OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

New Orleans City Board Hearing on ABO Appeals and Ratifications - June 30, 2026

City CouncilTuesday, June 30, 2026
BodyNew Orleans, Louisiana
SessionCity Council
DateTuesday, June 30, 2026
StatusNEW · FILED
Video Record
0:00 / 1:32:03
Transcript — Verbatim
0:00

A rule call.

0:11

Roll call.

0:13

Williams.

0:14

Present.

0:15

Hans.

0:16

Present.

0:17

Expose.

0:18

President.

0:19

Lewis.

0:20

Nash.

0:21

Present.

0:22

Gali.

0:24

And Quinn.

0:26

We have four board members present, and we have constituted a quorum.

0:31

Budget beliefs, led by Ms.

0:33

Molly Power.

0:37

I can't give them.

1:00

At this time we yield to the city attorney.

1:03

Yes.

1:04

We have an appeal from Anne Fawn, owner of the Newton corner market at 1600 Newton Street.

1:10

We'd ask that they come up and speak first, and since they have the burden approved, they filed an appeal.

1:14

Could you speak up a bit?

1:15

Oh, I'm sorry.

1:17

Yes, there's an app an ABO appeal from An Fawn, owner of the Newton corner market looking at 1600 Noon Street.

1:23

They filed an appeal, so we'd ask that they come up and speak first, given they have the burden approved here in this matter.

1:37

Okay.

1:39

Ms.

1:40

I'm sorry.

1:43

I received an email, and she stated that she received a temporary permit.

1:49

So I don't think she's gonna be at the hearing today.

1:54

Okay.

1:59

So would we like so are we looking to continue this?

2:07

Yeah, I think we'd ask for a continuance because there is still property taxes.

2:12

Um real estate and business personal property tax are still owed.

2:16

The matter of the ABO is just a temporary.

2:21

So this business was issued a temporary ABO for 90 days that expires, I believe, September 9th.

2:27

However, uh they have outstanding real estate property taxes that they can appeal to the ABC boards for the annual ABO.

2:37

So how long are you looking to continue it for?

2:42

Yeah, so the next docket to July 29th.

2:46

Okay.

2:48

Is there a motion to continue?

2:51

Uh the questions.

2:54

I'll make the motion to continue this until the July 24th, 2026 docket.

2:58

Second.

2:59

It's been properly moved and seconded.

3:01

Those in favor respond by saying aye.

3:03

Aye.

3:04

I have it, motion still audit.

3:08

Will you all prepare that judgment and let them know?

3:11

Yes.

3:12

Thank you.

3:17

In the next matter, we have is an ABO appeal from um Brian Colvey, owner of the Shamrock Bar and Grill.

3:23

Um again, we would ask that he come forward and speak since he asked for the appeal.

3:28

Since he has the burden approved.

3:50

Yes, sir.

3:51

I'm sorry.

3:52

Could you state your name and your capacity and what capacity you're presenting to us?

3:59

Ryan Colve, owner operator, shamrock bar, grilled in games.

4:04

All right.

4:06

So this is your appeal.

4:08

Yes, ma'am.

4:09

Correct.

4:10

So the floor is yours.

4:11

Okay.

4:13

Um I have some photos of the bar that I wanted to give to you guys so you can kind of see what we're what we've been working on.

4:21

Uh in the past.

4:32

So basically, set September 2024.

4:35

This the city uh came in and did a inspection on Shamrock and shut us down for code violations.

4:42

Uh it was like extension cords, exit signs, uh, hood system, just just all kinds of it's uh.

4:52

I have that inspection report with me.

4:56

So they shut us down, and since then we've just been working on remedying the code violations.

5:04

Let me give you the so on when they shut us down, they they cited us for like maybe 15-16 items.

5:22

Some of them were quick fixes like extension cords, and some of them were more involved, like the sprinkler system needed to be updated, the hood system needed to be updated, the fire fire alarm system needed to be green tagged.

5:35

And so we've been going through all that process since then.

5:41

Uh I have renewed all my permits the entire time.

5:46

I've I've paid rent the entire time we've been closed, utilities right now.

5:52

I have every single permit to open video poker, health department, city occupational, state liquor license, and my most recent New Orleans ABO expired May 31st, about six weeks ago, so I basically trying to renew this 2026 ABO permit, so we were we were hoping to open in July, but five six weeks ago they said my uh they were denying the renewal, and so uh I did renew it in 2025, no problem.

6:38

They didn't say anything about your taking too long to do your code violations or you know, because it's it costs money and I'm doing the work myself, like most all the work, me and like a friend a couple of my friends.

6:52

Uh so between paying paying rent and utilities, you know, I try to do X amount of work as I go.

7:00

I do have my Home Depot uh receipts with me.

7:03

I'd like to give you these.

7:13

Actively uh working on the bar.

7:20

Did code enforcement give you a timeline as far as remedying the code violations?

7:25

No, sir.

7:26

If you if you look at the code violations on the very last page, it says they'll come back and re-inspect in like a month or so, or to call, but there's no deadline to finish the uh to comply.

7:41

It was just it was they just said to call when you were ready.

7:48

So since we were coded shut us down, uh, I went ahead and decided to repaint the bar.

7:56

You'll see by those pictures, it's all new paint.

7:59

That takes forever because you gotta do like two coats of primer, two coats of paint, polyurethane.

8:04

It's a very paint paint.

8:06

The bar is 16,000 square feet, so it's like I'm trying to renovate 10 houses at once by myself, like paint clean.

8:15

We're on the third floor.

8:18

Uh so anything we bring up, stairs like plywood, pool tables, refrigeration, we've got to go up three floors with it.

8:25

We use a forklift in the back.

8:27

So it takes time to do all these types of things.

8:32

You'll notice by the pictures, you know, we I replaced all the uh bar coolers behind the bar, all the equipment in the kitchen's been replaced, and it's been like one project, like getting the old equipment out.

8:47

Uh the health department wanted us to paint the walls, paint the ceiling.

8:51

We did we did all that.

8:54

Um they shut us down uh for the code violation.

9:01

They also said we we didn't have a 2024 ABO permit, but I do have my check that I made out to the ABO for that permit, and they just they never sent me the permit in the mail, and I called the ABO office uh a couple of times a month, and they just said they they were backlogged.

9:20

And so finally, when we were shut down on September 4th, 2024, they emailed me September the same day.

9:26

They said the reason your ABO wasn't renewed that time was because I owed a ninety-dollar lake fee.

9:34

But they never told me like the whole time I was calling and asking them, you know, but I just have my receipt for that permit.

10:01

I'm a bit confused.

10:04

Um you said that I'm reading the verbiage in your uh your message.

10:11

You said that the ABO decision was not to renew your 2026 permit, is that correct?

10:18

Right.

10:19

I I went in to renew it and they just said it was uh had to appeal.

10:24

But when you sent the check, it was a different response.

10:28

Uh I didn't pay.

10:29

Okay, I didn't pay for the the current license because they had it on hold.

10:33

So I you don't pay until they actually approve the twenty twenty-six permit, but the the one that I paid for that I gave you was in uh 2024-2025.

10:44

Okay.

10:45

Because when they shut us down, they said you don't have an ABO permit on display, but I paid for it.

10:50

They just they never mailed mail it to me.

10:55

So do you have a time frame where you anticipate having the repairs made?

11:00

Uh it it would take me about two more months to finish everything.

11:05

We did have a we did have a setback with the state fire marshal.

11:10

They were supposed to come in and approve the hood system, and they didn't call and let me know they were gonna do their inspection, so I wasn't there when the fire marshal got there.

11:20

Nobody was there to let him inside the bar.

11:23

So he got he got mad and he he actually yelled at me on the phone for not being there, and he said he was gonna write us up for a lot of stuff.

11:31

So we went from a hood inspection to he wrote me up for 17 other random things he could just throw on there.

11:39

He he said he was gonna try to uh derail the project is what he told me on the phone.

11:44

He goes, I'll make sure you don't ever get a permit to open.

11:48

Is what he said.

11:49

Have you been in touch with code enforcement?

11:51

Yeah, I signed into the anticipated date of completion.

11:55

Yes, I I have talked to uh Prince Prince, Mr.

11:59

Prince.

12:00

I his name's on that form, Mr.

12:02

Prince.

12:05

Uh do y'all still have the uh first uh documents that he are y'all done with them?

12:11

Sure.

12:12

Okay, yeah.

12:17

I also have a bar on the West Bank called Murphy's.

12:22

So I've had that for 30 years open.

12:26

So some times when I'm trying to work on Shamrock, all of a sudden I've got to go to Murphy's and fix the toilet or something, so it's like I I can't, it's not like uh haven't been able to do it uh every single day of the week to to work on everything, but I wanted to get open uh in July or August, but when they didn't renew this ABO permit, I was I'm kind of stuck right now.

12:52

I've been paying my rent to my landlord for over a year and a half.

12:57

I've been paying all my utility bills, my water bill, it's excuse me, my my Cox cable bill, my proper my my new Orleans property tax.

13:06

I I paid that.

13:08

So we're just if I can get this ABO permit because kind of hard to go forward knowing that if we can't sell uh beer like we used to, it's like uh I don't I don't know if Shamra I can survive not selling, you know, just selling coke and water.

