Ordinance 2025-10 Mobile Vendor Permits

[City Clerk]

Ordinance 2025-10 Mobile Vendor Permits

AN ORDINANCE TO ADD SECTIONS
10-10012 thru 10-4015, MOBILE VENDOR REGULATIONS

• Sec. 10-10012. – Mobile Vendor Permit Requirements.
(1). A mobile vendor permit shall be applied for on forms provided by the permit clerk, and in the format and number of copies as required by the instructions contained therein.
(2). No permit shall be issued until all requisite approvals of the state department of health and hospitals in accordance with prevailing state law and registration with the Louisiana Department of Revenue and local tax collection agencies are received by the permit clerk.
(3). The mobile vendor shall provide the permit clerk with the current vehicle registration and license. The driver of vehicle transporting the mobile food truck must possess a valid driver’s license.
(4). The mobile vendor shall provide the permit clerk with a certificate of liability insurance reflecting coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and the City of Jeanerette named as an additional insured.
(5). The mobile vendor shall execute a hold harmless and indemnification agreement with the City of Jeanerette in a form acceptable to the said city.
(6). The mobile vendor shall comply with all applicable laws and regulations of the State of Louisiana and the Code of Ordinances of the City of Jeanerette.
(7). If the applicant is a corporation, partnership, limited liability company, firm or other legal entity of any type other than a natural person, the names and addresses of all officers, partners, members, principals and/or registered agents shall be attached to the application.
(8). The applicant or permit holder must notify the permit clerk within ten days of any change to the information provided under this section.
(9). Any permit issued herein shall be issued on an annual basis and shall expire on December 31 of the issuing year. Renewal applications shall be made by January 31 of the subsequent years and shall include a current certificate of liability insurance as required in subsection (a4) hereof. Failure to timely renew shall result in revocation of all rights provided in this section.
(10) No mobile food truck shall sell, or give alcoholic beverages, controlled substances, or any item that is not included within the definition of victuals.
(11). Permits shall be conspicuously displayed and affixed to the front windshield of the mobile food truck to be clearly visible at all times from the outside of the said truck. The permit issued hereunder shall be produced and handed over immediately upon request to a law enforcement officer or code enforcement, or its agent.
(12). An applicant for, or holder of, a permit issued hereunder who is aggrieved by a decision of the city's permit department in denying an application for a permit may, within ten days of the notification of the decision, appeal to the Jeanerette city council.
(13). Permits issued pursuant to this article shall not be sold, transferred, assigned, leased, or subleased to any other operator, permit holder, person, or entity. Any such sale, transfer, assignment, lease or sublease renders the permit null and void. Nothing contained herein shall be construed to give an operator or permit holder the exclusive right to operate within the city.
(14). The mobile food establishment operator shall comply with all state and local health and other applicable regulatory agency requirements, including, but not limited to, the requirements for food preparation and service.
(15). No item related to the operation of the mobile food establishment shall be placed on the street, sidewalk, public place or anywhere other than in or on the mobile food establishment. Mobile food establishments shall not park or operate on public property or city owned property.
(16). The mobile food establishment operator shall be responsible for the proper disposal of waste and trash associated with the mobile food establishment operation. No grease, waste, trash or other debris from the mobile food establishment operation shall be deposited on or released onto public property, which includes streets, sidewalks or other public place, nor into the gutter or storm drainage system. The mobile food establishment operator shall keep the immediate area in a five-foot radius from the center of the mobile food establishment clean of garbage, trash, paper, cups, cans or litter associated with the mobile food establishment operation. Unless otherwise permitted by the city, a mobile food establishment operator shall not use city trash receptacles or other city waste disposal containers for the disposal of waste and trash associated with the mobile food establishment.
(17). The mobile food establishment shall not have attached to it any bell, siren, horn, loudspeaker, flashing lights or any similar device to attract the attention of possible customers, nor shall the mobile food establishment operator use any such device to attract attention.
(18). Mobile food establishment operators shall not consume or be under the influence of alcohol or controlled substances while operating mobile food establishment.
(19). In the event of an emergency or in a situation where exigent circumstances arise, a mobile food establishment operator shall remove the mobile food establishment from the area when directed to do so by any law enforcement officer, fire official or emergency medical personnel.
(20). The city may require the temporary removal of mobile food establishment when street, sidewalk, or utility repairs necessitate such action.
(21). The issuance of a mobile food establishment permit does not grant or infer vested rights to the use of the designated location by the permit holder.
(22). All mobile food establishments, and any item related to the operation of the mobile food establishment, shall not be attached, chained, or in any manner affixed to any tree, post, sign, parking meter or other fixtures, curb or sidewalk.
(23). All mobile food establishments shall be located at least 100 feet from the main entrance to any fixed food establishment.
