judgment in order to get her license up to date.
31:08If I order it, can she still get her license up to date?
31:12Or it needs to be a consent judgment.
31:14Um if it's from you, I think it's a judgment.
31:17Um, but yeah, she needs to also just apply for the renewal application and we can go from there.
31:23I can't hear words he's saying about it.
31:25It's all right, he answered my question.
31:26He said that he can still either I order it or it's a consent judgment.
31:30Either way, she can still pay the fees to get her license up to date.
31:35No, we're doing a renewal of the license, correct?
31:37Not a new application.
31:39Uh if you fail to renew, uh pass the annual due date of June 30th of every year, you have to put a new application in.
31:46But once you submit, we will send you all the comments that you need to um renew your application.
31:51So will it be a new it will be a new one for this time?
31:57It's a renewal contain the same name, but they have to submit documents as if it was new, according to the codes.
32:03And is the pri and how different is the price?
32:05Uh the price is gonna be the same.
32:08High and low content.
32:10So it's a complete new application.
32:12So it's a completely new application.
32:16You're gonna fill out from my understanding, you're gonna fill out the form as if it is a new application, but then they will know that a lot of the documents already in their system.
32:23They will then provide you a checklist of what they need for it to then technically operate as a renewal because they already have a lot of documents in the system.
32:31Do you understand that correctly?
32:35It'll be like a leak.
32:38And the flags are double.
32:41Are all her flags and holds on her account clear to date?
32:59Uh there's one zone in violation that we will email, and it's just concerning uh what I briefly stated live entertainment, loud noises.
33:07But that will be addressed in the renewal.
33:10We don't have any value.
33:13If you just address it when they come, but just know that if you end up having those violations come in front of me too, correct?
33:21If we get to that point, so let's take care of that early on so you don't have to come back and see me.
33:29So how long do you think you need to what is a reasonable time to pay $5,434 on top of the whatever licensing fee you're gonna have to pay?
33:41I want you to give me a reasonable time period.
33:46We had asked for uh instalment over a 12-month equal installment payment, if that's acceptable to the city.
33:53What is the city's position on that?
33:59Oh you got some else to do that.
34:06Yes, I'd just like to make note uh when you pay that, pay that to the Department of Safety permits.
34:11Um we don't do installments as long as you just pay it all before the due date of 12 months.
34:20Don't do installments, but it all needs to be paid by December of 2026.
34:26So we just make one payment on December 2026, so not send the money in monthly like we won before.
34:32We long as you send all in, uh we don't take it fine.
34:38All right, so the that onerous is on you guys now.
34:40So don't come back to me in December talking about you couldn't make this because the money went somewhere else.
34:46Because there I guess the city is not gonna accept it installments, correct?
34:50So I'm gonna leave that up to you, council on that one.
34:54Um anything else to be added?
35:01Anything else to be added?
35:04Are you gonna prepare me a consent judgment?
35:07All right, so he'll compare the he'll get the consent judgment over, okay?
35:10Do anybody want me to finalize the terms one last time, or everyone's good?
35:20And with the exception of the uh service sheet for PJs, Your Honor.
35:24I think that concludes the docket if you want to review if you wanted to go back to the unit.
35:31We have another one.
35:41What number is that on the document?
35:44Change one number three.
35:46We have to go back to that one.
35:51Um, just for to clarify the record.
35:55Um on hearing number one, permittee NRG New Orleans, uh Brewery St.
36:05Um, we have an address of 1100 Gerard Street.
36:12However, it's suite 101.
36:22All right, thank you.
36:26And number three on the docket, uh, again, the permittee was served on 129, and we do have uh the service sheet if your honor would um if you would like to review.
36:40Yes, but please don't need to see judgment.
36:59We got two of them we needed.
37:04I'm gonna have to call them.
37:05What what alcohol does PJs serve?
37:08This is like a PJ's coffee.
37:11Yes, they uh obtained uh like a license.
37:17Um I'm not, you know, uh maybe they got some new incoming things to the menu, but I don't know that they serve alcohol.
37:28Spike the call fee or the drinks that they serve.
37:33Unless not look that far on the menu.
37:35I'm gonna have to go.
37:39Okay, um I'm gonna continue it to the January docket, and let's see if we can try and get a hold of somebody from PJ's and figure out what they want to do about their spiked coffee.
38:22That concludes the docket today.
38:23That does conclude the docket.
38:25Uh however, we were supposed to sign the consent judgment.
38:28Uh we were going to draft.
38:29However, let I'm going to check to see if uh part is let's address this before you go.
38:34Um, because you can always email it to him and I can sign it on a different date.
38:38I we received this summary judgment fine from hearing number 3325 T X.
38:46I know that you received a copy of it.
38:48It was before your time here.
38:57You see it in front of you.
38:59I'm gonna um so Rhonda Miller executed this consent judgment with your office.
39:12Looks like the amount was paid, shall be paid within 180 days of June 16th, 2025.
39:18When was that 180 days concluded?
39:26Can we check to see what I'm doing?
39:48So it would have been the it would have been December 13th of 2025.
39:54I guess they just decided to put it on our December docket.
40:02Well, I guess for the record, we can acknowledge that we both parties are in are in receipt of their letter, documenting that they cannot pay this.
40:16No one came today, so I'm not of any obligation to have anything to do with it.
40:22So your office or whoever can proceed with unless somebody contacts you between now and January 16th.
40:33I can't really do much with this at this time.
40:38So I just want to acknowledge that we're in receipt of them.
40:41Indicating that they are no longer in operation.
40:45However, that does not re does not alleviate the fact that they entered into a consent judgment in this amount.
40:54So they couldn't do it.
41:01Just for the record, this is to notify the New Orleans Alcohol Beverage of Control that the business Acadia Restaurant Service doing business as Evangeline was forced to cease operations in August of 2025.
41:17Sincerely, Rhonda Miller, as the owner, and this is dated December third of twenty twenty-five.
41:24And we received a December tenth of twenty twenty-five, as I previously stated.
41:41Yeah, we'll uh in that instance uh we'll add them to the nuisance docket for the next hearing.
41:54With that in mind, we will adjourn our hearing at eleven twenty-one.