13:24

I don't know.

13:32

Okay, I haven't asked.

13:34

I haven't asked for the city attorney's office.

13:36

Are you able to provide the board with copies of your decision to not renew um the ABO permit for 2026?

13:43

Oh oh I I I applied.

13:45

I applied to renew it.

13:46

They just didn't approve it.

13:48

I understand that.

13:48

I'm asking the city attorney's office whether or not they have an A possession copies that they can provide to the board.

14:00

Yes, we can print out the journal notes for you if we'd if you like to get a copy of it.

13:54

Yes, we can print out the notes for you if you'd like to get a copy of that.

13:54

I think that would be extremely helpful for the board if we had copies of that.

14:11

We would also for ask for a chance to be heard as well because we think there are a couple issues we can clear up as well.

14:16

Certainly, I'm sure you would have an opportunity to speak.

14:19

Yes.

14:20

So as far as the appellate, is there anything else you would like us to consider at this time before we hear the city's position?

14:28

Uh uh my landlord wanted to to say a few things, and I've got an um I have a little petition of the rest of the businesses that are underneath Shamrock and in the shopping center next to us, they all support us getting up getting back open.

14:43

I wanted to give that to you guys.

14:52

Uh uh my landlord wanted to say something.

14:55

Uh Yasmin runs the clothing store underneath us, and and Lawrence works works for me.

15:01

So they just wanted to say something on the bar's behalf.

15:08

Uh hi, my name's Clark Last name Hebe.

15:10

I represent the owners of the landlord four pin standing.

15:14

I just wanted to talk on Brian's behalf and say, you know, while he's very modest in his presentation, he's been a very important part of our center.

15:21

Uh he actually occupies 17,000 square feet, which is 25% of our center.

15:27

And certainly in today's environment where we've got so many businesses closing, I would hope that we can do what we can to get him open and get other businesses open because we as a city certainly don't need a 17,000 square foot vacant building uh for leash in mid-city right now.

15:43

Uh he has been an excellent tenant since 2009, hasn't missed a rental payment.

15:48

Part of his woes right now is that you know he's bootstrapped, he's continuing to pay us rent, which we need the rent because we've got to pay our taxes and insurance.

15:56

We pay over 108,000 a year in property taxes at that location.

16:00

We pay almost as much in insurance a year, and he's as I said, he's a super important part.

16:06

He occupies 25% of the center.

16:08

While he's continuing to pay us, he's also trying to clear up all these code violations and delays, you know, I would hope would not destroy his business because he'll have to close.

16:18

And I don't know what we would do with our space or our center.

16:21

We've got a mortgage to pay.

16:22

Um, we've got financial obligations.

16:25

Uh he brings energy, he brings traffic to the center.

16:27

Uh as other tenants are gonna say, you know, their sales go up when Brian's open.

16:33

That's just what I have to say.

16:35

Thank you.

16:38

How are you doing?

16:38

My name is Yasmin, and I'm one of the owners of the businesses in the strip mall.

16:42

And I speak on behalf of all of our tenants, all the six tenants.

16:46

Our sales went tremendously down after Shamrock left.

16:50

So sales is is the main thing.

16:52

But also I wanted to talk about safety.

16:55

Like when Shamrock was there, everything was lit up.

16:58

The police were always driving around.

17:00

Um, we were able to stay open late.

17:03

Uh, it was just bringing in people, he has tournaments that bring in people from other states, other cities.

17:09

We were getting people that, you know, it was a chain, people coming in, buying from him, written cars, getting hotel rooms.

17:14

Everything was way better.

17:16

Ever since Shamrock closed, we don't even know if we can afford to stay in business.

17:19

Sales were less than 50 percent.

17:27

I'm sorry, I do have one other thing to say.

17:29

As you can see from those pictures, he's so much more than a bar.

17:32

He's an entertainment venue.

17:34

He's got over 30 pool tables, he's got dartboards, he's got ping pong.

17:38

I don't think there's another place in Orleans Parish where you can go host a pool tournament.

17:42

So it it in my mind it's so much more than just a bar room.

17:46

Thank you.

17:51

Hi, I'm Lawrence.

17:52

Um, I work for Mr.

17:53

Bryan.

17:53

He's been a good person to me for a long time.

17:56

Um, I'm a property owner in the area too.

17:58

And actually, you know, um, ever since it's been shut down, it'd been like uh a little crazy in the area, but everybody's support.

18:06

Everybody support the businesses in the area, and I would say that ever since it closed, it kind of changed my life because I have a lot of kids and I work seven days, seven nights, I work three jobs.

18:18

I'm a landlord in the east, I take care of my family.

18:21

This man has been helping me, and he did everything he could as a property owner in a in a bus.

18:26

And he takes care of a lot of people, and you know the complex is like family oriented, and ever since it shut down it been like a dull cone, and a lot of people miss it.

18:35

It's a lot of revenue.

18:29

It's a lot of people that's bringing stuff in.

18:38

Um it's a lot of people that have entertainment, and you know, like by being closed, a lot of stuff changed, and you know, it kind of changed my life.

18:46

You know, it went from a hundred percent to 50%, and I'm out here trying to work different jobs to try to support.

18:54

And it's it's kind of crazy, but good person.

18:59

Everybody been real real nice, everything been renovated.

19:04

Um I do a lot of the painting, a lot of the repairs.

19:08

Um, I do mostly everything I could.

19:10

I work seven days, seven or nights, and when I tell you that he's been good to me and everything that's been real real official.

19:18

Like, you know, and we just waiting because it it changed a lot for everybody, you know, like um a lot of sales went down, a lot of people really not really making it no more.

19:27

Like a lot of business around that, you know, like they like really rely on us because, you know, like a lot of people come there, entertainment.

19:36

You know, keep a lot of people from doing a lot of bad, you know, outside activity shouldn't affect no business and no weight in New Orleans, you know, because people gonna, you know, access such, but the people that's taking care of everything, you know, they have detailed security, you know, um good personality, and everybody, you know, work together and you know it just everybody just on the same page, you know.

19:56

It just we trying to get this ball moving so we can just you know be, you know, be back to how I was.

20:06

Thank you.

20:07

Sorry if I may add one thing.

20:09

I have three to four people every few days stopping in my shop asking me when is Shamrock open and when is Shamrock opening?

20:17

People are anticipating the the open of it.

20:19

It was a great bar.

20:20

Thank you.

20:21

Thank you.

20:27

Are you ready here for the city?

20:33

So like like I said, uh, if we can if we can get this ABO permit, I'm still gonna try to open regardless if I have to try to sell coke and water just to get we've worked really hard on the location, so I want to open it up and we just like I don't know if it'll succeed without an ABL.

20:53

Um the state fire marshal, like I said back in November.

20:56

They gave us this little separate list of stuff.

21:01

And the guy even says that he was there to inspect the hood, and then he's he changed it to a construction inspection because he he was mad because I couldn't let him in, I wasn't there.

21:12

They didn't they never told me they were gonna do an inspection.

21:15

So I'm now I've I've got to work through this list, but uh I plan on almost done with the city's list and gonna work through this this one and uh but then we'll be ready to open.

21:26

Can we see that list?

21:28

Yes.

22:47

Did you have any more questions for him?

22:49

Did you have any more questions for it?

22:51

Yeah, uh, I have one more question.

22:54

Uh I may or may not be incorrect or correct or incorrect, but it's the main sticking item the code enforcement violations.

23:02

Is the what?

23:05

Is the main sticking point, the code enforcement violations.

23:09

No, the the main sticking point for me right now was like I've been trying to keep all my permits current because without current permits, the project stalls out because uh I thought I had to pay the hood company three thousand dollars to get my hood inspected.

23:26

It's just easier for me to do that if I have my ABO and stuff, but uh the code is the I've done most of the thing on on the list.

23:35

You know, the sprinkler system's been worked on, the fire, uh excuse me, the burglar alarm system has been worked on, and the hood system.

23:44

I have my receipt for the hood system.

23:51

Three thousand, over three thousand dollars I paid the hood company.

24:01

So you need that, I'm sorry.

24:04

So he was supposed to get the hood inspected, and then what he he did, he shows up with a fire marshal without letting me know two days before Thanksgiving when most people are out of town, and they do like a and I told the hood company, I said don't bring, don't do any inspections until the sprinkler's ready and the fire alarm systems ready.

24:27

We want to do them all at once.

24:29

So he brought an inspector out there, and the inspector got really mad because we couldn't let him in.

24:35

He's like, you know, it's two days for Thanksgiving, I don't even want to be doing this, I'm supposed to be going out of town, and he's yelling at me on the phone, and I said, You guys didn't even tell me you were coming today, so how am I supposed to know to let you in?

24:49

He got mad and he said he was gonna write us up for everything he could find in the entire bar, not just the hood system.

24:57

So he made that list, and all he was supposed to do was approve this hood, is all he was supposed to do.

25:04

So, but I'm I'm gonna work through his list as well.

25:10

But that was just an unexpected setback back in back in November when he he uh added that extra list of stuff to do.

25:19

Okay.

25:20

Any other questions?

25:23

We'd like to hear from the city attorney.

25:26

Thank you, Commissioners.

