reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1803. Definitions

RS 51:1803 - Definitions
For purposes of this Chapter, the following terms shall have the meaning hereinafter ascribed to them, unless the context clearly indicates otherwise:
(1) "Board" means the State Board of Commerce and Industry or its successor.
(2) "Department" means the Department of Economic Development.
(3) "Governing authority" means the governing body of a parish or municipality within which a qualified United States Census Department Division lies.
(4) "Qualified census tract" or "part of a qualified census tract" means a census tract that is in need of revitalization and has been designated by the department and governing authority of the respective parish as being so in need.
(5) "Revitalization zone" means either:
(a) A historically underutilized business zone (HUB Zone) as defined in the HUB Zone Act of 1997 (15 USC 637(d)).
(b) A qualified census tract or a part of a qualified census tract which is adjacent to a HUB Zone.
(6) "Urban revitalization zone" means a revitalization zone that is located in a parish having a population in excess of seventy-five thousand persons.
Acts 2005, No. 466, §1, eff. July 1, 2005.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1804. Criteria

RS 51:1804 - Criteria
A. The department shall establish criteria for qualifications of urban revitalization zones, giving consideration to the following:
(1) Unemployment.
(2) Youth unemployment.
(3) Per capita income.
(4) Migration.
(5) Number of residents receiving public assistance.
B. These criteria shall be established so that approximately twenty-five percent of the United States Census Department Divisions in the state qualify as urban revitalization zones.
Acts 2005, No. 466, §1, eff. July 1, 2005.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1805. Designation

RS 51:1805 - Designation
The department shall designate urban revitalization zones only after receiving notice from the appropriate governing authority that the governing authority agrees to:
(1) Devise and implement a program to improve police protection within the zone.
(2) Give priority to the use in the zone of any applicable funds received from the federal government.
(3) Assist the department in certifying employers to be eligible for the benefits of this Chapter.
(4) Authorize the department to supersede certain specified local regulations and ordinances which may serve to discourage economic development within the revitalization zone.
(5) Assist the department in evaluating progress made in any revitalization zone within its jurisdiction.
Acts 2005, No. 466, §1, eff. July 1, 2005.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1806. Duties of the department

RS 51:1806 - Duties of the department
The department shall administer the provisions of this Chapter and shall have the following powers and duties in addition to those mentioned elsewhere in this Chapter and in other laws of this state:
(1) To monitor the implementation and operation of this Chapter and conduct a continuing evaluation of the progress made in the urban revitalization zones.
(2) To assist the governing authority of an urban revitalization zone in obtaining assistance from the federal government, including the suspension of federal regulations within the zone.
(3) To assist the governing authority of an urban revitalization zone in obtaining assistance from any other department of state government, including assistance in providing training, technical assistance, and wage subsidies to new businesses and small businesses within an urban revitalization zone.
(4) To assist any employer or prospective employer within an urban revitalization zone in obtaining the benefits of any incentive or inducement program authorized by Louisiana law.
(5) To submit an annual written report evaluating the effectiveness of the program and any suggestions for legislation to the governor and the legislature no later than the first day of March of each year.
(6) To promulgate rules and regulations to effectuate this Chapter in accordance with the Administrative Procedure Act.
(7) To notify each legislator whose district includes any portion of the urban revitalization zone when the department designates such a zone.
Acts 2005, No. 466, §1, eff. July 1, 2005.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1808. Industrial development bonds

RS 51:1808 - Industrial development bonds
Any other provision of law to the contrary notwithstanding, a city or parish governing body, which is also the governing authority of a revitalization zone and has authority to issue revenue bonds, may sell such bonds and use the proceeds for loans to any new or expanding business or industry in the revitalization zone.
Acts 2005, No. 466, §1, eff. July 1, 2005.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1821. Definitions

