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Public Notices: Thursday, February 19th, 2009
Public Notices Published Thursday, February 19th, 2009Notice of Financial Statements of Hospital Service District No. 1 of Ouachita Parish
The financial statements of Hospital Service District No. 1 of Ouachita Parish as of December 31, 2007 and for the year then ended, as required by and furnished to the Legislative Auditor, are available for free at http://app1.lla.state.la.us/PublicReports.nsf, under the "By Parish" link, then the "Ouachita" link, and then the "Ouachita Parish Hospital Service District No. 1" link. Such financial statements are incorporated herein.
2/19
_____________________________________________________________
ADVERTISEMENT FOR BIDS
Sealed bids as listed below will be received by the Purchasing Office, 213 Thomas Boyd Hall, Louisiana State University, Baton rouge, Louisiana 70803, until times and dates indicated, at which time and place the bids will be publicly opened and read.
6229 Road Aggregate-Rebid 11:00 AM, 3/3/2009
Bid proposals forms, information and specification, may be obtained by accessing the bid number in LaPac at HYPERLINK "http://wwwprd.doa.louisiana.gov/osp/lapac/pubmain.asp" http://wwwprd.doa.louisiana.gov/osp/lapac/pubmain.asp or from the LSU Purchasing Office (Phone 225-578-2176). Evidence of authority to submit bids shall be required in accordance with R.S. 39:1594 ( C ) (2) (d) et al. The right is reserved to reject any or all bids and to waive informalities. LSU is an Equal Opportunity University.
2/19
_____________________________________________________________
ADVERTISEMENT FOR BIDS
Sealed bids will be received for the State of Louisiana by the Division of Administration, Office of Facility Planning and Control, Claiborne Office Building, 1201 North Third Street, Conference Room 1-145 (South Entrance 1st Floor - 1st door on the right), Post Office Box 94095, Baton Rouge, Louisiana 70804-9095 until 2:00 P.M., Thursday, March 12, 2009.
ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS SHALL NOTIFY FACILITY PLANNING AND CONTROL OF THE TYPE(S) OF ACCOMMODATION REQUIRED NOT LESS THAN SEVEN (7) DAYS BEFORE THE BID OPENING.
FOR:
Statewide Roofing Repairs
Phase 6, District 4
Statewide, Louisiana
PROJECT NUMBER:
01-107-97S-03, Part ML
Complete Bidding Documents may be obtained from:
Houston J. Lirette, Jr., APAC
6014 West Main Street
Houma, LA 70360
985-851-1484
upon deposit of $75.00 for each set of documents. Deposit on the first two sets are fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. Fifty percent (50%) of the deposit of all other sets of documents will be refunded upon return of documents as state above.
All bids must be accompanied by bid security equal to five percent (5%) of the sum of the base bid and all alternates, and must be in the form of a certified check, cashier's check or Facility Planning and Control Bid Bond Form written by a surety company licensed to do business in Louisiana, signed by the surety's agency or attorney-in-fact. Surety must be listed on the current U.S. Department of the Treasury Financial Management Service list of approved bonding companies as approved for an amount equal to or greater than the amount for which it obligates itself in the Bond, or must be a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide. If surety qualifies by virtue of its Best's listing, the amount of the Bond may not exceed ten percent (10%) of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide. The Bid Bond shall be in favor of the State of Louisiana, Office of Facility Planning and Control, and shall be accompanied by appropriate power of attorney. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable.
The successful Bidder shall be required to furnish a Performance and Payment Bond written by a company licensed to do business in Louisiana, in an amount equal to 100% of the Contract amount. Surety must be listed currently on the U.S. Department of Treasury Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount, or must be an insurance company domiciled in Louisiana or owned by Louisiana residents. If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000. However, a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide shall not be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide nor fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance. The Bond shall be signed by the surety's agent or attorney-in-fact.
A PRE-BID CONFERENCE WILL BE HELD
at 2 PM on Monday, March 2, 2009 at Room 1-145, the Claiborne Building, 1201 North Third St., Baton Rouge, LA 70802.
Bids shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2192 for classification of Roofing and Sheet Metal, Siding. Bidder is required to comply with provisions and requirements of LA. R.S. 38:2212(A)(1)(c). No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of LA. R.S. 38:2214.
The Owner reserves the right to reject any and all bids for just cause. In accordance with La. R.S. 38:2212(A)(1)(b), the provisions and requirements of this Section, those stated in the advertisement for bids, and those required on the bid form shall not be considered as informalities and shall not be waived by any public entity.
When this project is financed either partially or entirely with State Bonds, the award of this Contract is contingent upon the granting of lines of credit, or the sale of bonds by the State Bond Commission. The State shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is fully executed.
Facility Planning and Control is a participant in the Small Entrepreneurship Program (the Hudson Initiative) and bidders are encouraged to consider participation. Information is available from the Office of Facility Planning and Control or on its website at www.doa.louisiana.gov/fpc/fpc.htm.
STATE OF LOUISIANA
DIVISION OF ADMINISTRATION
FACILITY PLANNING AND CONTROL
JOHN DAVIS, DIRECTOR
2/12,2/19,2/26
_____________________________________________________________
LOST RETAIL INSTALLMENT CONTRACT
Anyone knowing the whereabouts of a Retail Installment Contract dated 8/23/05, in the amount of $9,620.30, signed by Derrick Covington, payable to Credit Acceptance Corporation, please contact Edward F. Bukaty, III. Telephone: (504) 831-9749.
2/12,2/19,2/26
_____________________________________________________________
ADVERTISEMENT FOR BIDS
Sealed bids will be received for the State of Louisiana by the Division of Administration, Office of Facility Planning and Control, Claiborne Office Building, 1201 North Third Street, Conference Room 1-145 (South Entrance 1st Floor - 1st door on the right), Post Office Box 94095, Baton Rouge, Louisiana 70804-9095 until 2:00 P.M., Wednesday, March 11, 2009.
ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS SHALL NOTIFY FACILITY PLANNING AND CONTROL OF THE TYPE(S) OF ACCOMMODATION REQUIRED NOT LESS THAN SEVEN (7) DAYS BEFORE THE BID OPENING.
FOR:
Reroof Industrial Trade & Administration Classroom Buildings
Louisiana Technical College-Delta Ouachita Campus
West Monroe, Louisiana
PROJECT NUMBER:
01-107-97S-03, Part MI
Complete Bidding Documents may be obtained from:
Architecture +
300 Washington Street
Suite 400
Monroe, LA 71201
318-387-2800
upon deposit of $100.00 for each set of documents. Deposit on the first two sets are fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. Fifty percent (50%) of the deposit of all other sets of documents will be refunded upon return of documents as state above.
All bids must be accompanied by bid security equal to five percent (5%) of the sum of the base bid and all alternates, and must be in the form of a certified check, cashier's check or Facility Planning and Control Bid Bond Form written by a surety company licensed to do business in Louisiana, signed by the surety's agency or attorney-in-fact. Surety must be listed on the current U.S. Department of the Treasury Financial Management Service list of approved bonding companies as approved for an amount equal to or greater than the amount for which it obligates itself in the Bond, or must be a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide. If surety qualifies by virtue of its Best's listing, the amount of the Bond may not exceed ten percent (10%) of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide. The Bid Bond shall be in favor of the State of Louisiana, Office of Facility Planning and Control, and shall be accompanied by appropriate power of attorney. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable.
The successful Bidder shall be required to furnish a Performance and Payment Bond written by a company licensed to do business in Louisiana, in an amount equal to 100% of the Contract amount. Surety must be listed currently on the U.S. Department of Treasury Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount, or must be an insurance company domiciled in Louisiana or owned by Louisiana residents. If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000. However, a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide shall not be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide nor fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance. The Bond shall be signed by the surety's agent or attorney-in-fact.
A PRE-BID CONFERENCE WILL BE HELD
at 10:30 AM on Friday, February 27, 2009 at Lobby of the Administration Building, LTC Delta Ouachita Campus, 609 Vocational Parkway, West Monroe, LA.
Bids shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2192 for classification of Building Construction or Roofing and Sheet Metal, Siding. Bidder is required to comply with provisions and requirements of LA. R.S. 38:2212(A)(1)(c). No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of LA. R.S. 38:2214.
The Owner reserves the right to reject any and all bids for just cause. In accordance with La. R.S. 38:2212(A)(1)(b), the provisions and requirements of this Section, those stated in the advertisement for bids, and those required on the bid form shall not be considered as informalities and shall not be waived by any public entity.
When this project is financed either partially or entirely with State Bonds, the award of this Contract is contingent upon the granting of lines of credit, or the sale of bonds by the State Bond Commission. The State shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is fully executed.
Facility Planning and Control is a participant in the Small Entrepreneurship Program (the Hudson Initiative) and bidders are encouraged to consider participation. Information is available from the Office of Facility Planning and Control or on its website at www.doa.louisiana.gov/fpc/fpc.htm.
STATE OF LOUISIANA
DIVISION OF ADMINISTRATION
FACILITY PLANNING AND CONTROL
JOHN DAVIS, DIRECTOR
2/12,2/19,2/26
_____________________________________________________________
ADVERTISEMENT FOR BIDS
SEPARATE SEALED BIDS FOR STREET IMPROVEMENTS IN THE TANGLEWOOD AREA - WEST, OUACHITA PARISH, LOUISIANA, FY 2008 LCDBG Program to be funded by the Louisiana Community Development Block Grant Program for Fiscal Year 2008 will be received by the Ouachita Parish Police Jury, (hereinafter referred to as OWNER) at the office of the Secretary-Treasurer in the Parish Courthouse Building, 300 St. John Street, Monroe, Louisiana, until ten (10:00) o'clock A.M. CDT, Tuesday, March 10, 2009. Sealed bids will be publicly opened and read aloud at that time. Any bids received after closing time will be returned to the bidder unopened.
All bids must be submitted on the proper bid proposal forms in triplicate. Each bid shall be sealed and plainly marked as "Bid for Street Improvements in the Tanglewood Area - West, Ouachita Parish, Louisiana, FY 2008 LCDBG Program." The contractor must display his contractor's license number prominently on the outside of the envelope.
The Contract Documents including complete plans and specifications may be examined and procured at the office of the Engineer, Harrison and Associates, Inc., Consulting Engineers, 200 Washington Street, 2nd Floor, Monroe, Louisiana. A refundable deposit of $50.00 shall be required for each set of Contract Documents.
If the bidder is a corporation, a corporate resolution authorizing a representative of the corporation to sign the bid must accompany the bid.
Each bidder must deposit with his/her bid, security in the amount, form, and subject to the conditions provided in the Information for Bidders. Sureties used for obtaining bonds must appear as acceptable on the U.S. Department of Treasury Circular 570.
For contractor information, this project is classified as municipal and public works construction.
No bidder may withdraw his/her bid within thirty (30) days after the actual date of the opening thereof.
Attention to bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the Contract, Section 3, Segregated Facilities, Section 109, Executive Order 11246, and all applicable laws and regulations of the Federal Government and State of Louisiana and bonding and insurance requirements.
IN PARTICULAR, BIDDERS SHOULD NOTE THE REQUIRED ATTACHMENTS AND CERTIFICATIONS TO BE EXECUTED AND SUBMITTED WITH THE BID PROPOSAL.
The successful Bidder will be required to execute the Owner's Standard Form of Agreement/Contract for construction together with the Performance and Payment Bonds within ten (10) calendar days after normal award of contract.
The contractor shall begin mobilization and procurement of materials within ten (10) calendar days of the Notice to Proceed.
Please notify the Ouachita Parish Police Jury at (318) 327-1340 seven (7) days in advance of the scheduled bid opening if special accommodations specified under ADA are required.
The Owner hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, that Minority Business Enterprises will be afforded equal opportunity to submit offers in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin or disability in consideration for an award.
The owner reserves the right to reject any and all bids for just cause, and, waive any and all formalities not required by the Louisiana Public Bid Law (La.R.S.38:2211-2296).
January 29, 2009
OWNER: OUACHITA PARISH POLICE JURY
BY: Walter M. Caldwell, IV-President
2/5,2/12,2/19
_____________________________________________________________
NOTICE TO BIDDERS
Sealed Bids will be received by the Ouachita Parish School Board, 100 Bry Street, Monroe, Louisiana 71210-1642 until 3:00 P.M., March 17, 2009.