25:28

Um, we're here on their appeal of the denial of the 20 of their renewal based upon the loss of non-conforming use.

25:36

Back in September of 2024, there was a deadly shooting outro outside of Shamrock Bar.

25:42

In addition, at in 2024, the NOFD went out and did an inspection, and it wasn't 19, it was 46.

25:49

There were 46 violations at this location.

25:52

The violations were so egregious that the NOFD issued a cease and desist order pursuant to NOCC-109.42 until such time as the fire and safety systems were brought into compliance.

26:12

Philip Hampton Department of Safety and Permits.

26:21

The use of a structure or land that does not comply with the use restrictions of the applicable zoning district.

26:28

A legal nonconforming use is a use that legally existed prior to the enactment of the current ordinance and was legally maintained after the effective date of the ordinance.

26:40

That's the definition.

26:43

So during the this establishment was outside of its non-conforming use for longer than the law allows.

26:51

This is this New Orleans Comprehensive Zoning Ordinance.

26:53

It's a law that applies to all entities, all people.

26:56

So essentially safety and permits had no choice but to deny the permit because this entity was outside of its non-conforming use for longer than the law allows.

27:05

I understand they had a lot of revisions and corrections to make.

27:05

However, those were their responsibility to correct these were life threatening conditions inside the establishment that had to be corrected.

27:16

I have a copy of the NOFD report if you'd like to review that.

27:20

We also have a copy of the CZO that's applicable.

27:23

Um, while we don't have anyone from here from the state fire marshal's office, that's not an entity over which the city has control, so I can't speak as to any of the allegations of what occurred on that day with that inspector, other than to say, you know, the state fire marshal isn't here to defend itself.

27:40

Can we see those documents?

27:29

Yes, sir.

27:44

Was the state fire marshal aware of today's appeal?

27:50

We were unaware that there were any allegations against the state fire marshal because this was just based on loss of nonconforming use.

27:56

So this gentleman over here in a uniform, he's not here for this for this.

28:00

He's NOFD commissioner.

28:02

You can speak to the report, but nothing for the State Park.

28:05

Well, we'll review the report first and then we'll determine if we have questions.

28:09

Understood.

28:16

Board members, I would also like to read um Article 25.3.

28:21

Number one regarding the discontinuation or abandonment of a nonconforming use.

28:26

A particular use that is established as nonconforming is deemed abandoned when the particular nonconforming use is discontinued or becomes vacant or unoccupied for a continuous period of 180 days.

28:44

Any subsequent occupancy shall comply with all regulations of the zoning district in which the land or structure is located.

28:53

Where a nonconforming use has ceased operation for renovations in conjunction with a lawfully issued building permit, the nonconforming use shall restore operation within 180 days of the cessation of the use.

29:15

That's going to be the comprehensive zoning ordinance, article 25.3.

29:45

Why are they going to be on the back of the thing?

29:54

It's just over.

29:58

Yeah.

30:00

But what is a non-conformation?

30:03

Mr.

30:03

Colby, were you aware of the 100-day nonconformant restriction?

30:08

Um absolutely not because when I rented the bar out in 2009, Rock and Bull closed in like late 2008, and I did not open until late 2010.

30:22

The location had been closed for two years when they the city gave me my very first ABO license.

30:28

It had been closed for uh 720 days.

30:32

So we opened up.

30:34

I don't know, there was no no mention of any conditional use at that time.

30:38

Got the permit, and also we we didn't seize operations.

30:43

The government came in and shut us down.

30:46

So on one hand, the government shuts you down, and then the government penalizes you for not being open.

30:52

And not only did they the city shut us down, you know, that the state came to do the hood inspection, they even lengthened the shutdown by adding to their report stuff that had nothing to do with the hood system.

31:04

And uh most of it was just because he was mad because he couldn't get into the building.

31:09

So I never abandoned the place, um paying rent, utilities, property tax.

31:16

New Orleans did issue me an occupational license as a bar for 2026, but that's a different department than the ABO department.

31:26

So the city told me I could occupy it as a bar, but the ABO won't give me the permit to sell beer.

31:33

So I don't know uh how much sense sense does that make, but um also about about the the shooting she referenced, that did not happen on Bar's property.

31:45

Uh are you ma'am?

31:48

Are you aware that that did not happen on the bar's property?

31:51

I was going by what's in the news arc.

31:54

Okay, that the shooting happened three blocks away.

31:57

It was a drive-by shooting.

31:59

But yeah, they did have an argument in the parking lot but it was a drive by shooting not in my parking lot received we're not here to relitigate litigate or read news articles so we receive it did not happen on the property that's not what we're going for today.

32:13

Let me ask you this maybe I'm missing something but this is what we're referencing is nonconformity.

32:20

So what are we saying they are non conformed to I mean are we saying that they're not supposed to be a bar there are we say there's not supposed to be alcohol there like I guess why are we saying they're in nonconformance with the comprehensive zoning ordinance of the city.

32:37

So the comprehension zoning ordinance went into effect 2015 so prior to 2015 there was on the bar so it's similar to being grandfathered in but you have to you cannot cease operations of a bar the use that stated there for 180 days or more or you lose your nonconforming use so if I've received what you're saying correctly they were grandfathered in to being allowed to be a bar and then when this incident happened well and then the law the ordinance changed and if they were to apply today and with today's newer law they wouldn't allow to be a bar.

33:16

Right.

33:17

And they were as long as they didn't cease operation for a hundred and eighty days of being an active bar they remained grandfathered in.

33:27

And so now when they applied when they reapplied for this this license we are saying that because that 180 days has lapsed they are no longer grandfathered in and they cannot get a license at for a bar curr under the current ordinance and law am I understanding this correctly right so we and also it goes back to the base zoning in that district and that base zoning is M U1 which a bars of conditional use were you privy to that Mr Coba I the first time I ever heard about this 180 day thing was in 2026 is past May when they emailed me that had no idea we got I was closed for two years to open Shamrock and he said in 2015 they changed the law but Shamrock closed September 4th 2024 that when the city shut us down and in May of 2025 I went to the ABO office and even talked to to Mr Hampton himself through emails and he he renewed my permit last year even though I had been closed from September 4th 2024 up to the renewal of May 2025 it's more than six months they renewed my ABO last year.

34:51

So based on that I I had no red flag that there was a deadline I didn't voluntarily close I didn't cease operations that the city told me you can't open until you fix all these items I didn't voluntarily close down.

35:07

And he even though it was 45 items of code violations a lot of those was an extension cord is one violation and they counted like 20 extension cords.

35:18

So that's 20 violations a light bulb is one violation they count three four light bulbs so it's like you can get up to 45 violations when they do it like that.

35:29

Do we have evidence that uh Mr Coburg was privy to the 180 day restriction excuse me.

35:37

Do we have evidence that Mr Coba was privy to the 180 day restriction that we're talking about commissioners I would just assert that that's under the CZO it's a law so it's applicable to everyone in ignorance of the law is no excuse for nothing.

35:53

I can add to that um just one for the record I myself did not renew the ABO that he's mentioned of however in November 6, 2024, a new legal entity, mid-city SRLLC, was given the information that uh to provide information of the non-conforming use to keep it legal.

36:13

And they that license occupation license was closed due to failure to respond to comments.

36:18

It was closed to what?

36:20

The new entity that came and filed for an occupation license uh with the same DBA but a different legal entity, mid-city SRLLC, they were aware of the non-conforming use determination that was needed to continue to be in a bar.

36:29

Thank you.

36:38

But isn't it true that's not before us at this moment, right?

36:43

The entity that we are discussing uh is owned and operated by this gentleman here, right?

36:49

Um it's my understanding that that is reverb LLC.

36:54

So reverb LLC.

36:56

And as I appreciate it, my colleague is questioning whether or not reverb LLC was given notice with regards to the nonconforming use investigation or the ramifications thereof related to their business.

37:10

Was that entity issued notice?

37:13

We're not required to issue notice under the law, Commissioner.

37:16

It's it's the law that's known to everyone and applicable to everyone.

37:21

Okay, all right.

37:22

So I'm hearing there was no notice issued to reverb LLC with regards to the non-confirming use investigation.

37:30

They were notified of the NOFD investigation and knew they had to go satisfy all those requirements to open.

37:36

So I would say that it's their obligation to do it within the timeliness of the law.

37:41

Okay.

37:42

Uh Mr.

37:42

Hampton, isn't it true that um reverb LLC DBA Shamrock Boeing Grill did receive a uh permit, ABO permit for the year of 2025?

38:05

Yes, and that one was issued in error on the that one.

38:08

Yes, that one was issued in error unaware of the NOFD violations at that time, but it it was issued.

38:16

Okay, all right.

38:17

And what communication was provided to the owner with regards to that permit being issued in error?

38:24

Was any communication offered to the owner?

38:28

Uh, I don't believe so.

38:31

And and for the record again, what was the error?

38:34

Why was that permit issued in error?

38:37

I can't speak to that.

38:41

Who can speak to that?

38:44

It was just issued in there.

38:45

We have several people that work on these applications.

38:49

Um it was issued in the error.

38:51

Again, this was around a time where um there were incidents going on, so it was issued an error.

38:59

So I can say to that.

39:01

Okay.