RS 51:1821 - Definitions
As used in this Chapter, the following terms and phrases have the meaning ascribed to them unless the context requires otherwise:
(1) "Business opportunity" means the sale or lease for an initial required consideration exceeding three hundred dollars of any goods or services which are transferred to a purchaser for the purpose of enabling the purchaser to start a business, and in which the seller or agent:
(a) Represents that the seller or an entity to which it will refer the purchaser, will provide or assist the purchaser in finding business locations on premises neither owned nor leased by the purchaser or seller for the use or operation of vending machines, racks, display cases, currency-operated amusement machines, or other similar devices; or
(b) Represents that the seller, or any entity to which it will refer the purchaser, will purchase any or all products to be sold, made, produced, fabricated, assembled, grown, bred, or modified by the purchaser using in whole or in part the supplies, services, or goods sold to the purchaser by the seller; or
(c) Guarantees that the purchaser is to derive income from the business opportunity which exceeds the price paid for the business opportunity, or that the seller is to refund all or part of the price paid for the business opportunity, or repurchase any of the products, equipment, supplies, or goods supplied by the seller, if the purchaser is unsatisfied with the business opportunity; or
(d) Represents that for a fee exceeding three hundred dollars the seller will provide a sales plan or marketing program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity. This provision shall not apply to the sale or lease of a sales plan or marketing program made in conjunction with the licensing of a registered trademark or service mark.
"Business opportunity" does not include the sale of an ongoing business when the owner of that business sells and intends to sell only that one business, and does not include the sale, not for profit, of sales demonstration equipment, materials, or samples for a total price of five hundred dollars or less.
(2) "Initial required consideration" includes consideration required by express condition or practical necessity, or for which the buyer or lessee becomes obligated before the commencement of the business, or during the following one hundred eighty days.
(3) "Seller" means a person or entity which sells or leases, or offers to sell or to lease a business opportunity.
(4) "Agent" means a person who solicits prospective purchasers or negotiates on behalf of a seller.
(5) "Department" means the Department of Justice.
Added by Acts 1981, No. 814, §1; Acts 1988, No. 625, §6.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1822. Surety bond

RS 51:1822 - Surety bond
A. A business opportunity seller shall maintain a surety bond issued by a surety company authorized to do business in this state in the amount of fifty thousand dollars. The bond shall be in favor of the state for the use, benefit, and indemnity of any person who suffers any damage or loss as a result of the seller's dishonesty, unfair or deceptive practice, breach of the contract for the business opportunity sale or any duty arising therefrom, or violation of law.
B. A business opportunity agent, whether an independent contractor, a broker, or an employee of the seller, shall maintain a surety bond issued by a surety company authorized to do business in this state in the amount of twenty-five thousand dollars. The bond shall be in favor of the state for the use, benefit, and indemnity of any person who suffers any damage or loss as a result of the agent's dishonesty, unfair or deceptive practice, breach of a duty, or violation of law.
C. The department may at any time require a seller or agent to file a new or additional bond in the amount of the original bond whenever he deems the security of a bond required by this Section to be unsatisfactory or finds that a bond has become insufficient to satisfy all claims accrued or contingent against the principal.
D. The state or any person claiming against the bond may maintain an action for damages or other relief against the principal or the surety, or both. The liability of the surety for all breaches of the conditions of the bond provided herein shall in no event exceed the amount of the bond.
E. The seller and agent shall file the bonds required of them with the department before doing any business in this state, including advertising or soliciting. New or additional bonds shall be filed before continuing business in this state.
F. Whoever violates the provisions of Subsections A, B, or E of this Section shall be guilty of a misdemeanor, punishable by a fine of five hundred dollars and by imprisonment for not more than six months.
G. The bonding requirements of this Section shall apply only to business opportunities as defined in R.S. 51:1821(1)(a), (b), or (c).
H. The term of a bond required by this Section shall be continuous. The surety on said bond may terminate the bond upon giving a sixty-day written notice to the assistant secretary and the principal; however, the liability of the surety for the acts of the principal shall continue during the sixty-day period. The notice shall not release the surety from liability which accrues before the termination becomes final, but which is discovered after that date.
Acts 1988, No. 625, §6; Acts 2001, No. 819, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1823. Prohibited acts