For: Sterlington Elementary School
Hwy 165 N
Sterlington, La 71280
Ouachita Parish School Board
Bid Number: 38-09
Complete Bidding Documents for this project are available in electronic form. They may be obtained without charge and without deposit from HYPERLINK "http://www.aeplans.com" www.aeplans.com. Printed copies are not available from the Architect but arrangements can be made to obtain them through most reprographic firms. Plan holders are responsible for their own reproduction costs. Questions about this procedure shall be directed to the Architect at
TBA Studio
103 Cypress Street
West Monroe, Louisiana 71291
Telephone: (318) 340-1550
Facsimile: (318) 998-1315
E-mail: bmcguire@tbarchitecture.com
This project is classified as building construction. All bids must be accompanied by bid security equal to five (5%) of the base bid and all additive alternates, and must be in the form of a certified check, cashier’s check or bid bond written by a company licensed to do business in Louisiana, countersigned by a person who is under contract with the surety company or bond issuer as a licensed agent in this State and who is residing in this state. No Bid Bond indicating an obligation of less than five percent (5%) by any method in acceptable.
The successful Bidder will be required to furnish a performance and payment bond written by a company licensed to do business in Louisiana, and shall be countersigned by a person who is contracted with the surety company or bond issuer as agent of the company or issuer, and who is licensed as an insurance agent in this State, and who is residing in this state, in an amount equal to the 100% of the contract amount.
No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of Act 111 of 1983.
Bids may be submitted electronically through BidSync.
A mandatory pre-bid conference will be Tuesday, March 3, 2009, at 9:00 A.M., at the library on the Sterlington High School campus; Highway 165 North. Bids shall be accepted only from Contractors who attend the Pre-bid Conference.
The Owner reserves the right to reject any and all bids.
Ouachita Parish School board
Jack White, President
Attest: Dr. Robert Webber, ED.D, Secretary
2/12, 2/19, 2/26
_____________________________________________________________
NOTICE TO BIDDERS
Sealed Bids will be received by the Ouachita Parish School Board, 100 Bry Street, Monroe, Louisiana 71210-1642 until 2:00 P.M., March 10, 2009.
For: Walkway & Breezeway Enclosure
Kiroli Elementary School
700 Kiroli Rd
West Monroe, Louisiana
Ouachita Parish School Board
Bid Number: 41-09
Complete Bidding Documents may be obtained from:
Rice Gregory & Associates APC
P.O. Box 585 (Call 318-366-2601)
West Monroe, Louisiana 71294
Phone: (318) 366-2601
upon deposit of $200 for each set of documents. Deposit on the first set is fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. The deposit of all other sets of documents will be refunded 50% upon return of documents as stated above.
All bids must be accompanied by bid security equal to five (5%) of the base bid and all additive alternates, and must be in the form of a certified check, cashier’s check or bid bond written by a company licensed to do business in Louisiana, countersigned by a person who is under contract with the surety company or bond issuer as a licensed agent in this State and who is residing in this state. No Bid Bond indicating an obligation of less than five percent (5%) by any method in acceptable.
The successful Bidder will be required to furnish a performance and payment bond written by a company licensed to do business in Louisiana, and shall be countersigned by a person who is contracted with the surety company or bond issuer as agent of the company or issuer, and who is licensed as an insurance agent in this State, and who is residing in this state, in an amount equal to the 100% of the contract amount.
No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of Act 111 of 1983. Bids may be submitted electronically through BidSync.
The Owner reserves the right to reject any and all bids.
Ouachita Parish School board
Jack White, President
Attest: Dr. Robert Webber, ED.D, Secretary
2/5, 2/12, 2/19
_____________________________________________________________
NOTICE TO BIDDERS
Sealed Bids will be received by the Ouachita Parish School Board, 100 Bry Street, Monroe, Louisiana 71210-1642 until 2:00 P.M., March 17, 2009.
For: Alterations to Jack Hayes Elementary School
3631 Old Sterlington Rd
Monroe, LA
Ouachita Parish School Board
Bid Number: 42-09
Complete Bidding Documents may be obtained from:
Rice Gregory & Associates APC
P.O. Box 585 (Call 318-366-2601)
West Monroe, Louisiana 71294
Phone: (318) 366-2601
upon deposit of $200 for each set of documents. Deposit on the first set is fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. The deposit of all other sets of documents will be refunded 50% upon return of documents as stated above.
All bids must be accompanied by bid security equal to five (5%) of the base bid and all additive alternates, and must be in the form of a certified check, cashier’s check or bid bond written by a company licensed to do business in Louisiana, countersigned by a person who is under contract with the surety company or bond issuer as a licensed agent in this State and who is residing in this state. No Bid Bond indicating an obligation of less than five percent (5%) by any method in acceptable.
The successful Bidder will be required to furnish a performance and payment bond written by a company licensed to do business in Louisiana, and shall be countersigned by a person who is contracted with the surety company or bond issuer as agent of the company or issuer, and who is licensed as an insurance agent in this State, and who is residing in this state, in an amount equal to the 100% of the contract amount.
No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of Act 111 of 1983. Bids may be submitted electronically through BidSync.
The Owner reserves the right to reject any and all bids.
Ouachita Parish School Board
Jack White, President
Attest: Dr. Robert Webber, ED.D, Secretary
2/12, 2/19, 2/26
_____________________________________________________________
PUBLIC NOTICE
NOTICE is hereby given that the Heritage Preservation Commission of the City of West Monroe will meet in legal session on Monday, March 2, 2009 at 5:30 p.m. in the Council Chambers of West Monroe City Hall.
APPLICATION NO: COA-09-70000001
APPLICANT: DIOKO LLC / HAMMETT PROPERTIES INC LOCATION:
109 MCCLENDON STREET
111 MCCLENDON STREET
113 MCCLENDON STREET
115 MCCLENDON STREET
117 MCCLENDON STREET
119 MCCLENDON STREET
210 MCCLENDON STREET
LGL DSCRP: LOTS 2, 3, 4, 5, 6, 7, & 11 RESUB OF LOTS 3 THRU 12 A PORTION OF LOTS 18 THRU 24 IN BLK 2 OF A & E SOUTHERN ADDN.
REQUEST: CERTIFICATE OF APPROPRIATENESS FOR EXTERIOR PAINTING (COLORS TO BE PROVIDED AT MEETING) OF HOMES LOCATED IN THE DON JUAN FILHIOL DISTRICT.
The public is invited to attend this meeting.
2/19,2/26
_____________________________________________________________
STATE OF LOUISIANA
CITY OF WEST MONROE
ORDINANCE NO. 3791
MOTION BY: Mr. Ragland
SECONDED BY: Mr. Bennett
AN ORDINANCE AUTHORIZING THE CITY OF WEST MONROE, LOUISIANA TO AUTHORIZE EXECUTION OF AGREEMENT ESTABLISHING A PREDIAL SERVITUDE OF PASSAGE BY AND BETWEEN THE CITY OF WEST MONROE, LOUISIANA AND GOLDMAN EQUIPMENT, LLC, WHICH AGREEMENT DOES NOT LIMIT ANY PUBLIC PURPOSE OTHERWISE NEEDED FOR THAT PROPERTY BY THE CITY OF WEST MONROE, LOUISIANA, AND ALL IN FURTHER CAUSE AND CONSIDERATION OF THE PURCHASE OF CERTAIN IMMOVABLE PROPERTY BY GOLDMAN EQUIPMENT, LLC, AS PROVIDED IN ORDINANCE NO. 3685, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, the City of West Monroe, Louisiana, owns certain immovable property adjacent to a tract earlier purchased by Goldman Equipment, LLC, which purchase was authorized in Ordinance No. 3685; and
WHEREAS, contemporaneously with that purchase, the deed of which is in Conveyance Book 2119, Page 641, records of Ouachita Parish, the City of West Monroe, Louisiana and Goldman Equipment, LLC entered into an Agreement providing for certain additional obligations of each of the City of West Monroe, Louisiana and Goldman Equipment, LLC, all of which obligations were in further cause and consideration of the purchase and subsequent development of that certain immovable property from the City of West Monroe by Goldman Equipment, LLC; and among those obligations was the agreement by the City of West Monroe, Louisiana to execute an agreement establishing a predial servitude of passage; and
WHEREAS, the terms and conditions relating to the purchase of the property from the City of West Monroe by Goldman Equipment, LLC, and the purchase price received by City of West Monroe, Louisiana, and the obligations contemporaneously incurred by the City of West Monroe, Louisiana and by Goldman Equipment, LLC were all good and valuable cause and consideration for the overall transaction, were fair and reasonable, and were beneficial to the City of West Monroe, Louisiana, and its residents;
NOW, THEREFORE:
SECTION 1. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, the City of West Monroe, Louisiana is hereby authorized to enter into that Agreement Establishing Predial Servitude of Passage by and between the City of West Monroe, Louisiana and Goldman Equipment, LLC, all as is more particularly set forth on the attached Exhibit “A”;
SECTION 2. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Dave Norris, Mayor of the City of West Monroe, Louisiana, be and he is hereby authorized to execute any and all other documents and to take any and all other action deemed by him to be either necessary or appropriate in order to satisfy those obligations undertaken by the City of West Monroe, Louisiana incident to the earlier purchase by Goldman Equipment, LLC and their subsequent development of that property.
SECTION 3. The above ordinance was introduced on January 13, 2009, in regular and legal session convened; notice of this ordinance was published three times in fifteen (15) days, one week apart, as required by R.S. 33:4712; no opposition being filed, it is considered by sections, voted on by yea and nay vote, passed and adopted in legal session convened this 10th day of February, 2009, with the final vote being as follows:
YEA: Bennett, Pearson, Brian, Ragland
NAY: None
NOT VOTING: None
ABSENT: Yeager
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 10TH DAY OF FEBRUARY, 2009. Dave Norris, Mayor, City of West Monroe, State of Louisiana
2/19
_____________________________________________________________
STATE OF LOUISIANA
CITY OF WEST MONROE
ORDINANCE NO. 3796
MOTION BY: Mrs. Pearson
SECONDED BY: Mr. Ragland
AN ORDINANCE REVOKING PORTIONS OF UNNEEDED UTILITY
SERVITUDES IN THE CITY OF WEST MONROE, LOUISIANA, BEING UTILITY SERVITUDES EARLIER DEDICATED TO THE CITY IN THE PLAT OF UNIT NO. 2 CONSTITUTION CENTRE, AS RE-SUBDIVIDED IN THAT CERTAIN PLAT OF A RESUBDIVISION OF LOT 1, UNIT NO. 2 CONSTITUTION CENTRE AND EARLIER GRANTED TO THE CITY OF WEST MONORE IN BOOK 1380, PAGE 247, UNDER REGISTRY NO. 940399 OF THE OFFICIAL CONVEYANCE RECORDS OF OUACHITA PARISH, LOUISIANA, WHICH WILL BE SUPPLANTED AND SUPERCEDED BY THOSE UTILITY SERVITUDES DEDICATED IN THE PLAT OF LOWE’S HOME CENTERS SUBDIVISION, ALL SUBJECT TO CERTAIN CONDITIONS, AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, certain utility servitudes were dedicated for the benefit of the City of West Monroe, Louisiana (the “City”), in the Plat of Unit No. 2 Constitution Centre, the plat of which is of record in Plat Book 18, Page 85, records of Ouachita Parish, Louisiana, as re-subdivided in the Plat of a Resubdivision of Lot 1, Unit No. 2 Constitution Centre, the plat of which is of record in Plat Book 19, Page 198;
WHEREAS, certain utility servitudes were further granted to the City in Conveyance Book 1380, Page 247 under Registry No. 940399 of the official Conveyance Records of Ouachita Parish, Louisiana;
WHEREAS proposed commercial development within portions of that subdivision require the relocation of certain utility servitudes or portions of servitudes, and the dedication of additional utility servitudes, all of which are more fully set forth on the plat of Lowe’s Home Centers Subdivision, which has been approved by the City and is attached hereto as Exhibit A and incorporated herein for all purposes (the “Resubdivision”); and
WHEREAS, as it is the intent of the city to formally revoke the dedication of those unused and unneeded servitudes previously established, all of which are reflected by the designation of “to be revoked by separate instrument” on the plat of the Resubdivision, shown on Exhibit A as crosshatched, and the owner of that property has now requested the City take that action;
WHEREAS, the city is agreeable with the requested revocations, but subject to the execution and filing of the Resubdivision and the prior relocation of all existing utility service lines within the areas to be revoked, such relocation to be at the cost of the landowner and further subject to City inspection and approval upon completion of relocation.