(24) All mobile food establishments shall be located at least ten feet from the edge of any driveway or public sidewalk, handicapped ramp, building entrances and exits, emergency access/exit ways, or fire lanes and shall not operate in any area that impedes, endangers, or interferes with pedestrian or vehicular traffic.
(25). No mobile food establishment permittee shall use a hibachi, grill, open flame, or other similar device for cooking, heating, or any other similar purpose within ten feet of any building or building overhang.
(26). All mobile food trucks shall be no more than twenty-six (26) feet in length and no more than eight (8) feet in width.
(27). All mobile food trucks may operate only between the hours of 6:00 a.m. and 12:00 midnight.
• Sec. 10-1013. - Permit Fees
(1). Upon issuance of the mobile vendor permit, an initial permit fee in the amount of two hundred dollars ($200.00) shall be paid by the applicant. The permit fee for the initial year may be prorated if the permit is issued after July 1. After July 1st the permit fee is $100.00. The permit fee is non-refundable.
(2). The annual renewal fee in the amount of two hundred dollars ($200.00) shall be paid to the permit clerk together with submission of the renewal application. The renewal application states that all information provided on the initial application is still correct and the permit holder is still in compliance with all requirements. The permit fee is non-refundable.
(3). The permit issued herein is valid only to applicant and cannot be transferred to another person. If the permit is issued to a corporation or limited liability company, it shall be revoked in the event fifty (50) percent or more of the stock or membership units are transferred. Failure of the mobile vendor permit holder to notify the permit clerk within ten (10) days of the transfer of said stock or membership units shall result in a violation of this section.
(4). The mobile vendor permit holder shall immediately notify the permit clerk if the state department of health and hospitals revokes its license to operate. In which case the permit issued by the city must be returned to the permit clerk who shall retain same until the state department of health and hospitals has reissued its license, or the city's permit has expired.
Sec. 10-4014. - Penalties
(1). Any violation of one or more provisions of this division may be grounds for revocation of any permit issued hereunder, and shall be punishable by a fine under Sec. – 1-1008 of the City of Jeanerette Code of Ordinances
(2). Violations of the provisions of this division may be brought by the appropriate authority for adjudication in a court of competent jurisdiction.
• Sec. 10-4014-102. - Exceptions
(1). Permits issued for mobile food establishment under the provisions of this article shall be temporarily suspended at locations designated for special events. Permit holders may, however, apply to continue their operation during the special event pursuant to the procedures set up by a special event organizer.
• Sec. 10-4015 - Mobile food truck definitions.
When used in this section, unless otherwise indicated, the following terms shall have the following meanings:
Mobile vendor means a person, natural or juridical, who has obtained a valid permit issued by the director of revenue, regulatory codes and permits to operate a mobile food truck to serve or distribute victuals within the corporate limits of the City of Jeanerette.
Mobile food establishment means a vehicle-mounted food establishment designed to be readily movable, which includes a motorized or towed self-contained food service operation truck or towed self-contained trailer unit designed to be readily movable. A mobile food establishment shall not mean a stand, booth, or cart.
Permit means the official document issued by the director of revenue, regulatory codes and permits authorizing the mobile vendor to operate of a mobile food truck which correctly reflects the correct name and address of the mobile vendor; reflecting food truck, the location and type of permitted activity.
Permit holder means an operator that holds a current and valid permit issued pursuant to this article.
Permitted activity means the operation of a mobile food establishment with a permit.
Sale, sell or selling means the lending or exchange of merchandise, including food and beverages, or services for money, and shall include the lending or exchange of merchandise, including food and beverages, for discretionary monetary donations.
Public right-of way means any public street, alley, road, sidewalk, neutral ground, or other passageway whereby pedestrians or vehicles traverse.
Victuals means food of any kind that is prepared, packaged, or in a form that is suitable for immediate ingestion or consumption by human beings.
Special events mean organized special events or activities sponsored and/or produced by governmental or quasi-governmental organizations that are of general public interest and are open to public attendance and other events as determined by the city. A special event permit is issued for one to three days.
This Ordinance shall take effect and be in force 10 days after its adoption.
BE IT FURTHER ORDAINED, that all ordinances and resolutions in conflict herewith are hereby repealed.
This Ordinance was introduced on the 13th day of October 2025 by Alderwoman Clay and second by Alderwoman Simmons notice of public hearing having been posted on October 16, 2025, said public hearing having been held on November 10, 2025 the title having been read and the ordinance considered, on motion of Alderman Duplechain whom moved its adoption, seconded by Alderman Bourgeois, and upon roll call was adopted by its title, section by section, and as a whole, by the following yeas and nay vote:
YEAS: Alderwoman Clay, Alderwoman Moore, Alderman Bourgeois, Alderwoman Simmons, Alderman Duplechain
NAYS: None
ABSTAIN: None
ABSENT: None
This Ordinance was thereupon declared adopted by Mayor and was approved and signed by him and attested by the City Clerk and the corporate seal of the City of Jeanerette affixed hereto on this 12th day of November, 2025.
CITY OF JEANERETTE


__________/s/______________
Carol Bourgeois, Jr. MAYOR
ATTEST:


___________/s/__________________
Susan Colden CITY CLERK