LEGAL CORNER: What are the requirements to operate a food truck?

LEGAL CORNER: What are the requirements to operate a food truck?

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QUESTION: My husband works in the refineries in the Lake Area and has told me that with all the new construction that there has become a market for mobile trucks selling food to the workers around lunch time. I was curious if this type of mobile restaurant required any permits or can I pull up and just start selling food?

ANSWER: The Calcasieu Parish Police Jury calls this type of business an “Itinerant Vendor” from a Mobile Food Truck. There are requirements to conduct business in this manner such as a license which cost $100.00 annually. There are other general requirements, however, specifically for food trucks, a commissary to dispose of waste each day and a completed and approved Health Unit Approval Form is also required. A link has been provided in the answer on the website to access this form. All the best to you in your new business venture.

THE LAW: The Calcasieu Parish Police Jury calls this type of business an “Itinerant Vendor” from a Mobile Food Truck. There are requirements to conduct business in this manner such as:

ITINERANT VENDORS Itinerant Vendor Occupational License - “Itinerant vendor” shall include, but is not limited to, the sale of retail merchandise from a fixed location, usually a roadside stand, which could include, but not be limited to, the sale of agricultural or seafood products, fireworks, flowers, special event or seasonal merchandise. The license is $100.00 annually.

How to Apply for an Itinerant Vendor Occupational License - Submit the following information: Health Unit Approval Form if selling food Itinerant Vendor - Mobile Food Truck Completed Occupational License Application and the license fee Written permission from the owner of the lot or business to set up the temporary stand Copy of Vehicle Registration; Copy of Driver’s Licens; Completed, approved. In addition to the above requirements, those conducting business from a mobile food truck or trailer will need: A commissary to dispose of waste each day and A completed, approved Health Unit Approval Form which can be found at www.dhh.louisiana.gov/index.cfm/subhome/19.

QUESTION: I am a local business owner and recently I was told that I could be eligible for a sales tax rebate. Where can I find more information about this to apply and determine if I qualify?

ANSWER: Business is indeed booming here and there are tax incentives in place to assist small business owners as well as those who are interested in starting a business.The Calcasieu Parish Police Jury’s Enterprise Zone program began in 1992 to stimulate both business and industrial growth as well as diversify the economy by providing tax incentives. To qualify, the company must file an Advance Notification with the Louisiana Department of Economic Development and a local Application for Endorsement. Companies that receive a local endorsement are eligible to receive a sales tax rebate in addition to any state incentives. Of course there are other requirements so please see our answer on the website for more information as well as links to access forms and applications. Again, all the best!

THE LAW: To review the Police Jury’s ordinances related to the enterprise zone program, click here. To print an Application for Enterprise Zone Endorsement, click here. Information on Louisiana’s tax incentives can be found at the Louisiana Department of Economic Development. The Calcasieu Parish Sales and Use Tax office provides businesses with sales tax numbers. This office also audits enterprise zone projects. Please contact this office directly to receive your sales tax number and to find out about reporting requirements that will help you maximize your local rebate.

QUESTION: We booked our hotel for one night for $46. They sent us an email from the actual hotel in Venice stating that they made a mistake on the price. I have a confirmation number already. The hotel has contacted me saying there was a “human error.” The cost for the room is almost $100 more than what I paid. I am now being asked to accept a refund and cancel the contract or pay the difference. So what are my rights?

ANSWER: The elements of a valid contract have been stated as: parties are competent to enter into a contract, the thing for which you are contracting for is lawful, money or service was given to secure the contract, all parties agreed to the terms, and all parties performed their obligations. If only one party is in error, the consent of the party in error can only be invalidated if (1) the error concerns the principal reason why the contract was formed, and (2) this reason for forming the contract was known or should have been known to the other party. Even though more information is provided in the answer, you should consult an attorney and provide a copy of the contract for a more accurate assessment of this issue.

THE LAW: If only one party is in error, the consent of the party in error can only be vitiated if (1) the error concerns the principal reason why the contract was formed, and (2) this reason for forming the contract was known or should have been known to the other party. Louisiana Civil Code 1949. Art. 1952 et seq. Rescission; liability for damages. A party who obtains rescission on grounds of his own error is liable for the loss thereby sustained by the other party unless the latter knew or should have known of the error. The court may refuse rescission when the effective protection of the other party’s interest requires that the contract be upheld. In that case, a reasonable compensation for the loss he has sustained may be granted to the party to whom rescission is refused.

Am Jur 2d - Contracts § 18 II. Formation of Contracts, A. In General, 1. Elements; Mutuality of Remedy, § 18 - Elements of contract, generally

The elements of a valid contract have been stated as-

· parties competent to contract, a proper or lawful subject matter, consideration, mutuality of agreement or assent, and mutuality of obligation.[1]

· offer; acceptance in strict compliance with the terms of the offer; a meeting of the minds; each party's consent to the terms; and execution and delivery of the contract with the intent that it be mutual and binding[2] and consideration.[3]

· offer, acceptance, consideration, and a meeting of the minds between the contracting parties on all essential elements.[4]

· offer, acceptance, and consideration.[5]

· (1) capacity to contract; (2) mutual consent; (3) a lawful cause; (4) and an object that is lawful, possible, and determined or determinable.[6]

· (1) two or more contracting parties, (2) consideration, (3) an agreement that is sufficiently definite, (4) parties with legal capacity to make a contract, (5) mutual assent, and (6) no legal prohibition precluding contract formation.[7]

· parties capable of contracting, consent or mutual assent of the parties, a lawful object, and sufficient consideration.[8]

· parties with the capacity to contract, mutual consent of the parties that is freely given, a certain object for the contract, and a lawful purpose.[9]

· mutuality of intent to contract, consideration, and lack of ambiguity in the offer and acceptance.[10]

· an offer, acceptance, consideration, and mutual assent[11] to the contract's essential terms.[12]

· an offer, acceptance, contractual capacity, consideration, a manifestation of mutual assent, and legality of the object and of the consideration.[13]

· a meeting of the minds of the parties in mutual assent to the terms, sufficient consideration, free from fraud or undue influence, not against public policy, and sufficiently definite to be enforced.[14]

A contract is made at the time the last act necessary to its formation is done.[15] In addition to where the last act necessary to complete the contract is performed, a contract is also said to be completed at the place where the offer is accepted.[16] Thus, if a contract is made by telephone, it is made where the acceptor speaks into the phone.[17]

While the existence of a contract is a question of fact, whether a certain or undisputed state of facts establishes a contract is a question of law for the court.[18]

Under the Uniform Electronic Transactions Act, a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.[19]

Disclaimer: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between the SWLA Law Center and the viewers of KPLC-TV.

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