NOW, THEREFORE,
SECTION 1. BE IT ORDAINED, by the Mayor and Board of Alderman of the City, in regular and legal session convened, that subject only to execution and filing of the Resubdivision and to the prior relocation of all existing utility service lines within the areas to be revoked at the cost of the landowner and further subject to the City inspection and approval, those portions of the utility servitudes indicated as “to be revoked by separate instrument” and as crosshatched on the copy of the proposed Resubdivision attached hereto as Exhibit A, be and they are each hereby forever revoked and set aside.
SECTION 2. BE IT FURTHER ORDAINED, by the Mayor and Board of Alderman of the City, in regular and legal session convened, that Dave Norris, Mayor of the City be and he is hereby authorized to take any action or execute any further documents he deems either necessary or proper to carry out the provisions of the foregoing.
SECTION 3. BE IT FURTHER ORDAINED, by the Mayor and Board of Alderman of the city, in regular and legal session convened, that this Ordinance and its provisions are to be construed to be severable in regards to any of its provisions, portions or parts, and that in the event any part or portion or provision of this Ordinance should be held invalid, then in such event, such invalidity shall not affect any other provisions, portions, or parts which can be given effect without the invalid provision, and this Ordinance hereby is declared severable.
The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Alderman, in regular and legal session convened, voted on by yea and nay vote, passed and adopted this 10th day of February, 2009, the final vote being as follows:
YEA: Bennett, Pearson, Brian, Ragland
NAY: None
NOT VOTING: None
ABSENT: Yeager
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 10TH DAY OF FEBRUARY, 2009. Dave Norris, Mayor, City of West Monroe, State of Louisiana
2/19
_____________________________________________________________
STATE OF LOUISIANA
CITY OF WEST MONROE
ORDINANCE NO. 3797
MOTION BY: Mrs. Pearson
SECONDED BY: Mr. Ragland
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COOPERATIVE ENDEAVOR AGREEMENT WITH THE LOUISIANA DEPARTMENT OF ECONOMIC DEVELOPMENT RELATING TO OBTAINING A STUDY THAT WILL ALLOW WEST MONROE AND THE WESTERN PORTION OF OUACHITA PARISH TO ENVISION ITS FUTURE ECONOMIC DEVELOPMENT; AND OTHERWISE PROVIDING WITH RESPECT THERETO.
SECTION 1. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Dave Norris, Mayor of the City of West Monroe, is hereby authorized to enter into a Cooperative Endeavor Agreement with the Louisiana Department of Economic Development relating to undertaking programs, projects and services in order to obtain a study that will allow West Monroe and the western portion of Ouachita Parish to envision its future economic development, unless a portion of “Louisiana: Vision 2020", the master plan for economic development for the State of Louisiana, with the City of West Monroe and the Louisiana Department of Economic Development to each provide $30,000.00 in matching funds and for a visioning study for the West Monroe and the western portion of Ouachita Parish, all as more fully set forth in the Cooperative Endeavor Agreement attached as Exhibit “A”.
SECTION 2. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Dave Norris, Mayor of the City of West Monroe, Louisiana be and he is hereby authorized to take any action or execute any further documents (including revisions to the Cooperative Endeavor Agreement attached as Exhibit “A”) and to take any and all further actions he deems either necessary or proper to carry out the intent of the foregoing.
The above Ordinance was read and considered by sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea and nay vote, this 10th day of February, 2009, the final vote being as follows:
YEA: Bennett, Pearson, Brian, Ragland
NAY: None
NOT VOTING: None
ABSENT: Yeager
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 10TH DAY OF FEBRUARY, 2009. Dave Norris, Mayor, City of West Monroe, State of Louisiana
2/19
_____________________________________________________________
STATE OF LOUISIANA
CITY OF WEST MONROE
ORDINANCE NO. 3798
MOTION BY: Mr. Bennett
SECONDED BY: Mr. Brian
AN ORDINANCE APPOINTING SUCCESSOR TRUSTEES FOR THE MONROE WEST MONROE (OUACHITA PARISH) PUBLIC TRUST FINANCING AUTHORITY TO REPLACE THOSE TRUSTEES WHOSE TERMS EXPIRED FEBRUARY 28, 2009, THE TRUSTEES HEREIN BEING APPOINTED TO SERVE UNTIL FEBRUARY 28, 2014.
WHEREAS, the Monroe-West Monroe (Ouachita Parish) Public Trust Financing Authority, a public trust created pursuant to the provisions of Chapter 2-A of Title 9 of the Louisiana Revised Statutes of 1950, as amended, was established on February 28, 1979; and
WHEREAS, W. Derwood Cann, Jr., W. B. Hatten, and Jerry Lazenby were reappointed Trustees of that Trust for a term of five years expiring February 28, 2009; and
WHEREAS, the services of W. Derwood Cann, Jr., W. B. Hatten, and Jerry Lazenby in that position have been exemplary in that they have expended and sacrificed their time and effort in the establishment of the Trust Authority and its continued functioning;
NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Monroe, Louisiana, in legal session convened, that W. Derwood Cann, Jr., whose mailing address is 3704 Deborah Drive, Monroe, Louisiana, 71201, that W. B. Hatten, whose mailing address is P. O. Box 1531, West Monroe, Louisiana, 71294-1531, and that Jerry Lazenby, whose mailing address is P. O. Box 728, West Monroe, Louisiana, 71294-0728, hereby are reappointed as trustees of the Monroe-West Monroe (Ouachita Parish) Public Trust Financing Authority for the term of the Trustees which expired February 28, 2009, W. Derwood Cann, Jr., W. B. Hatten, and Jerry Lazenby to serve in those positions until February 28, 2014.
BE IT FURTHER ORDAINED, that the appointment of W. Derwood Cann, Jr., W.B. Hatten and Jerry Lazenby as stated hereinabove, is contingent and subject to their appointment to this position by the governing authority of the City of Monroe, Louisiana, as required by Article VI of the Trust Indenture of the Monroe-West Monroe (Ouachita Parish) Public Trust Financing Authority.
The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea and nay vote, this 10th day of February, 2009, the final vote being as follows:
YEA: Bennett, Pearson, Brian, Ragland
NAY: None
NOT VOTING: None
ABSENT: Yeager
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 10TH DAY OF FEBRUARY, 2009. Dave Norris, Mayor, City of West Monroe, State of Louisiana
2/19
_____________________________________________________________
STATE OF LOUISIANA
CITY OF WEST MONROE
ORDINANCE NO. 3799
MOTION BY: Mr. Bennett
SECONDED BY: Mrs. Pearson
AN ORDINANCE TO AUTHORIZE EXECUTION OF AN AMBULANCE SERVICES AGREEMENT WITH METRO AMBULANCE SERVICES (RURAL), INC., D/B/A AMERICAN MEDICAL RESPONSE; TO RE-AUTHORIZE A LOCAL SERVICES AGREEMENT AND/OR COOPERATIVE ENDEAVOR AGREEMENT BETWEEN THE GOVERNING AUTHORITIES OF THE PARISH OF OUACHITA, CITY OF MONROE, THE CITY OF WEST MONROE, AND ANY OTHER MUNICIPALITIES AS ARE NECESSARY AND PROPER, AND THE OUACHITA COUNCIL OF GOVERNMENTS; TO AUTHORIZE AN APPOINTMENT TO THE AMBULANCE SERVICES ADVISORY BOARD; TO ESTABLISH AN EFFECTIVE DATE; AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
Section 1. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Dave Norris, Mayor of the City of West Monroe, Louisiana be and he is hereby authorized to execute an Ambulance Services Agreement by and between the Ouachita Council of Governments, the City of Monroe, the City of West Monroe and the Ouachita Parish Police Jury, and Metro Ambulance Service (Rural), Inc. d/b/a American Medical Response, all to provide as more fully set forth in that Ambulance Services Agreement attached hereto as Exhibit “A”.
Section 2. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that the authority of Dave Norris, Mayor of the City of West Monroe, Louisiana, to enter into a Local Services Agreement and/or Cooperative Endeavor Agreement with the Ouachita Parish Police Jury, City of West Monroe, City of Monroe and/or the Ouachita Council of Governments, to provide for the uniform regulation and oversight of ambulance service, all as more particularly provided in Section 10-3001, et seq. of the Code of Ordinances, City of West Monroe, and which authority was originally granted in Section 3 of Ordinance No. 3620, be and it is hereby reaffirmed and re-authorized, together with the authority to take any and all other actions and enter into any and all other ancillary agreements as may be from necessary or desirable in conjunction with either the Ambulance Services Agreement authorized above, or pursuance to the provisions of Section 10-3001, et seq..
Section 3. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Dave Norris, Mayor of the City of West Monroe, Louisiana, be and he is hereby authorized to designate the Fire Chief of the City of West Monroe, Louisiana as his appointment to the Ambulance Service Advisory Board, such designee to serve until his replacement is duly appointed.
Section 4. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that the provisions of Ordinance No. 3620 are declared to be fully effective and in force for all purposes upon execution of the Ambulance Services Agreement described above by all parties thereto, as of the effective date of that Ambulance Services Agreement.
The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea and nay vote, this 10th day of February, 2009, the final vote being as follows:
YEA: Bennett, Pearson, Brian, Ragland
NAY: None
NOT VOTING: None
ABSENT: Yeager
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 10TH DAY OF FEBRUARY, 2009. Dave Norris, Mayor, City of West Monroe, State of Louisiana
2/19
_____________________________________________________________
STATE OF LOUISIANA
CITY OF WEST MONROE
ORDINANCE NO. 3800
MOTION BY: Mrs. Pearson
SECONDED BY: Mr. Ragland
AN ORDINANCE AMENDING CHAPTER 5, ZONING, OF PART 12, PLANNING AND DEVELOPMENT, OF THE CODE OF ORDINANCES, CITY OF WEST MONROE, LOUISIANA, TO ADD ARTICLE I, SEXUALLY ORIENTED BUSINESSES, CONSISTING OF SEC. 12-5081 TO SEC. 12-5087, ALL TO DEFINE THOSE BUSINESSES, IMPOSE CERTAIN LIMITATIONS AND LOCATION, APPEARANCE AND SIMILAR RESTRICTIONS; AND TO AMEND SEC. 12-5016(a)(1) TO ADD “SEXUALLY ORIENTED BUSINESS” AS A USE BY RIGHT, SUBJECT TO CERTAIN CONDITIONS; TO PROVIDE AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
SECTION 1. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Chapter 5 Zoning of Part 12 Planning and Development of the Code of Ordinances of the City of West Monroe, Louisiana, is hereby amended, to add Article I, consisting of Section 12-5081 to Section 12-5087, all to read as follows, to-wit:
“Part 12 PLANNING AND DEVELOPMENT
***
Chapter 5 ZONING
***
ARTICLE I. SEXUALLY ORIENTED BUSINESSES
Sec. 12-5081. Purpose, findings, and definitions
(a) Purpose and Findings. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation of restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution or the corresponding provisions of the Louisiana Constitution, or to deny access by the distributors and exhibitors or sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.
Accordingly, based on evidence of the adverse secondary effects of adult uses of sexually oriented businesses, and on findings with interpretations the city has made specific findings concerning the adverse secondary effects of sexually oriented businesses and the need for additional requirements for the operation of such businesses.
(b) Definitions.
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas, as defined herein. Adult bookstore or adult video store. A commercial establishment in which at least twenty-five (25%) percent of its stock in trade consists of books, videos, tapes, cassettes, photographs, slides, magazines, and other periodicals which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.
Adult cabaret. A night club, bar, restaurant, or similar commercial establishment which features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
Adult retail store. A business where at least twenty-five (25%) percent of the stock in trade consists of items or products other than printed matter which are characterized by an emphasis on specified sexual activities or specified anatomical areas, as defined herein.
Adult theater. Any theater, concert hall, auditorium or similar establishment with a capacity of more than five persons where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined herein, or features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas, as defined herein.
Child Pornography means material depicting a person under the age of 18 engaged in sexual activity.
Escort. A person who, for consideration, agrees or offers to act as a companion, or date for another person, and/or who, for consideration, agrees or offers to privately model lingerie or perform a striptease for another person.
Escort agency. A person or commercial establishment who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
Massage center refers to a commercial business which is not licensed by the state as a massage business and which allows any person, including but not limited to its employees, for compensation, to manipulates soft tissue including effleurage (stroking), patrissage (kneading,) tapotement (percussion), compression, vibration, friction, (active/passive range of motion), Shiatsu, and acupressure, either by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body massage.
Massagist means a person that is not licensed by the state as a massage therapist, and who, for compensation, manipulates soft tissue including effleurage (stroking), patrissage (kneading,) tapotement (percussion), compression, vibration, friction, (active/passive range of motion), Shiatsu, and acupressure, either by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body massage.