39:01

And let me make sure that I understand the issues here.

39:04

All right, so we're not here because of code violations, right?

39:07

His permit was not denied because of code violations, his permit has been denied because non-confirming use.

39:15

All right, which he was never received notice of.

39:19

Correct?

39:20

He wasn't required to under the law commissioner.

39:23

All right, right.

39:24

I I do believe that due process is fundamental in our system here.

39:28

Um, okay, no further question.

39:33

Any other questions?

39:38

What is the definition, as far as y'all are concerned, of what it means to be in operation?

39:47

So we know that he had a liquor license up until a couple months ago, a couple weeks ago.

39:54

So does he have to serve or does he have to sell a certain amount?

39:58

Does he have to acquire a certain amount?

40:00

What is that definition?

40:02

He needs to have just say at least one act of sale within the 180 days.

40:08

Um that can be proven through Bureau of Revenue when they submit their sales uh tax information.

40:14

So him having a license by your definition, a lawful license by your definition doesn't mean he is still in good compliance, he is still forced to sell at least one item of alcohol in order to be in use.

40:33

Yes, according to the non-conforming use standards, yeah.

40:36

And what standard is that?

40:37

I have the law in front of me.

40:38

So tell me what section that says that he has to at least file he has to at least sell one, even if even if it's to himself, he at least has to sell one.

40:49

Well, it speaks to it can't cease operations as a bar.

40:52

I mean, it speaks to his can't cease operation.

40:54

That'll be Article 25.3.

40:59

Right.

40:59

And I'm not what I'm saying is we're saying cease operations as a bar.

40:59

So when I'm what I guess what I'm asking is what defines, he still had a good license.

41:13

He just wasn't open for business to the public.

41:17

Because he was the building was unsafe for occupancy.

41:20

It was the the fire department hadn't signed off at that point.

41:23

So it was literally unsafe.

41:25

I understand that it's unsafe as far as the safety permit component.

41:30

I'm talking about the act the license registering him still in use.

41:36

I would say again, this is based off that article 25.3.

41:43

Since he is a bar, uh active sales would again be verified by revenue of alcoholic beverages.

41:51

All right.

41:52

So just for clarity purposes, discontinue or becomes vacant.

41:57

Sir, was this building ever vacant?

41:59

No, no, ma'am.

42:01

Was this ever unoccupied?

42:03

No, ma'am.

42:05

Eden, you continue to pay rent from what's been attested to, you've continued to pay rent and been in good standing the entire time with rent purposes.

42:15

Yes.

42:24

We should have donated to the agency.

42:30

I agree.

42:31

I agree with you.

42:38

Exactly.

42:39

But then it's it needs to be a business.

42:45

Right.

42:45

But that's not the reason.

42:49

Right.

42:52

So you can see you would be in moderation and the non complaining.

42:57

Or I agree with that.

43:04

Do you want to read?

43:04

Do you want to read the just in case I wasn't making my point clear?

43:17

I was just saying that they can't operate because there's a cease and desist order.

43:20

The public literally cannot enter the building.

44:00

Okay.

44:05

To the city attorney's office, please help help me and my colleagues understand this.

44:10

Alright.

44:11

So reverb LLC, uh DBA Shamrock or and Grove was originally closed or prevented from operating because of several code violations.

44:23

Is that correct?

44:25

Because of health and safety violations of the NOFD, yes, all right.

44:29

That was documented by the Department of Code Enforcement.

44:32

Is that correct?

44:33

No, sir.

44:34

That was documented by the NOFD in the poll report we provided to show the 46 items.

44:39

Okay.

44:40

All right.

44:41

So that was the initial reason for the closure of the business, the subject business, correct?

44:48

Correct.

44:48

The cease of desist order.

44:50

Alright.

44:50

Now at that time, was the business owner ever advised of a particular time frame to which to remedy those violations?

44:59

The ones contained in the comprehensive zoning ordinance?

45:02

Okay.

45:04

Well, let me back up.

45:05

So there are multiple code violations.

45:08

Right?

45:10

So let's go back over those multiple code violations.

45:12

What were they?

45:13

The code violations?

45:14

Yes.

45:15

Can I see the report title?

45:18

Um item number one, the address number for the building was not clearly visible from the street.

45:24

Next one's question.

45:29

And then I have.

45:31

It skips to item six, but um item six.

45:29

If the main exit door is provided with the key locking hardware as allowed by code, is there a sign above the door that states the door rust remain unlocked when the building is occupied?

45:44

No.

45:45

Are the exits and exits and exit enclosures free from storage of combustible materials?

45:52

No.

45:53

Item nine, are the doors with self-closing hinges maintained in the closed position not locked open?

45:58

No.

45:59

Are electrical outlets switches and junction boxes properly covered with cover plates?

46:04

And these electrical systems safe from any apparent shock and or other electrical hazards?

46:09

No.

46:09

Are surrogate breakers fuses labeled so as to identify the area protected?

46:14

No.

46:14

Is the area maintained clear at least 36 inches in front of electrical panels?

46:19

No.

46:19

Are extension cords used only for temporary use and not as permanent wiring?

46:24

No.

46:25

Are the extension cords in good condition, properly grounded, and of appropriate gauge?

46:29

No.

46:30

If emergency lighting is provided, is it maintained in operable condition?

46:34

No.

46:35

Is the current detailed seating plan occupancy capacity sign posted if it's in a conspicuous place?

46:40

No.

46:41

If exit signs are required, are they maintained illuminated or self illuminous?

46:46

No.

46:46

Does the backup battery work?

46:48

Push the test button and the exit sign should illuminate under battery power.

46:52

No.

46:53

If the building is equipped with a fire alarm system, has the required annual service of the fire alarm system been performed by a state fire marshal licensing company?

47:02

No.

47:02

System yellow tag May 21st, 2018.

47:06

Item 25.

47:07

Have the fire extinguishers been serviced and tagged by a state fire marshal licensing company within the last 12 months?

47:13

No.

47:14

Item 26.

47:15

Are the fire smoke separators, automatic smoke doors, fire doors, firewalls, etc.

47:20

maintained and in working condition?

47:22

No.

47:23

Item 27.

47:24

Is the top of storage maintained a minimum 18 inches below sprinkler head deflectors in fire sprinklered areas?

47:30

No.

47:31

If the building is equipped with a fire sprinkler system, has the required annual service of the fire sprinkler system been performed within the last 12 months by a state fire marshal licensing company?

47:42

No.

47:42

I'm sorry, excuse me, part.

47:44

So you're reading from the annual commercial inspection report?

47:47

Yes, sir.

47:48

That was produced by the New Orleans fire department.

47:50

Yes, sir.

47:51

Alright, so that was the entity or the agency that documented these code violations.

47:56

Yes.

47:56

And at the end of the report, there is a date listed for the next inspection that will occur.

48:02

A reinspection scheduled to be conducted on or before 1231 24.

48:07

Next inspection schedule will be conducted on or after 9 24 25.

48:11

Okay.

48:12

Now, is there any proof that any of these violations were remedied or cured on either of these reinspection dates?

48:20

No.

48:21

Is that true, Mr.?

48:23

They never reinspected because when I called, when I called the code people, I said, hey, it's a long list, we've got a lot, and they're just like, well, just call us when you're ready.

48:33

That's all they said.

48:34

Call us when you're ready, we'll come inspect it.

48:36

He said, we want you to get back open.

48:38

We're not trying to keep you from opening.

48:40

But he says, when you get through with everything, just give us a call, we'll come inspect it and go from there.

48:45

And I called him three weeks ago and he told me the same thing.

48:49

I said, hey, we're still trying to get through this list, we're almost done.

48:53

And he said, just let us know.

48:55

We'll meet you out there.

48:56

We'll go through the list and go and proceed, you know.

48:58

Either say you did it or you still need to do these items.

49:04

So, sir, it's your testimony that your business was not reinspected on or after the December 31st, 2024 date?

49:13

Correct.

49:14

As well as on or after the September 4th 2025 date?

49:18

Correct.

49:18

And to this date, it has not been reinspected.

49:21

It never has been.

49:22

They put it on me to call them to let them know.

49:25

That's what they said.

49:27

When you fix everything, just let us know.

49:29

They never said, hey, you better hurry up.

49:32

You know, you only have X amount of days to do everything, or if if they would have told me that from day one, I would have just, we would have just dropped everything and just like, let's get this.

49:41

Uh the other entity that applied for a liquor license that kind of caused confusion with the ABO.

49:47

They approached me after the we got shut down and they said, Hey, we'll buy the bar from you, we'll we'll reopen it.

49:53

Okay.

49:54

Let me ask you this question.

49:55

So I'm hearing you say that you were advised that you were uh directed to contact uh this entity here for another inspection for the DG contact, yeah.

49:58

Yeah, I I called them uh every so often and just said, hey, we're still working on it, and they say, hey, just let us know.

50:13

Um we support we support you to reopen.

50:16

We're not trying to stop you from reopening.

50:18

Here's the question.

50:19

Did you call for the purposes of scheduling another inspection?

50:24

Uh not to schedule one yet, because we were we're not ready because of the the hood thing got delayed and some other things like that.

50:32

All right, and today I'm hearing that you're not ready for an inspection.