RS 51:1823 - Prohibited acts
No business opportunity seller or agent shall:
(1) Represent that a business opportunity provides income or earning potential of any kind unless the seller has documented data to substantiate the claims of income or earning potential and discloses this data to the prospective purchaser at the time such representations are made.
(2) Advertise or make any written reference to a specific range or level of income or earning potential without setting forth the following disclosure, with blanks completed in print as large or larger than that referring to income or earning potential:
"No assurance of earnings or ranges of earnings can be made. The number of purchasers who have earned more through this business than they invested is at least _________. This is ________ percent of the total number of purchasers. This information is current as of
(date)
.
(3) Use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of any business which does not either control the ownership interest in the seller or expressly permit the seller to use its trademark, service mark, trade name, logotype, advertising, or other commercial symbol.
(4) Make or authorize the making of any reference to its compliance with this Chapter in any advertisement or contract with prospective purchasers.
(5) Use advertising which does not include the actual business name of the seller, and, if it differs, the name under which the business opportunity is operated, and the street address of the principal place of business of the seller.
(6) Fail to embody the sale or lease in a written agreement, or to include in that agreement all material statements, representations, or promises made orally prior to execution of the written agreement by the seller or agent, or both.
(7) Include in any agreement a waiver of the purchaser's rights established by law.
(8) Offer, sell, or lease a business opportunity in Louisiana without appointing the secretary of state as its agent in Louisiana authorized to receive service of process.
(9) Fail to provide, upon request of a district attorney, the attorney general, or the assistant secretary, documented data to substantiate claims of income or earning potential.
Added by Acts 1981, No. 814, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1824. Unfair practice

RS 51:1824 - Unfair practice
A violation of any of the provisions of this Chapter shall constitute an unfair practice under the provisions of R.S. 51:1401 through R.S. 51:1418.
Added by Acts 1981, No. 814, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1901. Definitions

RS 51:1901 - Definitions
For the purposes of this Chapter, the following definitions shall apply to the terms used herein:
(1) "Charitable Organization" means a person who is or holds himself out to be a benevolent, civic, recreational, educational, voluntary, health, law enforcement, social service, philanthropic, fraternal, humane, patriotic, religious, or eleemosynary organization.
(2) "Contribution" means the promise or grant of any money, property, or services of any kind or value.
(3) "Person" means any individual, organization, trust, foundation, group, association, partnership, corporation, society, other entity, or any combination of them.
(4) "Authority" means the state of Louisiana or any agency thereof, or any parish, municipality, political subdivision, or entity established by law for the purpose of operating a public transportation facility.
(5) "Facility" means any public transportation facility, including, but not limited to, railroad stations, bus stations, ship ports, ferry terminals, roadside welcome stations, highway service plazas, airports served by scheduled passenger service, or highway rest areas.
(6) "Professional solicitor" means any person who, for financial consideration, solicits contributions for or on behalf of a charitable organization, whether such solicitation is performed personally or through his agents, servants, or employees or through agents engaged in the solicitation of contributions under the direction of such person. A salaried officer or salaried employee of a charitable organization maintaining a permanent establishment within the state shall not be deemed to be a professional solicitor. However, any salaried officer or salaried employee of a charitable organization who engages in the solicitation of contributions in any manner for more than one charitable organization, if a fee is charged for services to the organization other than the one that he is employed by, shall be deemed a professional solicitor. This definition shall not apply to a person who solicits contributions on behalf of a charitable organization on a voluntary basis. Persons making interstate solicitations from Louisiana or making interstate solicitations into Louisiana for charitable organizations are deemed to be professional solicitors.
(7) "Department" means the Louisiana Department of Justice.
(8) "Commercial co-venturer" means any person who for profit regularly and primarily is engaged in trade or commerce other than in soliciting for charitable organizations or charitable purposes and who conducts a charitable sales promotion or advertises that a portion of revenue will be donated to a nonprofit entity.
Added by Acts 1981, No. 849, §1; Acts 1986, No. 906, §1; Acts 1987, No. 274, §1; Acts 1987, No. 784, §1; Acts 1995, No. 1053, §1; Acts 1997, No. 228, §1; Acts 1997, No. 943, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1901.1. Registration of professional solicitors; fees; bonds