Nude model studio. Any place where a person who appears in a state of nudity or displays specified anatomical areas, as defined here, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nudity or state of nudity. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast. Obscene is something extremely offensive under contemporary community standards of morality and decency; grossly repugnant to the generally accepted notions of what is appropriate; or if, taken as a whole, the material (1) appeals to the prurient interest in sex, as determined by the average person applying contemporary community standards; (2) portrays sexual conduct in a patently offensive way; and
(3) lacks serious literary, artistic, political, or scientific value. Obscenity means the characteristic or state of being morally abhorrent or socially taboo, especially as a result of referring to or depicting sexual or excretory functions.
Pornography means material (such as writings, photographs, or movies) depicting sexual activity or erotic behavior in a way that is designed to arouse sexual excitement. Semi-nude or state of semi-nudity shall mean a state of dress in which opaque clothing covers no more than the genitals, anus, pubic area, vulva, and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided that the areola and nipple are not exposed in whole or in part.
Semi-nude model studio means any place where a person, who regularly appears in a state of semi-nudity, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:
(1) By a college, junior college, or university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or:
(3) In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
b. Where, in order to participate in a class a student must enroll at least three days in advance of the class. Sexual encounter center. A commercial establishment which, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
Sexually oriented business. Any adult arcade, adult bookstore or adult video store, adult cabaret, adult retail store, adult theater, escort, escort agency, nude model studio, or sexual encounter center.
Specified anatomical areas. Less than completely and opaquely covered human genitals, pubic region, buttock, human genitals in a discernibly erect state, even if completely and opaquely covered, or any combination of the aforementioned.
Specified sexual activities. Depiction of male genitals in a state of sexual arousal, female genitals; acts of masturbation, sexual intercourse, oral copulation, sodomy, bestiality; touching of human genitals, pubic region, buttock, anus; or any combination of the aforementioned.
Virtual Child Pornography means material that includes a computer generated image that appears to be a minor engaged in sexual activity but that in reality does not involve a person under the age of 18.
Sec. 12-5082. Location requirements.
(a) No sexually oriented business shall be operated within 1,500 feet of:
(1) A public park or public library.
(2) A nonprofit educational museum.
(3) A church or synagogue.
(4) A public or private elementary or secondary school.
(5) A day care center or kindergarten.
(6) Another sexually oriented business.
(7) A structure that contains another sexually oriented business.
The prohibitions above shall include those located outside the municipal boundaries of the city.
(b) No sexually oriented business shall be operated within 1,000 feet of a residential zoning district; or within 1,000 feet of any existing residence, regardless of the zoning district in which it is located (including a residence located outside the municipal boundaries of the city).
(c) Sexually oriented businesses shall be allowed only in a B-3 General Business District.
Sec. 12-5083. Measurements.
(a) Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the structure where a sexually oriented business is located or conducted to the nearest property line of the premises of a church, public park, public or private elementary or secondary school, day care or kindergarten, residential district, or building site dedicated or devoted to a residential use.
(b) Measurement between any two sexually oriented businesses shall be made in a straight line, without regard to intervening structures or objects, from the closest exterior wall of one establishment to the exterior wall of the other establishment.
Sec. 12-5084. Nonconforming; Amortization
(a) Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of the requirements of this article shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. The terms "cease to operate" or "discontinued for any period of time" shall mean the voluntary or intentional termination, cessation or discontinuance of the business by the owner or other party in interest or an involuntary termination of the business resulting from a violation of any applicable rule, regulation, ordinance, statute or law. The nonconforming use shall not be deemed to terminate if the cessation, termination of discontinuance of the business operations are caused by an act of God, or other catastrophic occurrence or event not caused by or under the control of the business owner or other party in interest. The holder of the certificate of occupancy or operator of the business shall be responsible for providing documentation, acceptable to the zoning administrator, that a nonconforming sexually oriented business has not ceased to operate or been discontinued. Such non-conforming uses shall not be increased, enlarged, extended or altered, as provided in Article F of this chapter, except that the use may be changed to a conforming use.
(b) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to approval of the sexually oriented business, of a church, public park, public or private elementary or secondary school, day care or kindergarten, residential district or residential lot within the prohibited distances provided by 12-5082.
Sec. 12-5085. Exterior Portions of Sexually Oriented Businesses
(a) It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.
(b) It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this article.
(c) It shall be unlawful for the owner or the operator of a sexually oriented business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:
(1) The establishment is a part of a commercial multi-unit center; and
(2) The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
(3) Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.
Sec. 12-5086.
Signage Any display, design, pictorial, or other representation, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same is visible from the outside of the an establishment and that is used to seek the attraction of the public to any goods, services or merchandise available at such establishment. The term “sign” shall also include such representations painted on or otherwise affixed to an exterior portion of an establishment as well as such representations painted on or otherwise affixed to any part of the property upon which such an enterprise is situated. The following regulations shall apply to signage for any establishment regulated by this article:
(a) Notwithstanding any other city ordinance, code or regulation to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other that the one (1) sign and one (1) secondary sign, as provided herein.
(b) Primary signs shall have no more than two (2) display surfaces. Each display surface shall:
(1) Not contain any flashing lights;
(2) Be a flat plane, rectangular in shape;
(3) Not exceed seventy-five (75) square feet in area: and
(4) Not exceed ten (10) feet in height or ten (10) feet in length.
(a) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise.
(b) Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary signs shall be of a uniform and solid color.
(c) Secondary signs shall have only one (1) display surface. Such display surface shall:
(1) Be a flat plane, rectangular in shape;
(2) Not exceed twenty (20) square feet in area;
(3) Not exceed five (5) feet in height and four (4) feet in width; and
(4) Be affixed or attached to any wall or door of the enterprise
(a) The provisions of item (1) of subsection (b) and subsection (c) and (d) shall also apply to secondary signs.
Sec. 12-5087. Issuance of Certificate of Occupancy.
Prior to issuance of a certificate of occupancy, the owner or applicant shall be required to sign a written statement verifying that a sexually oriented business is being operated as defined by this article and the provisions of Part 10, Chapter 9, Section 10-9001, et seq.. If this statement is not submitted and a sexually oriented business is being operated at the location listed on the Certificate of Occupancy, it will result in the Certificate of Occupancy being revoked.
SECTION 2. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Section 12-5016(a)(1) of the Code of Ordinances, City of West Monroe, Louisiana, is hereby amended to add among the list of permitted uses, in appropriate alphabetical order, the following to read as follows, to-wit:
“Sec. 12-5016. B-3 general business district.
These districts are composed of land and structures occupied by or suitable for furnishing the range of retail goods and services required by the residents of the city and its trade area. The district regulations are designed to permit the development of the districts for their purpose subject to limitations designed to prevent congestion of the area that would result from over-intensive development. It is intended that additional general business districts will be created in accordance with the amendment procedures set forth herein as they are needed to serve new neighborhoods. To insure that such districts that are created are actually developed to supply the business needs of the city and its neighborhoods, the amendment creating the district may set a time limit for its development.
(a) Permitted uses. In the B-3 Districts only the following uses are permitted:
(1) Uses by right. The uses listed below are permitted subject to the conditions specified:
***
Sexually oriented business, as defined and subject to the limitations contained in Sec. 12-5081, et seq., and subject to the provisions of Section 10-9001, et seq.
***
(2) Uses requiring planning approval. ***”
SECTION 3. BE IT FURTHER ORDAINED, by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that the provisions of this Ordinance do not supercede, amend nor revoke, in whole or in part, any other provisions of this Code of Ordinance, including but not limited to any other provisions now relating to sexually oriented businesses or any related matter, and particularly including any provision contained in Part 11 Crimes and Offences of this Code of Ordinances, all of which shall continue to remain in full force and effect.
SECTION 4. BE IT FURTHER ORDAINED, by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that this Ordinance and its provisions are to be construed to be severable in regards to any of its provisions, portions or parts, and that in the event any part or portion or provision of this Ordinance should be held invalid, then in such event, such invalidity shall not affect any other provisions, portions, or parts which can be given effect without the invalid provision, and this Ordinance and the provisions of the Section above are hereby declared severable.
SECTION 5. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that for cause determined to be in the best interests of the City of West Monroe and its citizens, this amendment shall be effective on and after February 11, 2009.
The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea or nay vote, passed and adopted the 10th day of February, 2009, the final vote being as follows:
YEA: Bennett, Pearson, Brian, Ragland
NAY: None
NOT VOTING: None
ABSENT: Yeager
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 10TH DAY OF FEBRUARY, 2009: Dave Norris, Mayor, City of West Monroe, State of Louisiana
2/19
_____________________________________________________________
STATE OF LOUISIANA
CITY OF WEST MONROE
ORDINANCE NO. 3801
MOTION BY: Mr. Bennett
SECONDED BY: Mrs. Pearson
AN ORDINANCE AMENDING PART 10, LICENSING AND REGULATION, OF THE CODE OF ORDINANCES, CITY OF WEST MONROE, LOUISIANA, TO ADD CHAPTER 9, SEXUALLY ORIENTED BUSINESSES, CONSISTING OF SEC. 10-9001 TO SEC. 10-9022, ALL TO DEFINE THOSE BUSINESSES, PROVIDE FOR LICENSING AND FEES, AND APPLICABLE REGULATIONS; TO PROVIDE AN EFFECTIVE DATE; TO PROVIDE FOR SEVERABILITY; AND TO OTHERWISE PROVIDE WITH RESPECT THERETO.
SECTION 1. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Part 10, Licensing and Regulation of the Code of Ordinances of the City of West Monroe, Louisiana, is hereby amended, to add Chapter 9, consisting of Section 10-9001 to Section 10-9022, all to read as follows, to-wit:
“PART 10 LICENSING AND REGULATION
CHAPTER 9
SEXUALLY ORIENTED BUSINESSES
Art. I In General
Art. II Licensing and Fees
Art.III Regulations
ARTICLE I. IN GENERAL
Sec. 10-9001. Purpose
It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution or the corresponding provisions of the Louisiana Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
Sec. 10-9002. Definitions.
For purposes of this chapter, the words and phrases defined in the sections hereunder, whether or not such terms are capitalized in the text of the chapter, shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context: Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.
Adult bookstore, adult novelty store, or adult video store means a commercial establishment that devotes 25 percent or more of its interior sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;
(2) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
The term "adult bookstore, adult novelty store, or adult video store" shall also include a commercial establishment which regularly maintains one or more adult arcades. Floor space shall be measured by dividing the floor space where patrons or customers of the establishment are permitted where the primary sales or displays are of the materials described above by the total floor space where patrons or customers of the establishment are permitted regardless of the materials.
Adult cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or other similar commercial establishment, whether or not alcoholic beverages are served, which features persons who appear semi-nude. Regularity of such appearances is not required for an establishment to constitute an adult cabaret; a single occasion of such appearance or appearances shall be sufficient to cause the establishment to be classified as an adult cabaret. Adult motel means a motel, hotel, or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on or off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours. Adult motion picture theater means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
Chief of police means the chief of police or his or her designee.
Child Pornography means material depicting a person under the age of 18 engaged in sexual activity. Child pornography is not protected by the First Amendment even if it falls short of the legal standard for obscenity and those directly involved in its distribution can be criminally punished.
Controlling interest means the power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote 20 percent or more of any class of voting securities or ownership interests of a business. The ownership, control, or power to vote twenty per cent or more of any class of voting securities or ownership interests of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business. Distinguished or characterized by an emphasis upon means the dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or principal character and theme are the exhibition or description of specified anatomical areas or specified sexual activities.
Dual-purpose business means a commercial establishment that devotes at least 20 percent of its interior sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;
(2) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others; and which does not meet the definition of adult bookstore, adult novelty store or adult video store set forth above. Floor space shall be measured by dividing the floor space where patrons or customers of the establishment are permitted where the primary sales or displays are of the materials described above by the total floor space where patrons or customers of the establishment are permitted regardless of the materials.
Employ, employee, and employment describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include an independent contractor or a person working for an independent contractor who performs any service on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises, or for the rendition of services incidental to the business of the establishment but not an integral part thereof, such as accounting or legal services.
Escort means a person who, for compensation, agrees or offers to engage in any of the following acts:
(1) Act as a social companion, guide, or date for another person;
(2) Privately model lingerie with the intention of and for the purpose of providing sexual stimulation or sexual gratification to the customer;
(3) Privately disrobe for another person with the intention or providing sexual stimulation or sexual gratification to the customer;
(4) Agree to come to a specified location for the purpose of disrobing and for the purpose of providing sexual stimulation or sexual gratification to the customer;
(5) To perform an act where one or more of the persons is nude, semi-nude or in a state of nudity or for the purpose of providing sexual stimulation or sexual gratification to the customer.