50:36

Uh no, we it's been on hold since like a month ago since we didn't get this ABO renewal that can't we just we're just like in limbo right now.

50:44

I could have been up there doing everything this past four weeks, five weeks.

50:50

You know, I'm ready to get back on it, go through the list, including the the fire marshal's list for the hood.

50:57

Uh we're ready to try to try to get back open and uh in two probably two two months we could get open.

51:06

Okay.

51:07

Okay.

51:08

So again for the city attorney's office, just want to make sure that I'm clear.

51:12

Um the Shamrock Boeing Grill has been denied uh the ABO permit for 2026 for non-conforming use.

51:20

Right, based upon that, right?

51:23

Um, and sir, what I'm hearing you say is that your business was closed for code violations, several code violations.

51:33

And to date many of those code, well, to date those code violations, the total have not been cured or remedied.

51:40

Right, not all of them have been uh there's a there's quite a few, you know.

51:44

But most of them are small.

51:46

I mean, we did we got rid of all the extension cords and we've we patched the you know, the flooring was the tiles were popping up in the kitchen, so we had to replace all the the floor tiles and epoxy the floor.

51:57

That's it, it's a big project, you know.

51:59

It's it's it's sixteen thousand square feet, it's like ten houses we're trying to deal with, fixing up myself, Lawrence, one or two other people here and there, you know.

52:11

I couldn't just snap my fingers and just do it overnight.

52:19

I have no further questions.

52:21

About what percentage of the code violations have been remedied.

52:25

Uh probably ninety percent, because the sprinkler company, I paid them like four or five thousand dollars uh coastal sprinkler.

52:36

The fire alarm company has done their thing.

52:41

The main the biggest problem was was the hood inspection because he you know he was mad about the hood, he couldn't get in, so he just wrote up a lot of the stuff he wrote up, probably not really relevant.

52:51

He was just upset at the time, but um probably 90 percent.

52:56

I I think we could be July, we could be open by September.

53:04

So you're saying that all the code violations should be remedied by September?

53:09

Yes, yes, sir.

53:11

As long as long as they say that you know, if I fix them and they say okay and they don't like come up with uh something else on that's not on that list.

53:19

But yeah, yeah, we we sh definitely should be ready to to open.

53:24

That's September, uh, you're talking about in approximately three months.

53:32

Are you saying two to three months, maybe maybe sooner?

53:36

It but just when I didn't have the ABO, I was just like I can't, it's hard for me to go forward and keep spending money, keep paying rent.

53:42

If I don't really know if we can even really open except to sell Cokes and water, I wasn't really sure about the future of the bar, you know.

53:53

Let me let me ask you this.

53:57

In the procedural component of this, you filed for your for a new ABO license, they denied it, and by statute you had 10 days to file your appeal, and that is why you're in front of us today.

54:13

Correct, correct.

54:15

Okay, so I know we've asked this a couple times.

54:19

Good.

54:22

How long, if I were to say I will con I would move to continue this, you know, for two months.

54:32

Could you have everything done in compliance in two months where you are in front of us, then asked then telling us look everything on this list is complete?

54:45

Yeah, yes, I I can, but I'm also paranoid about spending another 30, 40,000 plus two more months of rent utilities and two months go by and I come here, and they're like, Well, we we're not gonna renew your permit anyway.

54:59

That's that's what I'm kind of worried about, but I'm gonna go ahead and go ahead and do everything anyway, because I've just got to get open as to rent the pool tables out.

55:07

I as far as I know, we can still rent pool tables and sell cocawater and sell hamburgers as far as I know.

55:12

I don't need an ABO to do that.

55:15

So that would that would be my intent.

55:18

Uh and once I get open, just hook you know, see what happens.

55:22

But uh so I'm gonna start w working on everything, you know, especially if there's like a hope to get the ABO, I'm more I'm more motivated to get in there and just try to hurry up and open quicker.

55:34

Now that I I know that there's a deadline that I was never aware that there was a deadline because we got shut down and she did mention the the the shooting which happened in the neighborhood.

55:44

I'm not worried about the shooting.

55:46

Right.

55:47

But as it took us longer to reopen, I looked at that as more time for us to reopen with a better crowd coming in, and not the bad characters coming right back into the bar, and you know, say a clean a clean slate we can start with is what is what we're hoping.

56:07

And just for my knowledge, the other entity that they're saying reached out and was informed of the non-conforming, who is that entity to your business?

56:20

They were three people that approached me about buying the bar randomly.

56:25

Um asman knew them.

56:28

They owned like a gas station or something.

56:29

Like they owned the hotel.

56:30

And they were separate apartments.

56:32

Yeah, they own the hotel across the street, that uh two-lane hotel avenue.

56:36

So they came over and they're like, We'll buy it and we'll buy your equipment and we'll take and um so that that was actually one big delay because I dealt with them for three months and then they changed their mind.

56:49

They're like, We're not sure if we can do this or whatever, and I'm paying rent every month while they wait.

56:55

So after three months, I said, hey, deal's off, I'll just try to reopen it myself.

57:00

So that that that caused a delay right there, you know, the f right off the bat.

57:05

And when they backed out, they didn't tell they didn't give you a reason why they backed out of the deal, like pertaining to this non-conforming issue?

57:13

No, they they know they never mentioned anything uh about that whatsoever.

57:17

I did I didn't even know they had applied for their liquor license, actually.

57:21

Because they they never paid me any money, a deposit, they gave me a uh deposit, which I gave them, gave their deposit back, but uh so once they backed out that that costs us uh about three months of waiting for them, and then I just started the process early uh January twenty twenty twenty-five.

57:41

I started working on the place.

57:44

Got it.

57:45

Um I don't have any more questions at this time.

58:01

Would the city attorney have any uh final words before we we cast the vote?

58:07

No commissioners, thank you.

58:15

Is there a motion on the floor?

58:23

I don't know, I'm not sure if I'm prepared.

58:28

I'd just like to go on the record to make a comment.

58:30

Um I think that we have a fundamental issue here with this particular situation, because I'm recognizing that you can have a business um that is uh closed due to some code violations that they've been directed to cure or remedy.

58:50

Um however, um if that business remains closed for uh in this instance a hundred and eighty days, then that particular business can lose its or be denied the ABO permit to continue to operate.

59:06

Those two things just don't match with me and something just doesn't feel fair about that, all right.

59:11

Um I guess my question would be is there has to be some cure to this, right?

59:19

Because but for the code violations from NOFD that were cited, uh this business continues to remain operational and it's not subject to um the non-conforming use applicable law here, right?

59:35

Um so I'm sure you can understand what I'm alluding to at this point, and it further disturbs me that um the business owner was not given notice that any event these violations are not cured within a specific amount of time, then each runs the risk of losing out on being able to obtain a ABO permit um because of non-conforming use.

1:00:16

It's very difficult, it's very hard for me to reconcile those two things right now at this point.

1:00:20

Yeah, I agree with my colleague that there is concern that even though there's a hundred and eighty day time period from a legal standpoint, but from an empirical standpoint, haven't invested in remedying the the violations and also the repairs that it may not from an empirical standpoint, not from a legal standpoint, that could be unfair I'll say this.

1:00:55

I don't know, I don't know, I don't know how they're gonna vote, right?

1:00:57

But this is what I will tell you.

1:00:59

I think I I want to extend the most gratitude to you for for not just throwing up your hands in the air and saying I don't want to deal with this anymore.

1:01:10

I think that we get individuals in front of us all day long that don't like simpler issues than what you're dealing with, and they sit here and tell us, Oh, I'm not gonna deal with this.

1:01:19

I'm gonna just move, right?

1:01:21

It is clear to me, overwhelmingly clear, that not only are you dedicated to what I would describe as a passion, but to the city.

1:01:32

You know, you have this is your second establishment from what you just told me on both the east bank and the west bank, and although there is a negative narrative around circumstances that happened, I do appreciate that we can't always control what happens in those establishments, right?

1:01:49

You're one person, so no matter what my colleagues decide, I want to personally thank you for your dedication to this city, and not giving up.

1:02:00

I mean, obviously, this wasn't a turnaround fix three things and and super easy process for you since you're in front of us, and you and even now you're trying to go above and beyond with staying in compliance, even without a a guarantee per se of you pouring more and more of your hard-earned money into this work.

1:02:21

So I just want to go on the record from this position and thank you for your commitment to the city.

1:02:27

Appreciate that, thank you.

1:02:29

And I agree also, you didn't just give up, you continue to try to reach back out and ask.

1:02:38

Nobody ever said, you know, um you have a hundred and eighty days, they just told you, you know, just call me back when you finish.

1:02:46

So I understand you didn't know, and I'll be my colleague.

1:02:50

Appreciate it, thank you.

1:02:52

So are you more than certain that within a six month period of time that all the issues that we've talked about will be remedied?

1:03:00

It definitely, sir.

1:03:02

It's six months easily.

1:03:05

Hopefully, two months, because you know it's hard hard to pay rent on a closed closed location.

1:03:10

So I'm it's I'm I every month I'm closed as a as a big penalty.

1:03:49

Tell me again, you said that you you were gonna open your establishment even without a liquor license, if you're selling Sprite and Dr.

1:04:00

Teffer and sweet.

