§ 110-197. Franchise requirements.

(a)

For a stationary vendor to lawfully operate in the City of New Orleans, a valid franchise agreement with the city shall be obtained in such a manner pursuant to this division.

(b)

A stationary vending franchise shall be applied for with the department of public works and shall be on forms provided by the city and in the format and number of copies as required by the instructions. No franchise shall be issued until all applicable, requisite approvals by the State Department of Health and Hospitals and/or the Louisiana Department of Wildlife and Fisheries are finalized, and received by the department of public works. All franchisees shall comply with all applicable laws and regulations of the State of Louisiana and the Code of the City of New Orleans.

(c)

The director of the department of public works, or his/her authorized designee, shall evaluate the stationary vending franchise application and submit to the city council a report and recommendation for review and approval. The city council may issue revocable franchises for the use of certain city streets on such terms and conditions as provided in this division.

(d)

Each application for a stationary vending franchise shall provide the desired fixed location on a public street in the City of New Orleans with specificity, and shall provide the desired days of the week and correlating hours the location is proposed to be occupied by the potential franchisee.

(e)

Each application for a stationary vending franchise shall provide a photo and the dimensions of the vehicle to be used in the sale of items specified herein. In no event shall any vehicle be more than 20 feet in length or eight feet in width.

(f)

The following standards and criteria shall be utilized by the department of public works in formulating its recommendation to the city council relative to the appropriateness of an applicant's desired location, day(s) and time(s):

(1)

Creation of a pedestrian or vehicular safety hazard;

(2)

Road, sidewalk and public right-of-way geometrics including, but not limited to, design, alignment, configuration, width, and vehicle site-line distance;

(3)

Impediments to traffic flow;

(4)

Traffic congestion, patterns circulation, movements and average daily trip volumes;

(5)

Speed limits and traffic speeds;

(6)

Traffic studies and accident rates;

(7)

On-street parking requirements;

(8)

The geographic make-up of the area;

(9)

Impact on any residential uses; and

(10)

Any other factor deemed to be a potential safety hazard by the department of public works.

Upon evaluating an application for a stationary vending franchise, the department of public works shall recommend approval or denial in a written report to the city council. The department of public works shall recommend denial of a franchise request that has a significant adverse impact on vehicular or pedestrian flow, movement or safety.

(g)

If approved by the council, a serial-numbered franchise permit shall be codified in the stationary vending franchise ordinance. Said serial number shall appear on signage placed by the city at the designated selling location and on the stationary vending franchise permit. The department of public works shall also mark the street with lines to indicate the approved stationary vending location. The stationary vending franchise permit shall be conspicuously displayed and affixed to the front windshield, lower corner, passenger side and be clearly visible from outside the motor vehicle at all times during operation. No franchisee shall remain or continue to occupy their designated location beyond the approved days and times without amending their franchise ordinance.

(h)

Franchises are not valid:

(1)

In the Vieux Carré;

(2)

During the Mardi Gras Season in the locations governed by sections 34-34 et seq.;

(3)

During the Annual New Orleans Jazz and Heritage Festival Season within the area bounded by Florida Avenue on the north, North Broad Avenue on the east, Esplanade Avenue on the south, and Bayou St. John on the west (excluding the portion of that area contained within the exterior boundaries of the New Orleans Fair Grounds Racetrack) commencing at 7:00 a.m. on the first day of live music performances and continuing through and until 11:59 p.m. on the concluding day of live music performances;

(4)

In a clean zone as authorized by an ordinance adopted by the council; and

(5)

When the city requires the use of its public right-of-way to facilitate projects or events within the right-of-way.

(i)

The director of the department of public works may prescribe such other policies and procedures as to the processing of franchise applications as may be required to carry out the full intent and purpose of this division.

(j)

All applicants for a stationary vending franchise must post an official notification sign informing the public of a pending franchise application. The official notification sign shall be in a format designated by the department of public works and shall be installed by the applicant ten days before the council meeting at which the application will appear on the agenda for consideration. The official notification sign shall be conspicuously displayed on the same block as the proposed franchise in a location determined by the department of public works and shall be clearly visible. The sign shall include the following information:

(1)

The name of the franchise applicant and franchise application number,

(2)

The date, time, and location of the next council meeting at which the application will appear on the agenda for consideration, and

(3)

The proposed franchise location and days and times of operation.

(k)

All stationary vending franchise applicants shall be responsible for all costs associated with compliance with the notice requirements of this section.

(M.C.S., Ord. No. 25407, § 2, 7-25-13)