Escort agency means a person or business association who, whether on or off the licensed premises, furnishes, offers to furnish, or advertises to furnish escorts, as defined herein, for compensation.
Establish or establishment shall mean and include any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
(3) The addition of any sexually oriented business to any other existing sexually oriented business.
Exotic dancer refers to a male or female dancer that performs semi-nude or nude for compensation.
Exotic dance service refers to any business or person who provides exotic dancers to perform at a private residence, business or other location (other than an adult cabaret) within the city limits.
Licensee shall mean a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In case of an employee, it shall mean the person in whose name the sexually oriented business employee card has been issued.
Massage center refers to a commercial business which is not licensed by the state as a massage business and which allows any person, including but not limited to its employees, for compensation, to manipulates soft tissue including effleurage (stroking), patrissage (kneading,) tapotement (percussion), compression, vibration, friction, (active/passive range of motion), Shiatsu, and acupressure, either by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body massage.
Massagist means a person that is not licensed by the state as a massage therapist, and who, for compensation, manipulates soft tissue including effleurage (stroking), patrissage (kneading,) tapotement (percussion), compression, vibration, friction, (active/passive range of motion),
Shiatsu, and acupressure, either by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body massage.
Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, or anus with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.
Obscene is something extremely offensive under contemporary community standards of morality and decency; grossly repugnant to the generally accepted notions of what is appropriate.
Obscene means if, taken as a whole, the material (1) appeals to the prurient interest in sex, as determined by the average person applying contemporary community standards; (2) portrays sexual conduct, as specifically defined by the applicable state law, in a patently offensive way; and (3) lacks serious literary, artistic, political, or scientific value.
Obscenity means the characteristic or state of being morally abhorrent or socially taboo, especially as a result of referring to or depicting sexual or excretory functions.
Operate or cause to operate shall mean to cause to function or to put or keep in a state of doing business. "Operator" means any person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
Person shall mean individual, proprietorship, partnership, corporation, association, or other legal entity.
Pornography means material (such as writings, photographs, or movies) depicting sexual activity or erotic behavior in a way that is designed to arouse sexual excitement. Pornography is protected speech under the First Amendment unless it is determined to be legally obscene.
Prostitute refers to a person who has been convicted of prostitution or prostitution by massage, or who engages in activities, that, if prosecuted, would constitute the criminal offense of prostitution or prostitution by massage under the Louisiana Revised Statutes; provided, however, that a person shall not be considered a prostitute if he or she is not currently engaging in activities, that, if prosecuted, would constitute the criminal offense of prostitution or prostitution by massage under the Louisiana Revised Statutes, and if:
(1) More than two years have elapsed since the date of conviction or the date of release from confinement imposed for such person's last conviction of prostitution or prostitution by massage, whichever is the later date, if the conviction was for a misdemeanor offense; or
(2) More than five years have elapsed since the date of conviction or the date of release from confinement imposed for such person's last conviction of prostitution or prostitution by massage, whichever is the later date, if the conviction was for a felony offense.
Regularly features or regularly shown means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business.
Semi-nude or state of semi-nudity shall mean a state of dress in which opaque clothing covers no more than the genitals, anus, pubic area, vulva, and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided that the areola and nipple are not exposed in whole or in part.
Semi-nude model studio means any place where a person, who regularly appears in a state of semi-nudity, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:
(1) By a college, junior college, or university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or:
(3) In a structure:
a. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
and
b. Where, in order to participate in a class a student must enroll at least three days in advance of the class.
Sexually oriented business means any establishment that is an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, dual purpose business, escort agency, exotic dance service, or semi-nude model studio as defined in this section.
Sexually oriented entertainment activity means the sale, rental, or exhibition for any form of consideration, of books, films, video cassettes, digital video discs, magazines, periodicals, or live performances which are characterized by an emphasis on the exposure or display of specific sexual activity.
Specified anatomical areas means the human genitals, anus, and the female breast areola or nipple.
Specified criminal activity means any of the following offenses:
(1) La. R.S. 14:41-43.5 (rape and sexual battery offenses); La. R.S. 14:80-81.2 (sexual offenses affecting minors); La. R.S. 14:82-86 (offenses concerning prostitution);
La. R.S. 14:104-6.1 (offenses concerning disorderly places and obscenity); La. R.S. 14: 281-284 (operating places of prostitution, voyeurism); La. R.S. 40:961, et seq. (Uniform Controlled Dangerous Substances Law); engaging in organized criminal activity relating to a sexually oriented business, specifically La. R.S. 14:230 (money laundering) La. R.S. 33:2845 (tax evasion); criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or offenses in other jurisdictions that, if the acts would have been committed in Louisiana, would have constituted any of the foregoing offenses; for which:
a. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
b. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
c. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
Specified sexual activity means any of the following:
(1) Sex acts, normal or perverted, including intercourse, oral copulation, masturbation or sodomy; or
(2) Excretory functions as a part of or in connection with any of the activities described in (1) above.
Transfer of ownership or control of a sexually oriented business shall mean any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities (including interests in a limited liability company or partnership) or other ownership interests which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
Valid photographic ID refers to a driver's license, selective service card or other lawful federal or state issued photographic identification, which, on its face, establishes the age and identity of the bearer, and leaves no reasonable doubt as to the authenticity or correctness of the identification. No form of identification mentioned above shall be accepted as proof of age if it is expired, defaced, mutilated or altered. If the identification submitted is a duplicate, the person shall submit additional identification which contains the name, date of birth and photograph of the person. In addition, an educational institution identification card, check cashing identification card, or employee identification card shall not be considered as a valid photographic ID.
Video includes image reproduction and display by videotape or any other medium, such as digital video disk or compact disk, that produces moving or still images on a screen, wall, or other similar display.
Viewing room shall mean the room, booth, or area where a patron of sexually oriented business would ordinarily be positioned while watching a film, videocassette, or other video or visual reproduction.
Virtual Child Pornography means material that includes a computer-generated image that appears to be a minor engaged in sexual activity but that in reality does not involve a person under the age of 18.
ARTICLE II. LICENSING AND FEES
Sec. 10-9003. License or employee card required.
(a) Sexually oriented business license.
(1) It shall be unlawful for any person to operate a sexually oriented business in the city without a valid sexually oriented business license. Separate sexually oriented business licenses shall be required for each place of business of an operator.
(2) An applicant for a sexually oriented business license shall file in person at the office of the chief of police a completed application made on a form provided by the chief of police. The application shall be signed by the applicant. An application shall be considered complete when it contains the following information and is accompanied by all of the documents required by this section:
a. The applicant's full true name and any other names used in the preceding five years.
b. Current home address and, if desired by the applicant, another mailing address of the applicant.
c. Written proof of age, in the form of a valid photographic ID.
d. The business name, location, legal description, mailing address and phone number of the sexually oriented business.
e. The name and business address of the statutory agent or other agent authorized to receive service of process.
f. A statement whether the applicant has been convicted or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.
g. A statement whether the applicant, or any entity in which the applicant owns a controlling interest, has had a license or permit to operate a sexually oriented business or to be an employee of a sexually oriented business issued by the United States, any state, or by any political subdivision of any state, authorized to issue permits or licenses, revoked within two years prior to the application, or been convicted or had a judgment of court rendered against him involving violation of sexually oriented business ordinances by this or any other state or local government or by the United States within one year prior to the application.
The information provided pursuant to paragraphs a. through g. of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the chief of police within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(3) An application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
Applicants who are required to comply with sections 10-9013 or 10-9017 of this chapter shall submit a diagram meeting the requirements of those sections. A valid certificate of occupancy, lease agreement or proof of ownership, articles of incorporation, articles or organization, operating agreement or other instruments indicating the true direct and indirect ownership of the applicant, beneficial or otherwise, evidence of measurement from protected activities, will also be required when making application.
(4) If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management and control of the business shall sign the application for a license as applicant. Each applicant must be qualified under section 10-9004 and each applicant shall be considered a licensee if a license is granted.
(5) The application shall specify the form or forms of sexually oriented businesses (according to the forms of sexually oriented businesses described in section 10-9002 of this chapter) to be operated by the applicant at the location for which the application is submitted. If the application specifies more than one form of sexually oriented business, the application must meet the restrictions for each form of sexually oriented business set forth in the application, and the license, if and when issued, shall specify the form or forms of sexually oriented business for which the license is issued. A licensed sexually oriented business may not operate any form of sexually oriented business not set forth in its license. Any application to expand the scope of a sexually oriented business license shall be treated as a new application insofar as the expansion is concerned. Nothing in this chapter shall be construed to permit the operation of more than one form of sexually oriented business at a single location by a single licensee if such operation at the location would be prohibited by applicable zoning or other land use statutes, laws, ordinances or regulations, and nothing in this chapter shall be construed to prohibit the operation of more than one form of sexually oriented business at a single location by a single licensee if such operation at the location would be permitted by applicable zoning or other land use statutes, laws, ordinances or regulations.
(b) Sexually oriented business employee card.
(1) It shall be unlawful for any operator of a sexually oriented business to allow any employee to engage in employment requiring a sexually oriented business employee card unless such employee is in possession of a sexually oriented business employee card issued under the authority of this chapter. The license holder shall have such person obtain such a card prior to engaging in employment for which a permit is required by this chapter.
(2) It shall be unlawful for any person to be an employee, as defined in this chapter, of a sexually oriented business, or for an employee of a dual purpose business who engages in the activities described in section 10-9018 of this chapter, in the city without a valid sexually oriented business employee card.
(3) An applicant for a sexually oriented business employee card shall file in person at the office of the chief of police a completed application made on a form provided by the chief of police. The application shall be signed by the applicant. An application shall be considered complete when it contains the following information:
a. The applicant's full true name and any other names used in the preceding five years.
b. Current home address and, if desired by the applicant, another mailing address of the applicant.
c. Written proof of age, in the form of valid photographic ID.
d. A statement whether the applicant has been convicted or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.
e. A statement whether the applicant has had a license, permit or card to be an employee of a sexually oriented business issued by the United States, any state, or by any political subdivision of any state, authorized to issue permits or licenses, revoked within two years prior to the application, or been convicted or had a judgment of court rendered against him involving violation of sexually oriented business ordinances by this or any other state or local government or by the United States within one year prior to the application.
The information provided pursuant to subsections a. through e. of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the chief of police within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(c) Fingerprinting. All applicants for licenses or cards under this chapter shall be fingerprinted.
(d) Confidentiality of information. The information provided by an applicant in connection with an application for a license or card under this chapter shall be maintained by the chief of police on a confidential basis, except that such information may be disclosed only to law enforcement agencies in connection with a law enforcement or public safety function, or as may be required by governing law or court order.
Sec. 10-9004. Issuance of license or employee card.
(a) Sexually oriented business license.
(1) Within 30 days after the filing of a completed application under section 10-9003 for a sexually oriented business license, the chief of police shall either approve the application or shall issue to the applicant a letter of intent to deny the application. Each person having a controlling interest in any entity applying for a sexually oriented business license shall be considered an applicant, and each such person must meet the requirements for the approval of the issuance of the license to the entity. The chief of police shall approve the issuance of a license unless one or more of the following is found to be true:
a. An applicant is less than 21 years of age.
b. An applicant has failed to provide information as required by section 10-9003 for issuance of a license or has falsely answered a question or request for information on the application form.
c. Any taxes, fees or charges due to the city by the applicant or his or her business have not been paid.
d. An applicant has been shown to have committed a violation of section 10- 9006(a), section 10-9009(b), section 10-9017(a), (b), or (c) of this chapter within the previous year.
e. The sexually oriented business premises are not in compliance with the interior configuration requirements of this chapter or are not in compliance with locational requirements established in the applicable zoning regulations.
f. An applicant has been convicted of a specified criminal activity, as defined in this chapter.
g. An applicant, or the entity in which an applicant has a controlling interest, is not the owner of the premises or the tenant under a bona fide written lease therefore.
h. An applicant, or an entity in which an applicant has a controlling interest, has had a license or permit to operate an sexually oriented business issued by the United States, any state, or by any political subdivision of a state, authorized to issue permits or licenses, revoked within two years prior to the application, or been convicted or had a judgment of a court of competent jurisdiction rendered against him involving violation of sexually oriented business ordinances by this or any other state or local government or by the United States for two years prior to the application.
i. Any applicant is a person interposed for another person who does not meet the requirements for the issuance of a license. A person is considered an interposed person if such person is subsidized, financed or employed by an applicant to operate a sexually oriented business without disclosing the true and beneficial ownership of the business.
j. Any applicant is the spouse of a person whose application for a sexually oriented business license whose permit or license has been denied or revoked, unless judicially separated; provided, however, that in any such case:
1. The application shall not be denied solely on the basis of the age of the ineligible spouse;
2. A conviction of the spouse of a specified criminal activity shall not be cause for denial of a license if and only if:
A. The applicant had state and local permits prior to the conviction; and
B. The applicant had a regime of separation of property, pursuant to applicable Louisiana law, and is the owner of the premises or has a bone fide written lease therefore, or the owner owns the premises as the applicant's separate property pursuant to applicable state law.
k. An applicant has any outstanding warrants for arrest for any crime.