1:04:02

When is that when do you anticipate that?

1:04:05

Uh starting starting next week after I'm going out of town uh to Florida for fourth of July.

1:04:10

So when I come back next next week, we are just gonna start going a hundred percent trying to trying to go through uh just at least get the bar open to the location open to rent pool tables.

1:04:23

So does waters uh and then go through that hood, the hood inspection that caused all the problems, caused a lot of problems.

1:04:32

Get the hood, get the food up and running.

1:04:35

And that that way once I'm actually open, there's maybe I could you know have buy some time on the the ABO permit.

1:04:43

But it would it would definitely be easier if I knew I was going to get the ABO permit now rather than I go through and open up and six months down the road, it's like hey, I'm just losing money doing it like this.

1:04:55

Right.

1:05:08

Yes, sir.

1:05:11

Uh i if it was imminent that he would get the ABO permit, we could possibly provide him with some rental assistance or some deferred rental that would help his cash flow to get some of these things moving uh faster.

1:05:24

As I said, the bars are very, you know, his business is very important to us and our success.

1:05:29

Uh and we could certainly be willing to defer a little bit of the rent and help fill up his gas tank so he can get that hood, he can get that sprinkler system done.

1:05:38

Uh you know, opening selling, opening a sixteen thousand square foot venue selling coke and renting pool tables, I I honestly don't think that's a viable option, but it it's his business decision, not mine.

1:05:51

Last but not least, I think like you said, um, New Orleans is lucky to have someone who wants to do that.

1:06:23

Is there a motion on the floor?

1:06:30

Maybe I'll ready to vote.

1:06:32

We can vote.

1:06:39

All right.

1:06:40

Well, I guess it's just another question.

1:07:01

Let me ask you this while he's processing because it's just kind of on my mind because I'm with the uniform over here.

1:07:06

This is making me think about safety perspectives.

1:07:09

You want to open in two weeks, but no, two months.

1:07:14

Well, okay, so we between besides alcohol sales off the table.

1:07:22

Are there anything else that the city is gonna come back two days or so, or someone from from these entities are gonna come back and say this is not safe, whether you're selling alcohol or not.

1:07:34

No, the bar the bar today is in better condition than it was the very first day we opened.

1:07:40

So we've gone in there and we've caught, painted, primed, we've fixed so many little knickknack things in there, new equipment.

1:07:49

Uh there's like if what if the city uh go through the city code violations, the little ones that are left, all the extension cords are have been pulled out and all that uh I I don't see why we won't be back open and we were open for four 14 years straight without until this happened.

1:08:08

We were open, yeah.

1:08:10

We had uh Saints players in there, Pelicans players in there, we had mute blind bands, and you know, was it was an active spot for the city.

1:08:19

So we want to we want to just get back on that track and and uh and hope hope uh hope no issues in the future, you know.

1:08:30

Okay, I know I've asked this question before, but to reiterate, uh, what percentage of the repairs and the remedies have you have you done at this point?

1:08:43

Probably 90 percent.

1:08:44

We have the hood system left and a lot of small things like you know, put some labels on the breaker box.

1:08:52

Uh you ready?

1:09:06

Yes, I just want to go back on the record and and uh re-emphasize my point that um I do believe that um this is a significant flaw in the system um whereby you can potentially have a business um that uh is not operational because of a code violation.

1:09:24

Um, and in fact, that business, if that business does not cure those violations within six months, um that business would not be eligible for um an ABO permit, uh, uh if it falls within that particular zone, right?

1:09:38

Um that's very troubling for me, especially if the goal is to keep these businesses in commerce, right?

1:09:44

Um, you know, so Mr.

1:09:47

Hampton, if you could engage me just briefly and and share with the the commissioners here, um, the investigation that you cited here that revealed that the non-conforming use at this location ceased and desist um for more than 80 days, just give us the specifics to support that rationale.

1:10:08

Uh the little information I can give you about that.

1:10:10

I believe when he visited the office um checking the ABO, um when we sent the NCU comment, and that's uh process where you can provide proof that you have been in operations and you have not ceased.

1:10:21

He uh told one of my um subordinates that he couldn't provide that information because he was not operating within the 180 days.

1:10:29

Do we have a date?

1:10:30

Do we have any documentation to that?

1:10:32

I will have to go back and see when he checked into the lobby of safety and permits.

1:10:38

Okay, so what I'm hearing as of now, um, the rationale for denying reverb LLC DBA Shamrock Boarding Grill, um, was because of non-conforming use that the business entity has not been operating um for more than 180 days, and you're gonna provide us with the date in which that business ceases operations.

1:11:02

Well, I believe revenue provided documentation of the zero uh sales for the six months plus.

1:11:13

I believe revenue bureau revenue provided statements of zero sales tax submitted for the not in to you.

1:11:21

Okay, and I guess essentially, where I'm at is how are you able to determine that hey, this business was not operational for six months, right?

1:11:30

And you haven't presented anything to us uh any evidence, um, any documentation that shows that yes, uh this business in fact ceased to operate on this particular date, and from this date to where we are now, a hundred and eighty days have passed, and therefore this is why this particular ordinance is applicable, and this rationale for denying the permit is appropriate.

1:11:55

Yes, Commissioner.

1:11:55

So we again we did send them the comment to apply for the NCU, but he said it's just like he could not provide that that evidence because he did cease.

1:12:04

So through the comments, we did send that as an option.

1:12:08

And I guess my ask is is that something you're able to provide to the board?

1:12:14

The comments?

1:12:15

Yeah.

1:12:16

We can provide that the comment was sent to the applicant.

1:12:20

Okay.

1:12:20

Oh, just note that on the NOFD report.

1:12:23

It's date of completed is 9 4 24, and the cease and desist orders contained in that.

1:12:28

So that would be the date that once they just they received that report, they could not operate from that date.

1:12:34

They have provided no proof to the city or anyone else that they have sold a drink or operated because the cease and desist order hasn't been to my knowledge lifted because they haven't complied with these violations with remedying these violations.

1:12:50

Okay.

1:12:51

So given that given that information, the clock with regards to the six-month time frame for non-conforming use began to run September 4th of 2024.

1:13:05

Yeah.

1:13:12

Could you repeat that question, please?

1:13:13

Right.

1:13:14

So the question is is the the time clock for the non-conforming use uh 100 day 180 days law to apply.

1:13:22

Um, did that time clock start to run on the September 4th, 2024 date?

1:13:30

Like I said, um the other entity, we sent notice to them on that.

1:13:36

Um, again, when this present entity came back, we it was issued in error.

1:13:40

Um, and then basically what we do is we get confirmation from Bureau Revenue regarding uh sales tax submitted that shows that zero sales have been made, so that would indicate that the business cease operations as the use that they are zoned as.

1:13:56

And I guess what I'm asking, what was the date, right?

1:13:59

What was the date?

1:14:00

The date that he ceased operations, according to the the revenue document that you're referring to.

1:14:06

Oh, this is my first time sentence.

1:14:08

This was just brought, so I wasn't aware of that.

1:14:10

Um we asked for the NCU to the comment, um, and that was sent on May 4th, 2026, for him to let us know that he's still been in operation.

1:14:19

All right.

1:14:21

So how again, how were you able to determine that 180 days had been lapsed that passed?

1:14:27

How were you able to determine that?

1:14:31

The best that I can tell you, again, it might sound like I'm restating it, but we sent the comment for him to provide proof to us.

1:14:37

Also, we use revenue, and he also told us when he visited safety and permits that he can't provide their proof because he was not operating, and we still don't have a date.

1:14:59

This is what revenue provided us with the first sales tax use they have from January, like to this year and um from December or December of last year that they reported zero sales tax as for um at first not operating, so that's but this is why I would think that you know the the owner should receive notice, right?

1:15:21

Because proper notice, we would have a stamp date on a particular document that shows that on this particular date this individual was informed of X, Y, and Z.

1:15:31

And from this particular date, this is the date that your clock begins to run.

1:15:34

You have 180 days from this point.

1:15:38

And what I'm hearing is is that this didn't take place.

1:15:42

But nevertheless, I see before me that an investigation was conducted, and that investigation revealed that non-conforming use bar at this location cease to operate for more than one hundred and eighty days, but yet I don't have a date of when that clock began to run.

1:16:04

And again, I think what would appear this was providing the business owner with notice.

1:16:18

Okay, is there a motion on the floor?

1:16:24

Um I'll make a motion that the board vote on whether they are going to approve the appeal of the business entity and a grant them a approved um ABO license for 2025 uh 2026 to run through 2026.

1:16:45

Correct, that is why you're here asking us.

1:16:47

Yes, ma'am through through actually, it's uh 2026 through uh May 31st, 2027.

1:16:56

It runs.

1:16:58

Correct so I'll make a motion that the board vote on whether they are going to uh grant his appeal and extend a license to him for the 2026 um alcoholic beverage year question there's a question on the floor my concern is that if we grant it for a year that we there's no assurance that in fact that he has followed up and completed the requirements so what's the question question is that should we uh as part of the motion should should we be provided with a date whereby in that these items need to be completed and if not the motion to extend the ABO the the uh call license will be revoked well then with that being said we can amend the motion and state that we that we can tentatively grant an ABO license in two months contingent upon a contingent upon completing and having me a new inspection report between now and two months and in two months we will can then agree to grant your alcohol beverage license for the year 2026 and I think that solves Mr.