RS 51:1901.1 - Registration of professional solicitors; fees; bonds
A. Not less than ten days prior to doing business in this state, a professional solicitor shall register with the department by filing an application, application fee, and bond with the department as provided in this Section.
B. An application for registration or renewal of registration shall be in writing, shall be signed and sworn to by the principal officer of the professional solicitor, and shall be in the form prescribed by the department.
C. An application for registration or renewal of registration shall be accompanied by a fee of one hundred fifty dollars. A professional solicitor which is a partnership or corporation may register for and pay a single fee on behalf of all its partners, officers, directors, and employees.
D. At the time of making application for registration and renewal of registration, any professional solicitor with custody or control of contributions made to a charitable organization shall file a department-approved bond with the state treasurer. The applicant shall be the principal obligor and shall maintain the bond in effect as long as the registration is in effect. The bond shall be for twenty-five thousand dollars or greater, as prescribed by the department, with one or more corporate sureties licensed to do business in this state whose liability in the aggregate at least equals the amount of the bond. The bond shall run to the state for the use of the department and to any person who may have a cause of action against the obligor of the bond for any losses resulting from malfeasance, nonfeasance, or misfeasance in the conduct of solicitation activities. A professional solicitor which is a partnership or corporation may file one twenty-five thousand dollar bond, or an amount specified by the department, on behalf of all its partners, officers, directors, and employees. A professional solicitor who qualifies as a telephonic seller and is required to file a bond pursuant to R.S. 45:829 shall be exempt from the bonding requirements of this Subsection.
E. Each registration as a professional solicitor shall be valid for a period of one year and may be renewed for additional one-year periods as provided in this Section. No person shall act as a professional solicitor after the expiration, suspension, or revocation of registration or renewal of registration.
Acts 1995, No. 1053, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1901.2. Commercial co-venturers

RS 51:1901.2 - Commercial co-venturers
A. Prior to the commencement of any charitable sales promotion in this state conducted by a commercial co-venturer on behalf of a charitable organization, the commercial co-venturer shall obtain the written consent of the charitable organization whose name will be used during the charitable sales promotion.
B. In conducting a charitable sales promotion, if the actual dollar amount or percentage per unit of goods or services purchased or used that will benefit the charitable organization or charitable purpose has been determined, the commercial co-venturer shall disclose the amount or percentage in each advertisement for the charitable sales promotion. If the actual dollar amount or percentage per unit of goods or services purchased or used that will benefit the charitable organization or charitable purpose cannot be reasonably determined prior to the beginning of the charitable sales promotion, the commercial co-venturer shall disclose an estimated amount or percentage in each advertisement for the charitable sales promotion. The estimate shall be reasonable and shall be based on all the relevant facts known to the commercial co-venturer and the charitable organization.
C. A commercial co-venturer shall keep a final accounting for each charitable sales promotion that it conducts for a period of three years following the completion of the charitable sales promotion. A commercial co-venturer shall provide a final accounting for each charitable sales promotion that it conducts to the charitable organization on whose behalf the charitable sales promotion was conducted not later than ten days after the charitable organization requests it. A commercial co-venturer shall provide to the department a copy of the final accounting for each charitable sales promotion that it conducts not later than ten days after the department requests it.
D. To the extent necessary to protect the public from fraudulent or deceptive advertising, the department may adopt rules requiring commercial co-venturers to disclose in advertisements for a charitable sales promotion the actual or estimated amount or percentage of goods or services purchased that will benefit the charitable organization, sponsor, or charitable purpose or sponsor purpose, and to disclose the specific name of the recipient charity.
Acts 1997, No. 228, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1902. Substantiation of charitable purpose

RS 51:1902 - Substantiation of charitable purpose
A. Any charitable organization, solicitor therefor, or person controlling or possessing such information shall provide, upon request, to any district attorney, the attorney general, or donor the following information:
(1) Information relevant to or as substantiation for:
(a) Any express or implied claims that an organization is a benevolent, civic, recreational, educational, voluntary, health, law enforcement, social service, philanthropic, fraternal, humane, patriotic, or religious organization; or that said organization delivers certain goods or services.
(b) Disclosure statements required by R.S. 51:1903 and 1904.
(2) The names and residential addresses of all incorporators, shareholders, directors, officers, sales persons, and employees of the organization.
(3) Any information or documentation required under the Louisiana Unfair Trade Practices and Consumer Protection Law.
B. Failure to provide the information requested in Paragraph A(3) of this Section shall constitute an unfair and deceptive trade practice under the Louisiana Unfair Trade Practices and Consumer Protection Law.
Added by Acts 1981 No. 849, §1; Acts 1995, No. 1053, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1903. Law enforcement solicitations; sanctioned organizations