(2) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, the form or forms of sexually oriented business covered by the license, and the address of the sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time or in the case of a dual purpose business, the sexually oriented business license shall be posted in a conspicuous place in the area of the adult entertainment materials.
(b) Sexually oriented business employee card. Upon the filing of a completed application for a sexually oriented business employee card and the payment of a non-refundable application fee, the chief of police shall issue a temporary card to the applicant, which temporary card shall expire upon the final decision of the city to deny or grant the application, or, if approved, the issuance of the card. Within 30 days of the receipt of a completed application, the chief of police shall either approve the issuance of a card or issue a written notice of intent to deny a card to the applicant. The chief of police shall approve the issuance of a card unless one or more of the following is found to be true:
(1) An applicant is less than 18 years of age.
(2) An applicant has failed to provide information as required by section 10-9003 for issuance of a card or has falsely answered a question or request for information on the application form.
(3) An applicant has been shown to have committed a violation of subsection 10- 9006(a), subsection 10-9009(b), subsections 10-9017(a), (b) or (c) of this chapter within the previous year.
(4) An applicant has been convicted of a specified criminal activity, as defined in this chapter.
(5) An applicant has had a card, license or permit to operate a sexually oriented business or to be an employee of a sexually oriented business issued by the United States, any state, or by any political subdivision of a state, authorized to issue cards, permits or licenses, revoked within two years prior to the application, or been convicted or had a judgment of a court of competent jurisdiction rendered against him involving violation of sexually oriented business ordinances by this or any other state or local government or by the United States for two years prior to the application.
(6) An applicant has any outstanding warrants for arrest for any crime. An employee card issued pursuant to this section shall contain the card holder's photograph, full name, date of birth, race, sex and fingerprint. A sexually oriented business employee shall keep the employee's card on his or her person or on the premises where the card holder is then working or performing and shall produce such card for inspection upon request by a law enforcement officer or other city official performing functions connected with the enforcement of this chapter.
(c) Issuance of license or card. After any application for a license under this chapter has been approved, it shall be submitted to the director of administrator, or his designee, who shall forthwith issue and sign the license upon payment of the prescribed fee. Any license for a sexually oriented business shall be restricted to the single location described in the application; that is, each location for a sexually oriented business must have a separate license. After any application for a sexually oriented business employee card under this chapter has been approved, the chief of police shall issue the card. A sexually oriented business employee card shall be good and valid for use on the premises of any sexually oriented business, provided that the licensee has notified the chief of police of the name and address of the sexually oriented business employee card holder within five days of the hire date.
(d) Effect of failure to act. The failure of the chief of police to act on an application within the time set forth in this section shall be deemed a denial of the application for a license or card, and shall be deemed to be the issuance of a written notice of intent to deny the license or card applied for.
(e) Appeal from notice of intent to deny. Upon issuance or deemed issuance of a written notice of intent to deny a license or card, the applicant may appeal the denial to the city council by making a written request for appeal to the clerk of council within ten days after issuance or deemed issuance of the written notice of intent to deny the license or card. The applicant's temporary license or card, if any, shall continue in effect during such ten-day period. Upon timely appeal, the applicant's temporary license or card, if any, shall continue in effect until the city council has acted on the applicant's appeal or the applicant has withdrawn his or her appeal.
The appeal to the city council shall proceed in accordance with the hearing provisions set forth in this chapter and the rules of the city council. The only issue on the appeal shall be whether the applicant meets the criteria for issuance of the license or card in question; the city council shall not have the authority to waive any of the requirements for the license or card in question.
(f) Temporary sexually oriented business employee card. The temporary sexually oriented business employee card issued pursuant to this section shall state on its face an expiration date 45 days after its date of issuance; provided, however, that, if the employee's card application or appeal from a denial of a card or card renewal is continuing at the end of each successive 45 day period, at the request of the applicant the chief of police shall issue a renewal temporary card, which shall expire 45 days after its issuance. Notwithstanding the stated 45-day expiration date, the temporary card shall expire upon either the issuance of a permanent card, the withdrawal of any appeal from the denial of issuance of a card, or the termination of any appeal of the denial of issuance of a card. Upon the denial of the issuance of the card (if not appealed), or the unsuccessful or withdrawal of appeal of the denial of issuance of the card, the applicant shall immediately return the temporary card to the chief of police. It shall be unlawful for any applicant to fail to return the temporary card to the chief of police within three business days after the denial of the issuance of the card (if not appealed), or the unsuccessful or withdrawal of appeal of the denial of issuance of the card.
(g) Employee card application restriction. Any person denied a sexually oriented business employee card for reasons listed in paragraph (b) shall not be allowed to reapply for a period six months following the notice of denial.
Sec. 10-9005. Fees.
(a) Sexually oriented business license. The licensee shall pay one fee for the issuance of a sexually oriented business license. If the license covers more than one form of sexually oriented business as defined in section 10-9001 of this chapter, the fee for the license shall be the highest fee for any of the forms of sexually oriented business specified in the license. If the license covers forms of sexually oriented business that are both type I and type II as set forth below, the fee shall be the fee for the type I license, and both a type I and a type II license shall be issued for such fee. The initial license and annual renewal fees for sexually oriented business licenses shall be as follows:
Type I license: $1,000.00.
Adult cabaret.
Adult motel.
Adult motion picture theater.
Escort agency.
Exotic dance service.
Type II license: $100.00.
Adult arcade.
Adult bookstore.
Adult novelty store.
Adult video store.
Semi-nude modeling studio.
Type III license: $100.00.
Dual purpose business.
(b) Sexually oriented business employee card. The fee for the application for issuance or renewal of a sexually oriented business employee card shall be $20.00. The fee is nonrefundable. There is no additional fee or charge upon issuance of the card after the completion of the application or renewal process.
Sec. 10-9006. Inspection.
(a) Sexually oriented businesses and sexually oriented business employees shall permit officers or agents of the city to inspect the business premises for the purpose of ensuring compliance with the specific regulaions of this chapter, during those times when the sexually oriented business is occupied by patrons or is open for business. This section shall be narrowly construed by the city to authorize reasonable inspections of the licensed premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections.
(b) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
Sec. 10-9007. Term; renewal.
(a) Sexually oriented business license.
(1) A sexually oriented business license issued under this chapter shall be dated from the effective date as shown on the license and be valid for one year from the date of issuance, unless sooner suspended or revoked. Application for the renewal of such a license shall be filed in the manner provided by this chapter for the initial license on or before 60 days prior to the expiration date as shown on the existing license. The renewal license will be dated from the date of expiration of the existing license.
(2) The chief of police shall approve or deny the renewal within 30 days after receipt of the completed renewal application. If approved, the renewal license shall be issued as provided in section 10-9004. If denied, the chief of police shall issue a written notice of intent to deny the renewal application in the same manner as for the denial of an initial license application, and the appeal rights and any rights to continue operating set forth in section 10-9004 shall apply to such renewal application. The failure of the chief of police to act on an application within the time set forth in this section shall be deemed a denial of the application for a license or card, and shall be deemed to be the issuance of a written notice of intent to deny the license or card applied for.
(3) If a licensee fails to complete its renewal application within the time set forth in this section, its application shall be treated as a new application under section 10-9003 and 10-9004 hereof, but the late filing shall not affect the expiration of the previous license; that is, if the license renewal application has not been acted upon prior to the expiration of the existing license, the existing license shall expire, and the business shall not be entitled to operate as a sexually oriented business unless and until a new license is issued.
(b) Sexually oriented business employee card.
(1) A sexually oriented business employee card issued under this chapter shall be dated from the effective date as shown on the card and be valid for two years from the date of issuance, unless sooner suspended or revoked. Application for the renewal of such a card shall be filed in the manner provided by this chapter for the initial card on or before 60 days prior to the expiration date as shown on the existing card. The renewal card will be dated from the date of expiration of the existing card.
(2) The chief of police shall approve or deny the renewal within 30 days after receipt of the completed renewal application. If approved, the renewal card shall be issued as provided in section 10-9004. If denied, the chief of police shall issue a written notice of intent to deny the renewal application in the same manner as for the denial of an initial card application, and the appeal rights and any rights to continue operating set forth in section 10-9004 shall apply to such renewal application. The failure of the chief of police to act on an application within the time set forth in this section shall be deemed a denial of the application for a license or card, and shall be deemed to be the issuance of a written notice of intent to deny the license or card applied for.
(3) If a card holder fails to complete his or her renewal application within the time set forth in this section, his or her application shall be treated as a new application under section 10-9003 and 10-9004 hereof, but the late filing shall not affect the expiration of the previous card; that is, if the card renewal application has not been acted upon prior to the expiration of the existing card, the existing card shall expire, and the person shall not be entitled to be employed by a sexually oriented business (or in certain operations of a dual purpose business, as the case may be), unless and until a new card is issued.
Sec. 10-9008. Suspension; fines.
(a) The following shall be the causes for the suspension of a sexually oriented business license:
(1) If any applicant who possessed the qualifications for the license at the time of issuance of the license fails to maintain such qualifications during the licensed year.
(2) If there was any misstatement or suppression of fact in the application for the
license.
(3) If the license was granted to any person who is or has been engaged in an sexually oriented business with a person whose application for a license has been denied or whose license has been revoked.
(4) If the license was issued to an interposed person.
(5) If the licensee has violated any section of this chapter.
(6) If, without a proper license or zoning, any sexually oriented business licensee allows any person to consume any alcoholic beverage on the licensed premises or on any parking lot or open or closed space within or contiguous to the licensed premises.
(7) Violation of any controlled, dangerous substance law on the premises of the business holding the sexually oriented business license.
(8) Violation of any obscenity law on the premises of the sexually oriented business.
(9) If the licensee knowingly permits an employee to violate any section of this chapter on the licensed premises.
(b) The following shall be the causes for the suspension of a sexually oriented business employee card:
(1) If any applicant who possessed the qualifications for the card at the time of issuance of the license fails to maintain such qualifications during the term of the card.
(2) If there was any misstatement or suppression of fact in the application for the card.
(3) If the card holder has violated any section of this chapter.
(c) The chief of police, with the approval of the mayor and the city attorney, shall issue a written letter of intent to suspend the license or card in question for a period not to exceed six months if the chief of police finds that probable cause exists to believe that grounds exist for the suspension or revocation of a sexually oriented business license of a sexually oriented business employee card. The licensee or card holder shall have ten days following the issuance of the letter of intent to suspend the license or card within which to appeal the suspension to the city council. The appeal shall be perfected by making a written request for appeal to the clerk of council. If no appeal is perfected within such time, the license or card holder shall be suspended in accordance with the written letter of intent to suspend the license or card. If the licensee or card holder perfects an appeal, no suspension shall take effect until after the city council has acted on the appeal or the appeal has been withdrawn. The appeal to the city council shall proceed in accordance with the hearing provisions set forth in this chapter and the rules of the city council.
(d) Notwithstanding the above, if the chief of police finds that probable cause exists to believe that a licensee or card holder has violated any provision of this chapter or that grounds exist for the suspension of his, her or its license or card, but that the violation or grounds in question are minor in nature, the chief of police, with the approval of the mayor and the city attorney, may impose an administrative fine, payable to the general fund of the city, instead of a request for suspension of the license or card. The chief of police shall report the imposition of the fine to the clerk of council. The fine shall be due and payable within ten days from service of a notice on the licensee or the card holder by certified mail or hand delivery, unless within such ten period the licensee or the card holder files a written notice of appeal with the clerk of council. If the licensee or card holder perfects an appeal, the time for payment of the fine shall be suspended until after the city council has acted on the appeal or the appeal has been withdrawn. The appeal to the city council shall proceed in accordance with the hearing provisions set forth in this chapter and the rules of the city council. At the hearing, the city council may approve the fine, disapprove the fine, or assess a lower fine.
