§ 46-30. Retailers with no fixed place of business.

(a)

Each person who sells food to the public at retail with no fixed place of business shall pay a license tax according to the rules set forth in this chapter, and in addition, shall obtain a license as provided herein. Prior to an occupational license being issued by the City of Leesville, the retailer shall provide a current health certificate issued by the Louisiana Department of Health and Hospitals. The retailer shall also be required to pay an occupational license tax annually in accordance with subsection (c).

(b)

The persons licensed under this section shall be limited to persons who sell food from retail mobile units or food trucks parked on or beside public streets and highways within the city. These persons are hereafter referred to as retailers. This does not include sellers commonly known as itinerant vendors that sell other types of merchandise with or without temporary stands at or on public rights-of-way, public streets, or highways in accordance with sections 46-275—46-279 or its prohibitions per Ordinance 23/11 adopted August 22, 2011.

(c)

Licenses issued under this [section] shall be $50.00 for the initial licensing and shall be issued on an annual basis. A license shall not be entitled to and shall not receive a refund of any license fees or other fees if the license shall be canceled for any reason. Annual renewal shall be due and payable on the first day of January at the rate of at least $50.00 or on the gross receipts accessed on the previous year, whichever is greater.

(d)

In addition to the foregoing requirements, all vendors licensed under this section, including their agents and employees, shall:

(1)

Provide the city with proof of limited liability insurance coverage in the sum of $50,000.00;

(2)

Provide a certificate from the Louisiana Department of Health and Hospitals (health department);

(3)

Display the city license and health department permit issued to said vendor in a conspicuous place to aid in consumer identification of the approved vendor;

(4)

Not do business within one-half mile from a fixed place of establishment selling identical or similar products; however, nothing herein shall prohibit a retailer licensed hereunder from continuing operations on a site owned or leased by him which was property designated in accordance with this section and at which location has been regularly doing business during three consecutive months not less than 120 days prior to the opening of a fixed place establishment within one-half mile from said location; and

(5)

Provide evidence to the city from the owner or person authorized to give permission for the use of the particular location from which the retailer proposes to sell their products.

(e)

With approval from city council, the mayor is empowered to promulgate reasonable rules and regulations to implement this section provided said rules and regulations do not conflict with this section and are in accord with the intent and spirit of this section. Said rules and regulations shall be available for public inspection.

(f)

Persons selling their own agricultural products, and to persons whose gross annual receipts from the sales of other foods or products does not exceed $5,000.00, shall:

(1)

Pay a license tax of $50.00 for the initial licensing and shall be issued on a annual basis. Annual renewal shall be due and payable on the first day of January based on gross receipts;

(2)

Provide evidence to the city from the owner or person authorized to give permission for the use of the particular location from which the retailer proposes to sell their products; and have a copy of the city license and a copy of the permission letter with them while selling.

(Ord. No. 10/90, 8-22-90; Ord. No. 15/17, 9-11-17; Ord. No. 8/18, 8-27-18)