Ordinance 11561

Adopted Metropolitan Council September 22, 1999

Amending Title 9 (Licensing and Regulation of Trades and Occupation), of the Code of Ordinances of the City of Baton Rouge and Parish of East Baton Rouge, so as to amend and re-enact chapter 8 relative to rolling vendors, effective January 1, 2000.

Be it ordained by the Metropolitan Council of the Parish of East Baton Rouge and City of Baton Rouge that:

Section 1

Title 9, of the Code of Ordinances of the City of Baton Rouge and Parish of East Baton Rouge, is hereby amended so as to amend and re-enact Chapter 8 thereof, which shall read as follows:

Chapter 8. Rolling Vendors

Sec. 9:360. Definitions

(a)  Rolling Vendor means any person who changes retail locations from day to day or week to week and who displays samples, models, goods, wares or other merchandise for the purpose of selling such items at retail or securing orders for the retail sale of such items.  Rolling vendor shall include, but is not limited to, itinerant vendors, and any retail dealer not having a fixed place of business.

(b)  Director of Finance means and includes the Director of Finance of the City-Parish or his duly authorized assistants.

(c)  Person means a single person, a corporation, or partnership, or two (2) or more persons having a joint or common interest.

Sec. 9:361. License Required

It shall be unlawful for any rolling vendor to transact any phase of business in the City-Parish, without first applying to the Director of Finance for a license.  A fee for this license shall be two hundred fifty and no/100 dollars ($250) per annum.  The license required by the Occupational License Tax Ordinance shall not apply to rolling vendors licensed under the provisions of this section.

Sec. 9:362. Application for License

An applicant for a rolling vendor's license shall provide the following information:

1. His home address;
2. The firm or firms he represents, if any, together with credentials establishing the exact relationship;
3. A brief description of the nature of the business and the kind of merchandise he desires to sell;
4. The number of days he intends to solicit orders;
5. The location where the applicant proposes to sell such merchandise.
6. A copy of the lease between the vendor and the property owner for the location at which the proposed selling is to take place.
7. A copy of the policy of liability insurance which covers the location where the selling is to take place.

Sec. 9:363. Lease Requirements

Before a license is issued by the Director of Finance, the applicant will be required to furnish a copy of a signed lease for the use of the property on which he proposes to sell his merchandise.  This lease must indicate who is responsible for liability on said property.

Sec. 9:364. Insurance Requirements

Before a license is issued by the Director of Finance, the applicant will be required to furnish a policy of liability insurance in the amount of two hundred fifty thousand and no/100 ($250,000) dollars per incident which covers the property on which he proposes to sell his merchandise.  This policy must include a provision that the City-Parish will be notified within 30 days if this policy of insurance is to be canceled for any reason.

Section 9:365. Zoning Requirements

Rolling vendors are only allowed to operate within the proper zoning district for the type of merchandise that they propose to sell and must maintain building setback lines and sight triangle requirements of the Unified Development Code for the zoning district in which the vendor is allowed to operate.

Sec. 9:366. Exemptions

The provisions of this chapter shall not apply to food sales, firewood sales, if sold by owner of land where trees were cut, events sponsored by non-profit organizations, disabled persons, fairs, or artists and craftsmen who display their own original art and handicraft.

Sec. 9:367. Penalty

Whoever violates the provisions of this chapter shall be fined not more than five hundred and no/100 ($500) dollars or imprisoned for not more than 90 days, or both.  Each day of the violation shall constitute a separate violation.

Section 2

This ordinance shall become effective January 1, 2000.

Section 3

All ordinances or parts of ordinances in conflict herewith are hereby repealed.