(e) Any fine imposed by the chief of police shall be progressive with each offense during the term of the license or card in question, in accordance with the levels set forth below:
SOB License
SOB Employee Card
First fine for conduct during term of license or card $500.00 $100.00
Second fine for conduct during term of license or card $750.00 $250.00
Third fine for conduct during term of license or card $1,000.00 $500.00
If either a licensee or a card holder has had three fines imposed during the term of his, her or its license or card, if the chief of police, with the approval of the mayor and the city attorney, finds that probable cause exists to believe that grounds exist for suspension or revocation of a license or card issued pursuant to this chapter, he shall request suspension or revocation of the license or card in question.
(f) Nothing in this section is intended or shall be construed to require that the chief of police impose one or more fines as a prerequisite to seeking suspension or revocation of any license or card. The chief of police, with the approval of the mayor and the city attorney, may seek suspension or revocation for any grounds set forth in this chapter without the imposition of any fine.
(g) Notwithstanding anything in this chapter to the contrary, failure timely to pay any fine imposed under this section shall constitute grounds for suspension or revocation of the license or card of the person who fails to pay such fine.
(h) No person whose sexually oriented business license or sexually oriented business employee card has been suspended shall operate a sexually oriented business or be employed in a sexually oriented business during the period of such suspension.
Sec. 10-9009. Revocation.
(a) The chief of police, with the concurrence of the mayor and the city attorney, shall issue a letter of intent to revoke a sexually oriented business license or a sexually oriented business employee card if the chief of police finds that a cause of suspension in section 10-9008 occurs and the license has been suspended within the preceding 12 months.
(b) The chief of police, with the concurrence of the mayor and the city attorney, shall issue a letter of intent to revoke a sexually oriented business license or a sexually oriented business employee card if the chief of police determines that:
(1) The licensee or card holder has knowingly given false information in the application for the sexually oriented business license or employee card.
(2) A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) A licensee has knowingly allowed prostitution on the premises;
(4) A licensee knowingly operated the sexually oriented business during a period of time when the license was suspended, or a card holder was employed by a sexually oriented business or in the sexually oriented activity area of a dual purpose business during a period when the card holder's sexually oriented business employee card was suspended;
(5) A licensee has knowingly allowed any specified sexual activity to occur in or on the licensed premises.
(6) The licensee or card holder has failed to maintain any qualification required for initial issuance or renewal of the license.
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(d) Nature of revocation. When, after the notice and hearing procedure described in section 10-9010, a sexually oriented business license or a sexually oriented business employee card is revoked, the revocation shall continue for two years and the licensee or card holder shall not be issued a sexually oriented business license or sexually oriented business employee card for two years from the date revocation becomes effective, provided that, if the conditions of section 10- 9010(i) are met, a provisional license or card will be granted pursuant to that section. No person whose sexually oriented business license or sexually oriented business employee card has been revoked shall operate a sexually oriented business or be employed in a sexually oriented business, unless and until a new sexually oriented business license or sexually oriented business employee card has been issued to such person pursuant to the provisions of this chapter.
Sec. 10-9010. Hearing; denial, revocation, and suspension; appeal.
(a) Any notice or letter of intent issued under this chapter for the denial, suspension, or revocation of a license under this chapter shall be in writing, shall be addressed to the applicant, licensee or card holder (respondent), shall set forth the grounds therefore, and shall be delivered by personal delivery, or by certified mail. The notification shall be directed to the most current business address or other mailing address on file with the chief of police for the respondent.
(b) Upon any appeal to the city council as provided in this chapter, or upon the institution of revocation proceedings, the clerk of council shall notify the respondent in writing of the hearing date on respondent's denial, fine, suspension, or revocation proceeding. Within 30 days of the receipt of respondent's appeal or the institution of revocation proceedings, the city council shall conduct a hearing at which respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, and present evidence and witnesses on his or her behalf. The city may also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license or card, or imposing the fine.
(c) The city council may administer oaths, issue subpoenas for the attendance of witnesses and the production of books, papers, accounts and documents, and examine witnesses and receive testimony at the hearing for denial, suspension or revocation of licenses under this chapter. If any person fails to comply with a subpoena issued by the city council, or if a witness refuses to testify in any matter regarding which he may be lawfully interrogated, such failure or refusal shall constitute contempt of the city council and upon conviction in any court of competent jurisdiction shall be punishable pursuant to Section 1-1008 of this Code.
Notwithstanding any other provision of this chapter, such a conviction of a licensee or card holder shall be cause for suspension or revocation of his or her license or card.
(d) If a respondent who has been notified of a hearing for denial, suspension or revocation of a license under this chapter does not appear, the hearing may proceed without him and the city council may consider and dispose of the case, but in all cases the city council, upon its own motion, may grant continuances from time to time. If the continuance is granted to a fixed future date by written consent or in the presence of the respondent or his or her counsel, no further notice of the hearing date need be given. In all other cases the same notice of hearing as in original hearings shall be given.
(e) Any hearing shall take no longer than four hours, unless extended to meet the requirements of due process and proper administration of justice.
(f) In determining cases involving the suspension or revocation of licenses or cards, or the imposition of an administrative fine, the city council may accept, reject or modify the recommendation or action of the chief of police. The city council shall issue a decision on the issue before it within 21 days after the conclusion of the hearing. The failure of the council to act within such time period shall be deemed an acceptance of the recommendation of the chief of police.
(g) Notwithstanding any other provision of this chapter to the contrary, the city council may, instead of or in addition to revocation or suspension of a license issued under the authority of this chapter, impose a fine on the licensee not to exceed the fines set forth in section 10-9008(e).
(h) In hearings of the city council which finally result in withholding the issuance of a license or in suspending or revoking a license, the city council shall assess the costs of the hearing to the applicant or licensee. The costs are recoverable by the city council in any appellate proceeding instituted by the applicant or licensee or in any other appropriate judicial proceeding.
(i) An applicant or licensee who is aggrieved by a decision of the city council to withhold, suspend or revoke his or her license may, within ten days of the notification of the decision, or within ten days of the deemed action of the city council, take a devolutive appeal to the district court having jurisdiction over his place of business, and on such appeal, the trial shall be de novo. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of the denial, suspension, or revocation, the city shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the aggrieved party's appeal or other action to restrain or otherwise enjoin the city's enforcement.
(j) Sexually oriented businesses or sexually oriented business employees operating or working under temporary cards or licenses, provisional cards or licenses, or de facto temporary cards or licenses shall be subject to the provisions of section 10-9011, section 10-9012, section 10-9013, section 10-9014, section 10-9016, section 10-9017 and section 10-9018 of this chapter.
Sec. 10-9011. Transfer of license.
A licensee shall not transfer his or her license to another, transfer ownership or control or permit the transfer of ownership or control of the licensee, either voluntarily or by operation of law, or operate a sexually oriented business under the authority of a license at any place other than the address designated in the sexually oriented business license application.
ARTICLE III. REGULATIONS
Sec. 10-9012. Hours of operation. Any sexually oriented business may be open for business during any hours permitted under the hours under the regulations for the sale of alcoholic beverages that apply to the business.
Sec. 10-9013. Regulations pertaining to exhibition of sexually explicit films or videos.
(a) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements.
(1) Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all manager's stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be signed by the applicant.
(3) No alteration in the configuration or location of a manager's station or viewing room may be made without the prior approval of the chief of police.
(4) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to paragraph (1) of this subsection.
(5) The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one-foot candle as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.
(6) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity occurs in or on the licensed premises.
(7) It shall be the duty of the operator, and of any employees present on the premises, to ensure that not more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person.
(8) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no openings of any kind exist between viewing rooms. No person shall make an attempt to make an opening of any kind between viewing rooms.
(9) It shall be the duty of the operator, or of any employee who discovers two or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms, to immediately escort such persons from the premises.
(10) It shall be the duty of the operator, or of any employee, who discovers an opening of any kind between viewing rooms to immediately secure such rooms, and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repairing openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.
(11) It shall be the duty of the operator, at least once each business day, to inspect the walls between viewing rooms for openings of any kind, documented by appropriate logs.
(12) It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
a. That no loitering is permitted in viewing rooms.
b. That the occupancy of viewing rooms is limited to one person.
c. That sexual activity on the premises is prohibited.
d. That the making of openings between viewing rooms is prohibited.
e. That violators will be required to leave the premises.
f. That violations of this section are unlawful.
(13) It shall be the duty of the operator to ensure that floor coverings in viewing rooms are nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14) It shall be the duty of the operator to ensure that all wall surfaces and seating surfaces in viewing rooms are constructed of or permanently covered by nonporous easily cleanable material.
(15) It shall be the duty of the operator to ensure that premises are clean and sanitary. Such duty shall be fulfilled if the operator complies with the following cleaning procedures:
a. The operator shall maintain a regular cleaning schedule of at least two cleanings per day, documented by appropriate logs.
b. The operator shall provide an employee to check all areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least twice each week. Prior to collection solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance.
c. Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras, and windows and other surfaces.
(16) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. A manager's station shall not exceed 32 square feet of floor area. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this paragraph must be by direct line of sight from the manager's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(17) It shall be the duty of the operator or manager of the business to ensure that no sexually oriented entertainment activity or visual depictions characterized by an
emphasis on actual specified anatomical areas or specified sexual activities are visible from a public right-of-way adjacent to the establishment.
(b) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
Sec. 10-9014. Loitering and exterior lighting and monitoring requirements.
(a) It shall be the duty of the operator of a sexually oriented business to:
(1) Post conspicuous signs stating that no loitering is permitted on the premises;
(2) Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every 90 minutes or inspecting such property by use of video cameras and monitors; and
(3) Provide lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within a manager's station.
(b) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
Sec. 10-9015. Penalties.
Whoever knowingly or intentionally violates any provision of this chapter shall be fined not more than $500.00, or imprisoned for not more than 60 days, or both.
Sec. 10-9016. Prohibited acts on sexually oriented business premises generally.
(a) No person holding a sexually oriented business license, and no employee of any such person, shall knowingly or intentionally do or permit any of the following acts to be done on or about the licensed premises:
(1) Serve or allow on the premises of a sexually oriented business, any person under the age of 18 years, unless such person submits a valid photographic ID which, on its face, establishes the age of the person as 18 years or older, and there is no reasonable doubt as to the authenticity or correctness of the identification; provided, however, that the prohibition of this subsection shall apply only to the partitioned area for sexually oriented activity of a dual purpose business.
(2) Allow alcohol on the premises except for those sexually oriented business's properly licensed under the state and city alcoholic beverage ordinances.
(3) Intentionally entice, aid or permit any person under the age of 18 years to visit or loiter in or about any sexually oriented business; provided, however, that the prohibition of this subsection shall apply only to the partitioned area for sexually oriented activity of a dual purpose business.
(4) Permit any prostitute to frequent the licensed premises or to solicit patrons for prostitution on the licensed premises.
(5) Intentionally conduct illegal gambling as defined by law, on the premises described in the application for the license.
(6) Fail to keep the premises clean and sanitary, including any parking lot, sidewalk, vacant lot, or open or closed space within or contiguous to the licensed premises which is under the control of the permit holder by lease, ownership, or otherwise.
(7) Illegally distribute, sell, offer for sale, possess or permit the consumption or distribution on or about the licensed premises of any kind or type of narcotics or habitforming drug.
(b) An act by an employee of a sexually oriented business shall be imputed to the sexually oriented business licensee for purposes of finding a violation of this section, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly allowed such act to occur on the premises, or if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises reasonably should have known that such act was occurring or likely to occur on the premises.
(c) Notwithstanding the issuance of a license by way of renewal, the chief of police or the city may request revocation or suspension of such license as prescribed by this chapter, for violations of this section occurring during the license period immediately preceding the issuance of such license.
Sec. 10-9017. Additional regulations concerning live public nudity.
(a) It shall be a violation of this chapter for a patron, employee, or any other person knowingly or intentionally, in a sexually oriented business, to appear in a state of nudity, regardless of whether such public nudity is expressive in nature.
(b) It shall be a violation of this chapter for a person, knowingly or intentionally, in a sexually oriented business to appear in a semi-nude condition unless the person is an employee who, while semi-nude, shall be on a permanent immovable stage at least 18 inches from the floor.
(c) It shall be a violation of this chapter for any employee of a sexually oriented business, while semi-nude, to knowingly or intentionally touch a customer or the clothing of a customer.
(d) It shall be a violation of this chapter for any person to knowingly or intentionally touch an employee of a sexually oriented business or such employee's clothing or costume, while such employee is semi-nude.