1:18:38

Chairman's concerns on whether the work is actually going to get done also it allows you the two months that you say you need to complete all the work and at the tail end everyone should be happy with having the license approved in two months.

1:18:55

Can I say because there are unexpected things that can come up and I was never made aware of the 180 days even though I'm going to try to open up as soon as possible I I would rather have the 180 days start now not just a 60 day window because if I run into any type of snag with a fire marshal or anything or if just say I get sick for a month I just you know if if I have never been aware of this 180 day thing until like a month ago when they denied this permit it would that would give it I'll open as soon as possible and hopefully within two months but just in case since I've never gotten the benefit of the 180 day deadline I'd like I'd like to have be able to have that cushion.

1:19:48

Here's my concern with that and this is the lawyer talking to me at the moment I can't over necessarily revise and amend the city's black letter law right now I can overrule the board can over can do this in this instant but I can't start a new clock for you because that's the city's right they don't I wanted the clock to start today when I've actually gone to the hearing and the um downside of it is if we if we don't get approved uh this company gave me an estimate to reapply for a non-conforming use and they're estimating 26 thousand dollars for that application to file for a permit I'm not sure what company that is but I would probably advise on everything I just read don't pay them any money.

1:20:42

Well that's to go through the the nonconforming use application process and to try to like get back into a nonconforming use that's just what they're gonna told me that it sounds to me like they're gonna give you the approval but you've been two months instead of six months.

1:20:56

Right.

1:20:57

Maybe we could get more just just because as you can see the way the state fire marshal was when he came, he got mad and he was just like, I'm just gonna throw a monkey wrench in your project.

1:21:06

And the guy Andrew.

1:21:08

So if I do everything in two months and Andrew shows back up and he's mad again, and he's like, Well, I'm gonna set you back another two, three months.

1:21:16

It's like I kind of I just needed it, you know.

1:21:19

It's like any any time is good, but like the full one hundred and eighty days would be the what's yeah what I'm what I was supposed to to be alerted to, you know.

1:21:28

Your license would be conditionally approved.

1:21:29

So if I don't actually get open in sixty days and they'll be like, Well, sixty days passed, so it's like you can't get the license now.

1:21:40

So I think yeah, so I think we're talking about different things at the moment, right?

1:21:45

So there is black there is city law that says you're not entitled to a new license currently, which is why you're here in front of us because they denied it for non co nonconformity.

1:21:59

That's over here.

1:22:00

We as the board are sitting here saying we hear that, we received that, we don't think you got your proper due pro your due due process in that, and that we are willing at this moment to consider giving you a conditional license irrespective of that 180 days, but we need your work continued effort in getting this done, right?

1:22:24

So you mentioned being sick, and and I also know that you said you don't want to continue to pour all this money into this project if you are not guaranteed to get this license.

1:22:35

What the board is proposing or what I'm proposing to the board is that we're telling you up front if you do this work in the next two or three months.

1:22:43

Okay, we're gonna get you your license so that you have that assurance from us, but in hindsight, we need you to get all of those things taken care of.

1:22:56

That makes sense.

1:22:58

Are we on the same page right now?

1:22:59

Well, what why can't they just go ahead and renew the permit that I applied for?

1:23:03

Because that's good until May of twenty twenty-seven and then say, hey, your one hundred and eighty-day clock to open starts now.

1:23:11

So here's your permit, you gotta get open or take you know, you're gonna lose your nonconforming use.

1:23:26

Let them explain it in a different way.

1:23:29

Well, I'm sorry, but uh we will help you in any way possible with the power of management, or whatever.

1:23:39

Uh but they are my money about the issue, say you have your ABO permit provided and complete all these things.

1:23:47

So after that, you're gonna get it through the throws the whole thing conforming.

1:23:53

You're ready to go.

1:24:00

So you're you can't do that.

1:24:07

So that's why you were sending it.

1:24:09

All right, thank thank you.

1:24:12

I understand.

1:24:13

Are we all good?

1:24:14

Yes, ma'am, thank you.

1:24:16

So there's a there's a motion on the floor.

1:24:19

I second it.

1:24:21

Those in favor respond by saying aye.

1:24:26

We are done here.

1:24:27

We'll see you in two months on uh August 24th?

1:24:33

Yes, 2026.

1:24:35

So I need you to come back and in two beatings from now.

1:24:38

Okay?

1:24:39

All right.

1:24:39

Work with your c village, work with your community.

1:24:41

I need you to come back on August 24th, 2026.

1:24:44

All right, appreciate it.

1:24:45

Thank you.

1:24:45

And all parties and let me know that we're in good that we're all good, and then we'll get that license to you.

1:24:51

Okay, appreciate it.

1:24:51

Thank you thank you.

1:24:52

You're welcome.

1:24:53

We have some photos.

1:24:53

Thank you very much.

1:24:54

Oh, here, let me give you your exhibit.

1:24:56

Let's get you your exhibits back.

1:24:57

Alright.

1:25:03

Good job.

1:25:05

They brought it to us, we were supposed to send it down.

1:25:11

Oh, we're not going to have to do it.

1:25:14

So, they're just going to like permission, secondary.

1:25:22

Oh, maybe it's not a time.

1:25:24

Yeah, so I mean, we't know if I'm gonna be should have to pretty much.

1:25:29

Uh I would like to read it.

1:25:31

Okay.

1:25:41

Um, do we hear fire?

1:25:44

Today, it is right.

1:25:45

Oh, we didn't.

1:25:46

We're not done.

1:25:47

We didn't ratify.

1:25:48

We didn't retire, yeah.

1:25:49

Oh, yeah.

1:25:51

Yeah.

1:25:56

Ratification of the sales.

1:26:01

I think we all forgot about that.

1:25:58

Hearing number 6125 TX.

1:26:09

This item um DPMJ LLC doing business as Bayou Restaurant.

1:26:14

This item was continued to the meeting of July 29th.

1:26:18

Hearing number 07525 TX.

1:26:20

Nicholas S.

1:26:21

Carnot 4 Incorporated.

1:26:24

Doing business as Carnette.

1:26:25

This item was also continued to the July 29th docket.

1:26:30

Hearing number 00426 TX.

1:26:33

Dayon LOC doing business as tsunami.

1:26:36

This item was dismissed.

1:26:38

Hearing number 007 26 TX.

1:26:42

Soul of a lion LLC doing business as Voodoo Chicken and Dacqueries.

1:26:47

A judgment was made in the amount of $3,000 payable within 120 days.

1:26:53

Hearing number 00926 TX, Joe Catering and Special Events LLC doing business as Il Mercato.

1:27:02

This item was continued to August 24th.

1:27:06

Hearing number 01626 TX, the jump off lounge LOC join business as the jump off lounge restaurant and grill.

1:27:15

A consent judgment was rendered in the amount of 450 dollars payable within 30 days.

1:27:21

Hearing number 02026 TX Twisted Waffles NOLA LOC join business as Waffles NOLA.

1:27:29

This item was continued to the August 24th hearing.

1:27:32

Hearing number 02526 TX, Rendon and LOC doing business as Rendon N.

1:27:39

Consent judgment was ordered in the amount of $3,000 payable within 60 days.

1:27:45

Hearing number 02626 TX.

1:27:48

Anthony A.

1:27:49

Pierre Sr.

1:27:50

Doing business as Tony's his parakeet bar and lounge.

1:27:54

This item was continued to the July 29th hearing.

1:27:59

Hearing number 027 T6 TX.

1:28:03

02726 TX.

1:28:07

Common House NOLA LLC doing business as Common House.

1:28:11

A judgment was rendered in the amount of 1,100 payable within 45 days.

1:28:18

Hearing number 02826 TX Bar and Grill LOC doing business as the island.

1:28:24

This item was continued to the July 29th hearing.

1:28:28

Hearing number 02926 TX, Club Good Times 2 LOC doing business as Club Good Times.

1:28:35

This item was continued to August 24th hearing.

1:28:39

Hearing number 03026 TX, the Superb Pearl LOC doing business as the Superb Pearl.

1:28:47

A judgment was rendered in the amount of 1200 dollars payable within 45 days.

1:28:52

Hearing number 03126 TX at the Avenue Incorporated, doing business as at the Avenue.

1:29:00

A judgment was rendered in the amount of $500, which is payable within 45 days.

1:29:06

Hearing number 032 26 TX.

1:29:10

K and O Brothers LLC doing business as DM discount store.

1:29:16

A judgment was rendered in the amount of $4,200 payable within 30 days.

1:29:22

Hearing number 03326 TX 2901 Bar and Lounge LLC doing business as 2901 bar and lounge.

1:29:33

A judgment was rendered in the amount of 1,300 payable within 45 days.

1:29:39

Hearing number 03426 TX 237 Decatur LLC doing business as Australian.

1:29:47

This item was continued to the July 29th hearing.

1:29:51

Hearing number 0352XTX 26 TX.

1:29:56

MDK 327 Bourbon LOC join business as corruption.

1:30:01

This item was continued to the July 29th hearing.

