ORDINANCE NO. 85

 

            AN ORDINANCE TO PROVIDE FOR THE LICENSING OF ITINERANT VENDORS OPERATING IN THE VILLAGE OF CHOUDRANT; TO DEFINE THE TERM ITINERANT VENDOR; TO PROVIDE PENALTIES FOR THE VIOLATION OF SAID ORDINANCE; TO PROVIDE FOR THE EFFECTIVE DATE

            THEREOF; AND OTHERWISE TO PROVIDE WITH RESPECT THERETO.

 

 

            NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of the Village of Choudrant, Louisiana, convened in Regular Session this 2nd day of October, 2006, that the following Ordinance is hereby enacted:

 

SECTION 1.

           

Itinerant Vendors.

 

            A.        It shall be unlawful for any peddler, hawker, itinerant vendor,

                        and every person who displays sample models, goods, main-

                        tenance services, wares, or merchandise on a temporary basis

                        in any hotel, motel, store, storehouse, house, vehicle, or any

                        other place, for the purpose of securing orders for the retail

                        sale of such goods, wares, or services, whether for immediate

                        or future delivery, to do so without having first obtained a

                        license from the Village of Choudrant.

 

            B.         For purposes of this section, an itinerant vendor shall be

                        defined as any individual, company, corporation, or the

                        representative thereof which is domiciled outside Lincoln

                        Parish, Louisiana, and does not maintain a permanent place of business

                        within the parish.

 

            C.        The Village of Choudrant shall prescribe the appropriate form

                        to be completed by any itinerant vendor and shall be entitled

                        to receive the sum of FIFTY AND NO/100 ($50.00) DOLLARS

                        for each license application to defer the administrative expenses

                        of enforcing this section.  All licenses issued in connection

                        with this section shall be valid through the end of the calendar

                        year in which such license is issued.  The Village of Choudrant

                        may use the services of the Lincoln Parish Sheriff’s office to

                        investigate the character and fitness of any applicant for an

                        itinerant vendor’s license.

 

            D.        A vendors itinerant vendor’s license shall be kept on the person

                        of the itinerant vendor or prominently displayed in a conspicuous

                        place on the premises where such sale or exhibit is being conducted

                        and shall remain so displayed so long as any goods, merchandise,

                        or services are being sold or exhibited.

 

            E.         This section shall not apply to sales made at arts and crafts fairs

                        or festivals sponsored by a Louisiana nonprofit organization or

                        to sales made at events commonly known as flea markets, stamp

                        shows, trade shows, festivals, fairs, or gun shows, or to sales of                                                 agricultural products, seafood, or handcrafted products, in

                        accordance with L.R.S. 37:1923(A).

 

            F.         Any person violating the provisions of this section shall upon

                        conviction thereof be fined a sum not to exceed FIVE HUNDRED

                        AND NO/100 ($500.00) DOLLARS, or sentenced to not more

                        than thirty (30) days in jail, or both.

 

SECTION 2.

 

            If any section, paragraph, sentence, clause and/or phrase of this Ordinance or the application thereof is declared unconstitutional, unenforceable or invalid by the valid judgment of any court of competent jurisdiction such unconstitutionality, unenforceability or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses and/or phrases of this Ordinance, since the same would have been enacted by the Village of Choudrant without the incorporation in this Ordinance of any such unconstitutional, unenforceable or invalid section, paragraph, sentence, clause or phrase.  To that end, the provisions of this Ordinance are hereby declared severable.

 

           

 SECTION 3.

 

            All other ordinances, or any parts thereof, which are in conflict with the provisions of this Ordinance are hereby repealed.

           

 

SECTION 4.

 

            The effective date of this Ordinance shall be January 1, 2007.

 

 

           

            This above and foregoing Ordinance was introduced by Jimmy McGrew at the regular meeting of the Board of Aldermen of the Village of Choudrant, Louisiana, held on September 11, 2006.  A motion was then made to adopt said Ordinance by Eddie Ford at the regular meeting of the Board of Aldermen of the Village of Choudrant, Louisiana, held on October 2, 2006, which motion was seconded by Jimmy McGrew and thereafter adopted as a whole by the following YEA and NAY vote:

 

 

 

YEAS:             Ragan Aswell

                        Eddie Ford

                        Jimmy McGrew

NAYS:     None

 

 

ABSENT:            None

 

            WHEREUPON, this Ordinance was declared duly adopted this 2nd day of  October, 2006.

 

 

 

_______________________________          ___________________________________

CELESTE H. BUTLER, Clerk             BILL SANDERSON, Mayor

VILLAGE OF CHOUDRANT                        VILLAGE OF CHOUDRANT