(e) A sign in a form to be prescribed by the chief of police and summarizing the provisions of subsections (a)--(d) of this section, shall be posted near the entrance of the sexually oriented business in such a manner as to be clearly visible to patrons upon entry. It shall be a violation of this chapter for an operator to operate a sexually oriented business at any time when the required sign is not posted and clearly visible to patrons entering the business.
(f) The interior of any business that regularly features persons who appear in a state of seminudity shall be configured in such a manner that there is an unobstructed view from a manager's station or from a hallway accessible to all patrons to all places (and all parts of any room) where patrons are permitted access, excluding restrooms, for any purpose. In any business that regularly features persons who appear in a state of semi-nudity, no separate room, other than a restroom, where any patron is allowed access for any purpose, shall have any door that precludes viewing of all parts of any such room from a manager's station or a hallway to which all patrons are permitted access. A manager's station as described in the preceding sentences shall not exceed 32 square feet of floor area. The view required in this paragraph must be by direct line of sight from the manager's station or the hallway to all parts of the room in question. It is the duty of the operator to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises. It shall be a violation of this chapter for any person to operate a business in violation of this paragraph.
(g) It is unlawful for a sexually oriented business to knowingly violate the preceding regulations or to knowingly allow an employee or any other person to violate the preceding regulations.
Sec. 10-9018. Regulation of dual purpose businesses.
It shall be unlawful for the operator of any dual purpose business knowingly or intentionally to fail to comply with the following regulations:
(1) The operator shall maintain a physical barrier between any sexually oriented entertainment activity and other activity of the business. The barrier shall consist of a permanent opaque wall or room divider, or a separate room. The barrier will be a minimum of six feet high. The entrance to the separate sexually oriented entertainment activity area will be configured as to not allow a patron of the business below the age of 18 years to view the contents of the sexually oriented entertainment activity area from outside such area.
(2) The area containing sexually oriented entertainment activity shall be clearly marked by signs, with bold-face lettering in type or handwriting no less than the equivalent of 70 point type, stating that no persons under the age of 18 are allowed in the area. Such sign shall be not less than two feet wide and one foot high, in letters sharply contrasting in color with the background of the sign.
(3) The operator shall insure that only employees holding sexually oriented business employee cards and qualified patrons are permitted entry into the separate sexually oriented entertainment area; provided, however, that bona fide maintenance or cleaning employees may be permitted entry into such area to perform their maintenance or cleaning responsibilities.
(4) Any employee of a dual purpose business will be required to have a sexually oriented business employee card if the employee has any duties relating to the sale, rental, restocking, checking in and out of sexually oriented entertainment materials, or taking inventory of any sexually oriented entertainment material.
(5) The operator shall not advertise or display promotional materials for any of the materials or activities available in the partitioned sexually oriented activities section on the exterior of the premises or within the interior of the premises not partitioned for sexually oriented entertainment material.
Sec. 10-9019. Scienter required to prove violation or business licensee liability.
Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee of a sexually oriented business shall be imputed to the sexually oriented business licensee for purposes of finding a violation of this chapter, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly allowed such act to occur on the premises, or if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises reasonably should have known that such act was occurring or likely to occur on the premises.
Sec. 10-9020. Applicability of chapter to existing businesses and employees.
(a) The provisions of this chapter shall apply to the activities of all sexually oriented businesses and sexually oriented business employees described herein, whether such businesses or activities were established or commenced before, on, or after the effective date of this chapter. Any person possessing a sexually oriented business permit as of the effective date of this chapter may operate under such permit until the expiration of such permit, subject to suspension or revocation as provided in this chapter.
(b) Any person not possessing a sexually oriented business permit or a sexually oriented business employee card issued pursuant to this Code as of the effective date of this reenacted chapter, but who is engaged in a business or activity requiring a sexually oriented business license or a sexually oriented business employee card under this chapter shall apply for the appropriate license or card within 30 days after the effective date of this chapter. If such person does not apply for the applicable license or card within such 30 day period, the person or business shall not be entitled to operate a sexually oriented business or be an employee of a sexually oriented business (or an employee of a dual purpose business required to hold a sexually oriented business employee card) after the expiration of such 30-day period, and such person shall be subject to prosecution or other action for violation of this chapter. During the pendency of any application for a sexually oriented business license or sexually oriented business employee card, and any appeal from the denial of any such license or card, the applicant is hereby granted a de facto temporary license or card, as the case may be, to continue operation or employment until the ultimate termination of the appeal process by completion or withdrawal of the appeal, subject to suspension or revocation as provided in this chapter.
(c) Within 180 days after the effective date of this chapter, sexually oriented businesses and dual purpose businesses must make any necessary changes to the interior configurations of the regulated business premises to conform to this chapter.
Sec. 10-9021. Sexually oriented business locations: measurements.
Any measurement required to be conducted by the provisions of this chapter shall be performed by the Monroe Police Department.
Sec. 10-9022. Severability.
Each section, subsection and provision of each chapter hereunder are hereby declared to be independent divisions and subdivisions and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this chapter, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions are severable and would have been passed independently of such section or provision so known to be invalid.”
SECTION 2. BE IT FURTHER ORDAINED, by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that the provisions of this Ordinance do not supercede, amend nor revoke, in whole or in part, any other provisions of this Code of Ordinance, including but not limited to any other provisions now relating to sexually oriented businesses or any related matter, and particularly including any provision contained in Part 11 Crimes and Offences of this Code of Ordinances, all of which shall continue to remain in full force and effect.
SECTION 3. BE IT FURTHER ORDAINED, by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that this Ordinance and its provisions are to be construed to be severable in regards to any of its provisions, portions or parts, and that in the event any part or portion or provision of this Ordinance should be held invalid, then in such event, such invalidity shall not affect any other provisions, portions, or parts which can be given effect without the invalid provision, and this Ordinance and the provisions of the Section above are hereby declared severable.
SECTION 4. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that for cause determined to be in the best interests of the City of West Monroe and its citizens, this amendment shall be effective on and after February 11, 2009. The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea or nay vote, passed and adopted the 10th day of February, 2009, the final vote being as follows:
YEA: Bennett, Pearson, Brian, Ragland
NAY: None
NOT VOTING: None
ABSENT: Yeager
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 10TH DAY OF FEBRUARY, 2009: Dave Norris, Mayor, City of West Monroe, State of Louisiana
2/19
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STATE OF LOUISIANA
CITY OF WEST MONROE
ORDINANCE NO. 3802
MOTION BY: Mr. Brian
SECONDED BY: Mr. Ragland
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF WEST MONROE, LOUISIANA, TO ENTER INTO THE MUNICIPAL WATER POLLUTION PREVENTION PROGRAM OF THE ENVIRONMENTAL PROTECTION AGENCY, REGION 6, AND FOR OTHER MATTERS RELATING THERETO.
Section 1. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Dave Norris, Mayor of the City of West Monroe, Louisiana be and he is hereby authorized to execute any and all documents either necessary or appropriate in order that the City participate in the Municipal Water Pollution Prevention Program of the Environmental Protection Agency, Region 6, and particularly the requirements of those matters set forth in "In the Matter of the City of West Monroe", Proceedings Under Section 308(a)(4)(A), Clean Water Act, NPDES permit no. LA0043982, docket no. VI-91- 2526, United States Environmental Protection Agency, Region 6, and any related proceedings or actions, and to further take any and all other action and execute any and all other such documentation as he feels either appropriate or necessary with respect thereto.
Section 2. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Dave Norris, Mayor of the City of West Monroe, Louisiana be and he is hereby authorized and directed to certify to the United Stated Environmental Protection Agency, Region 6, that the City has reviewed the Municipal Water Pollution Prevention Environmental Audit Report, and is further authorized and directed to take all actions necessary to maintain permit requirements contained in the NPDES permit LA0043982.
The above Ordinance was read and considered by Sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened, voted on by yea and nay vote, this 10th day of February, 2009, the final vote being as follows:
YEA: Bennett, Pearson, Brian, Ragland
NAY: None
NOT VOTING: None
ABSENT: Yeager
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 10TH DAY OF FEBRUARY, 2009. Dave Norris, Mayor, City of West Monroe, State of Louisiana
2/19
_____________________________________________________________
STATE OF LOUISIANA
CITY OF WEST MONROE
RESOLUTION NO. 585
MOTION BY: Mrs. Pearson
SECONDED BY: Mr. Bennett
A RESOLUTION AUTHORIZING THE APPOINTMENT OF JIM STOLZ TO THE CITY OF WEST MONROE BOARD OF ADJUSTMENTS, FOR A TERM EXPIRING MARCH 1, 2014, AND FURTHER PROVIDING WITH RESPECT THERETO.
BE IT RESOLVED by the Mayor and the Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that the following appointment to the City of West Monroe Board of Adjustments by the Mayor for the term shown is hereby authorized and approved, all as set forth as follows, to-wit:
APPOINTMENT: Jim Stolz
FOR TERM EXPIRING March 1, 2014
The above resolution was read and considered by sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened on the 10th day of February, 2009, voted on by yea and nay vote, passed and adopted, the final vote being as follows:
YEA: Bennett, Pearson, Brian, Ragland
NAY: None
NOT VOTING: None
ABSENT: Yeager
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 10TH DAY OF FEBRUARY, 2009. Dave Norris, Mayor, City of West Monroe, State of Louisiana
2/19
_____________________________________________________________
STATE OF LOUISIANA
CITY OF WEST MONROE
RESOLUTION NO. 586
MOTION BY: Mrs. Pearson
SECONDED BY: Mr. Brian
A RESOLUTION AUTHORIZING THE APPOINTMENT OF JERRY L. KING TO THE CITY OF WEST MONROE MUNICIPAL PLANNING COMMISSION, FOR A TERM EXPIRING MARCH 1, 2014, AND FURTHER PROVIDING WITH RESPECT THERETO.
BE IT RESOLVED by the Mayor and the Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that the following appointment to the City of West Monroe Municipal Planning Commission by the Mayor for the term shown is hereby authorized, all as set forth as follows, to-wit:
APPOINTMENT FOR Jerry L. King
TERM EXPIRING March 1, 2014
The above resolution was read and considered by sections at a public meeting of the Mayor and Board of Aldermen, in regular and legal session convened on the 10th day of February, 2009, voted on by yea and nay vote, passed and adopted, the final vote being as follows:
YEA: Bennett, Pearson, Brian, Ragland
NAY: None
NOT VOTING: None
ABSENT: Yeager
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 10TH DAY OF FEBRUARY, 2009. Dave Norris, Mayor, City of West Monroe, State of Louisiana
2/19
______________________________________________
NOTICE TO BIDDERS
Sealed Bids will be received by the Ouachita Parish School Board, 100 Bry Street, Monroe, Louisiana 71210-1642 until 2:00 P.M., March 24, 2009.
For: Administration Renovations to West Monroe High School
201 Riggs Street
West Monroe, Louisiana 71291
Ouachita Parish School Board
Bid Number: 39-09
Complete Bidding Documents for this project are available in electronic form. They may be obtained without charge and without deposit from www.aeplans.com. Printed copies are not available from the Architect but arrangements can be made to obtain them through most reprographic firms. Plan holders are responsible for their own reproduction costs. Questions about this procedure shall be directed to the Architect at
TBA Studio
103 Cypress Street
West Monroe, Louisiana 71291
Telephone: (318) 340-1550
Facsimile: (318) 998-1315
E-mail: bmcguire@tbarchitecture.com
This project is classified as mechanical. All bids must be accompanied by bid security equal to five percent (5%) of the base bid and all additive alternates, and must be in the form of a certified check, cashier's check or bid bond written by a company licensed to do business in Louisiana, countersigned by a person who is under contract with the surety company or bond issuer as a licensed agent in this State and who is residing in this state. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable.
The successful Bidder will be required to furnish a performance and payment bond written by a company licensed to do business in Louisiana, and shall be countersigned by a person who is contracted with the surety company or bond issuer as agent of the company or issuer, and who is licensed as an insurance agent in this State, and who is residing in this State, in an amount equal to the 100% of the contract amount.
No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of Act 111 of 1983. Electronic bidding will be available through Bid Sync.
A mandatory pre-bid conference will be Monday, March 9, 2009, at 9:00 A.M., at the job site on the West Monroe High School campus. Bids shall be accepted only from Contractors who attend the Pre-bid Conference.
The Owner reserves the right to reject any and all bids.
OUACHITA PARISH SCHOOL BOARD
Jack White, President
ATTEST: Dr. Robert Webber, ED.D, Secretary
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