1:30:05

Hearing number 03626 TX.

1:30:08

Kiki 2 LLC joined business as Kiki 2.

1:30:12

This item was continued to the August 24th hearing.

1:30:16

Hearing number 0372X TX.

1:30:18

I'm sorry.

1:30:20

03726 TX.

1:30:24

NOLACERS LOC, doing business as the 337.

1:30:28

This item was continued to the July 29th hearing.

1:30:27

Hearing number 03826 TX.

1:30:27

Element 79 NOLA LOC, doing business as the Wisdom Reception Center.

1:30:28

This item was continued to the August 24th hearing.

1:30:44

Hearing number 03926 TX, Avenue 1628 Operations LLC, doing business as Seawitch.

1:30:53

A judgment has been rendered in the amount of 1,250 payable within 45 days.

1:31:16

Hearing number 04126 TX, Jack Hills Backstreet Lounge Incorporated, doing business as Jaquel's Backstreet Lounge.

1:31:25

A consent judgment has been entered into in the amount of $3,000 payable within 120 days.

1:31:32

And that concludes the ratification.

1:31:39

Move to approve.

1:31:40

I second it.

1:31:42

Second, those in favor respond by saying aye.

1:31:44

Aye.

1:31:45

Ayes have it.

1:31:45

Motion so lumen.

1:31:46

So motion so ordered.

1:31:49

Do we have a motion for adjournment?

1:31:50

I make a motion to adjourn.

1:32:02

Okay, so that

Discussion Breakdown — Share of Meeting
Public Safety███████████████████████████27%
Pending Litigation██████████████████████████26%
Economic Development████████████████████████24%
Cannabis Regulation██████████████14%
Procedural█████████9%
Summary of Proceedings

New Orleans City Board Hearing on ABO Appeals and Ratifications - June 30, 2026

The New Orleans City Board convened on June 30, 2026, to hear two Alcoholic Beverage Outlet (ABO) appeals and to ratify judgments from previous hearings. The board granted a continuance for one appeal and conditionally approved the second, requiring the appellant to return in two months with proof of completed repairs. The board also ratified a series of consent judgments and continuances for numerous other establishments.

Consent Calendar

  • The board ratified judgments and continuances for 20+ cases, including:
    • DPMJ LLC (Bayou Restaurant) continued to July 29, 2026.
    • Nicholas S. Carnot 4 Inc. (Carnette) continued to July 29, 2026.
    • Dayon LOC (Tsunami) dismissed.
    • Soul of a Lion LLC (Voodoo Chicken and Dacqueries) judgment of $3,000 payable in 120 days.
    • Joe Catering and Special Events LLC (Il Mercato) continued to August 24, 2026.
    • The Jump Off Lounge LOC (Jump Off Lounge Restaurant and Grill) consent judgment of $450 payable in 30 days.
    • Twisted Waffles NOLA LOC (Waffles NOLA) continued to August 24, 2026.
    • Rendon and LOC (Rendon N) consent judgment of $3,000 payable in 60 days.
    • Anthony A. Pierre Sr. (Tony's His Parakeet Bar and Lounge) continued to July 29, 2026.
    • Common House NOLA LLC (Common House) judgment of $1,100 payable in 45 days.
    • Bar and Grill LOC (The Island) continued to July 29, 2026.
    • Club Good Times 2 LOC (Club Good Times) continued to August 24, 2026.
    • The Superb Pearl LOC (The Superb Pearl) judgment of $1,200 payable in 45 days.
    • At the Avenue Inc. (At the Avenue) judgment of $500 payable in 45 days.
    • K and O Brothers LLC (DM Discount Store) judgment of $4,200 payable in 30 days.
    • 2901 Bar and Lounge LLC (2901 Bar and Lounge) judgment of $1,300 payable in 45 days.
    • 237 Decatur LLC (Australian) continued to July 29, 2026.
    • MDK 327 Bourbon LOC (Corruption) continued to July 29, 2026.
    • Kiki 2 LLC (Kiki 2) continued to August 24, 2026.
    • NOLACERS LOC (The 337) continued to July 29, 2026.
    • Element 79 NOLA LOC (Wisdom Reception Center) continued to August 24, 2026.
    • Avenue 1628 Operations LLC (Seawitch) judgment of $1,250 payable in 45 days.
    • Jack Hills Backstreet Lounge Inc. (Jaquel's Backstreet Lounge) consent judgment of $3,000 payable in 120 days.

Public Comments & Testimony

  • Anne Fawn (Newton Corner Market): Not present; board noted she received a temporary permit and continued the matter.
  • Brian Colvey (appellant, owner of Shamrock Bar and Grill): Presented his case, stating he was shut down by the city in September 2024 for code violations and has been working on repairs. He claimed he was unaware of the 180-day non-conforming use rule and that the city renewed his ABO in 2025 despite the closure. He estimated 90% of repairs are complete and requested a license to sell alcohol, noting he could open without it but it would be financially difficult.
  • Clark Hebe (landlord representative): Expressed support for Colvey, stating he occupies 25% of the shopping center and has been an excellent tenant since 2009, never missing rent. He noted the center pays over $108,000 annually in property taxes and that Colvey's closure has hurt other businesses.
  • Yasmin (tenant in strip mall): Reported that sales at her business dropped over 50% since Shamrock closed and that the bar brought safety and foot traffic. She noted people frequently ask when the bar will reopen.
  • Lawrence (employee and property owner): Stated his income dropped from 100% to 50% since the closure, and he now works three jobs. He praised Colvey as a good employer and said the community misses the bar.
  • City Attorney's Office (Mr. Hampton, Department of Safety and Permits): Argued that the ABO renewal was denied due to loss of non-conforming use under Article 25.3 of the Comprehensive Zoning Ordinance, as the bar had ceased operations for more than 180 days. He cited 46 NOFD violations from September 2024, including life safety issues, and stated that the business had not been reinspected. He noted that a different entity (Mid-City SRLLC) had been informed of the non-conforming use requirement in November 2024.

Discussion Items

  • Newton Corner Market Appeal (Anne Fawn): The board learned that the owner had received a temporary ABO permit expiring September 9, 2026, and that outstanding property taxes remained. The board voted to continue the matter to the July 29, 2026 docket.
  • Shamrock Bar and Grill Appeal (Brian Colvey): Extensive discussion centered on whether the bar had lost its non-conforming use status due to being closed over 180 days. Colvey argued he did not voluntarily cease operations; the city shut him down. He stated he was never notified of the 180-day rule and that the city renewed his ABO in 2025 despite the closure. The city attorney maintained that the law applies regardless of notice and that the clock started on September 4, 2024, when the cease and desist order was issued. Board members expressed concern about the fairness of penalizing a business for delays caused by code enforcement and lack of notice. Colvey estimated 90% of repairs are done and requested six months to complete the rest, but the board proposed a conditional approval with a two-month deadline. After further discussion, the board voted to conditionally grant the ABO license, contingent upon Colvey completing all repairs and returning on August 24, 2026, with proof of compliance.

Key Outcomes

  • Newton Corner Market Appeal: Continued to July 29, 2026, due to outstanding property taxes and the owner's temporary permit.
  • Shamrock Bar and Grill Appeal: The board voted to conditionally approve the 2026 ABO license. Brian Colvey must complete all remaining code violations and fire marshal requirements within two months and return to the board on August 24, 2026, for final approval. The board emphasized that this conditional approval overrides the non-conforming use issue for now, but Colvey must demonstrate compliance.
  • Ratification of Judgments: The board approved a series of consent judgments and continuances for 23 other cases, with fines ranging from $450 to $4,200 and payment periods from 30 to 120 days. Several cases were continued to future dockets in July and August 2026.

Meeting Transcript

A rule call. Roll call. Williams. Present. Hans. Present. Expose. President. Lewis. Nash. Present. Gali. And Quinn. We have four board members present, and we have constituted a quorum. Budget beliefs, led by Ms. Molly Power. I can't give them. At this time we yield to the city attorney. Yes. We have an appeal from Anne Fawn, owner of the Newton corner market at 1600 Newton Street. We'd ask that they come up and speak first, and since they have the burden approved, they filed an appeal. Could you speak up a bit? Oh, I'm sorry. Yes, there's an app an ABO appeal from An Fawn, owner of the Newton corner market looking at 1600 Noon Street. They filed an appeal, so we'd ask that they come up and speak first, given they have the burden approved here in this matter. Okay. Ms. I'm sorry. I received an email, and she stated that she received a temporary permit. So I don't think she's gonna be at the hearing today. Okay. So would we like so are we looking to continue this? Yeah, I think we'd ask for a continuance because there is still property taxes. Um real estate and business personal property tax are still owed. The matter of the ABO is just a temporary. So this business was issued a temporary ABO for 90 days that expires, I believe, September 9th. However, uh they have outstanding real estate property taxes that they can appeal to the ABC boards for the annual ABO. So how long are you looking to continue it for? Yeah, so the next docket to July 29th. Okay. Is there a motion to continue? Uh the questions. I'll make the motion to continue this until the July 24th, 2026 docket. Second. It's been properly moved and seconded. Those in favor respond by saying aye. Aye. I have it, motion still audit. Will you all prepare that judgment and let them know? Yes.

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