§ 34-37. Vendors in a fixed location; permit requirements and regulations.

(a)

There shall be a $1,000.00 deposit on each permit to guarantee payment of sales tax at the end of the Mardi Gras season. This deposit will be forfeited 30 days after Mardi Gras if the taxpayer has not filed his sales tax return. This provision shall not restrict the authority of the director of finance to assess and collect sales tax and use tax in accordance with section 150-441 et seq.

(b)

A specific location can be assigned but not guaranteed by the city.

(c)

Vendors at fixed locations on public streets may set up their vehicles during "parade time" only.

(d)

When the use of fixed location would interfere with a parade along a particular route or interfere with public safety, the city shall have the option to deny the use of such location for such period of time as may be necessary.

(e)

Vendors selling from fixed locations shall comply with all provisions of chapter 154 relative to traffic regulations, especially, but not exclusively with regard to distances from fire hydrants and intersections.

(f)

The trailer, van and any appendant thereto from which a vendor sells shall not exceed 30 feet in length, inclusive of any auxiliary or ancillary equipment, or nine feet in width. Vendors must sell and display from a "vehicle"; no stands, card tables or the like shall be allowed on public streets, sidewalks, alleys, parks, squares, neutral grounds or rights-of-way for the sale or display of goods.

(g)

All vendors selling from fixed locations shall have the mayoralty permit as provided for in section 34-35 publicly displayed at his place of business and failure to do so shall constitute a violation of this article.

(h)

No Mardi Gras mayoralty permit shall be issued for vendors from fixed locations on public streets, sidewalks, alleys, parks or squares in the Vieux Carré as defined in chapter 166.

(i)

All applicants for Mardi Gras mayoralty permits to sell food and/or drinks on public or private property must show proof of compliance with all regulations and requirements of the state department of health and the department of fire, fire prevention bureau, before a permit can be issued by the department of finance.

(j)

Vendors selling from fixed locations shall provide containers sufficient for the storage, in a sanitary manner, of all trash, garbage, or any other refuse generated by their business activities at each authorized location during "parade time" as defined in section 34-34 of this Code. The contained refuse shall be deposited upon the curb nearest each vendor's authorized fixed location upon the departure of said vendor.

(k)

Vendors selling from fixed locations shall not conduct sales from the side of his location that faces the street or on the immediate street side of his location.

(l)

Every fixed location vendor utilizing a flammable gas cooking apparatus must have a permit from the fire department.

(m)

Vendors in a fixed location shall be prohibited from selling silly string. For the purposes of this section, "silly string", regardless of its brand name, shall be defined as an item purchased from a vendor during Mardi Gras season and when used, emits a string-like or streamer-like substance that is shot or expelled from a pressurized container.

(n)

Vendors in a fixed location shall be prohibited from selling stink bombs. For the purposes of this section, a "stink bomb", regardless of its actual brand name, shall be defined as a device purchased from a vendor during Mardi Gras season for the purpose of emitting an odorous substance when used.

Vendors in a fixed location shall be prohibited from selling snap pops. For the purposes of this section, a "snap pop," regardless of its actual brand name, shall be defined as a device purchased from a vendor during Mardi Gras season which contains high explosives.

(o)

Any person or entity possessing an alcoholic beverage permit who permits or allows the sale or consumption of alcoholic beverages on the parking or driveway area of a fixed location, pursuant to section 10-404 of this Code, shall pay the following additional fees:

(1)

Mayoralty permit ..... 500.00

(2)

License fee ..... 150.00

(M.C.S., Ord. No. 19,314, § 1, 7-15-99; M.C.S., Ord. No. 19,397, § 2, 10-7-99; Ord. No. 20,038, § 1, 2-1-01; M.C.S., Ord. No. 23390, § 1, 2-5-09; M.C.S., Ord. No. 25661, § 4, 1-23-14)