RS 51:1903 - Law enforcement solicitations; sanctioned organizations
A.(1) The Louisiana State Police and each law enforcement entity which is a department of a parish or local governmental entity may designate one benevolent organization as its "sanctioned benevolent organization". The designated benevolent organization must be the organization with the highest number of officers as members in that law enforcement entity. The law enforcement entity must notify the consumer protection section of the Department of Justice of this designation.
(2) Any such sanctioned benevolent organization may, in its solicitation, include the information that it is the sanctioned benevolent organization of its sponsoring law enforcement entity.
(3) Any benevolent organization not so sanctioned must disclose at the outset of its solicitation, in addition to all other disclosures required under this Chapter, that it is not sanctioned by any law enforcement entity in the state of Louisiana.
B. Any person soliciting donations, contributions, or payments for goods or services to organizations which expressly or impliedly hold themselves out to be law enforcement organizations, publications of law enforcement organizations, or promoters of activities to benefit law enforcement organizations or law enforcement officers must disclose the following at the outset of the solicitation:
(1) The actual name of the caller and the city, town, or parish and state from which he is calling.
(2) The exact name and principal business address of the soliciting organization or publication.
(3) The total number of active or retired law enforcement personnel who are members of each beneficiary organization or subscribers, in the case of a publication, and the percentage of these who are Louisiana residents.
(4) In the case of a publication, the total number of copies of the most recently published issue individually addressed and mailed to law enforcement officers.
(5) In the case of a publication, no bill or invoice may be sent by the publication for the purchase of a subscription or advertising space unless the publication has received a signed order for each subscription or each advertising placement before the bill or invoice is sent.
Added by Acts 1981, No. 849, §1; Acts 1997, No. 333, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1904. Fire Fighting Solicitations

RS 51:1904 - Fire Fighting Solicitations
Any person soliciting donations, contributions or payments for goods or services to organizations which expressly or impliedly hold themselves out to be fire fighting organizations, publications of fire fighting organizations, or promoters of activities to benefit fire fighting organizations or fire fighting officers must disclose the following at the outset of the solicitation:
(1) The actual name of the caller and the city, town, or parish and state from which he is calling.
(2) The exact name and principal business address of the soliciting organization or publication.
(3) The total number of active or retired fire fighting personnel who are members of each beneficiary organization or subscribers, in the case of a publication, and the percentage of these who are Louisiana residents.
(4) In the case of a publication, the total number of copies of the most recently published issue individually addressed and mailed to fire fighting officers.
Added by Acts 1981, No. 849, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1904.1. Disclosures

RS 51:1904.1 - Disclosures
It is an unfair and deceptive act or practice for a professional solicitor, in connection with any charitable solicitation, to:
(1) Fail to provide all of the following information prior to an oral charitable solicitation or at the same time a written charitable solicitation is made:
(a) A clear and conspicuous statement that the solicitation is being performed by a for-profit fundraising firm.
(b) The identity of the for-profit fundraising firm.
(c) The specific charitable purpose for which the charitable solicitation is being conducted.
(2) Fail to provide any of the following information if requested by the consumer:
(a) The percentage of funds solicited which are designated for the charitable organization.
(b) The percentage of funds solicited which are designated for the for-profit fundraising firm.
(c) The percentage of funds to the charitable organization that are used for a charitable purpose.
Acts 1995, No. 1053, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1905. Prohibited acts

RS 51:1905 - Prohibited acts
A. It shall be unlawful for any charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization, an organization soliciting contributions for any charitable organization, or an organization claiming to sell merchandise, products, goods, or services for charitable purposes to engage in unfair methods of competition, unfair or deceptive practices, or misrepresentation.
B. Prohibited acts include, but are not limited to:
(1) False claims that an organization is charitable, nonprofit, or tax exempt.
(2) False claims that an organization is composed of other named or unnamed charitable organizations.
(3) Unauthorized use of the names and implied endorsements of bona fide charitable organizations in the absence of written, notarized authorizations dated less than six months prior to the date the solicitation or sale is made.
(4) False claims concerning the number or membership characteristics of members within the charitable organization.
(5) False claims of the contributions made to other bona fide charitable organizations.
(6) False claims made concerning the date, location, number of participants or attendees, or nature of staged charitable events.
(7) False claims concerning the number of employees or solicitors paid by an organization, the salaries and expenses paid to its staff, management or directors, or the percentage of administrative costs involved in any fund raising activity.
(8) Use of false or fictitious names or addresses for a charitable organization or use of false, fictitious names or aliases by any solicitor, employee, representative, agent, or management official.
(9) False claims that merchandise, products, goods, or services are made by, provided by, or sold on behalf of a charitable organization.
(10) False claims that the profits from sales of merchandise, products, goods, or services are predesignated as contributions to a charitable organization.
Acts 1987, No. 700, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1905.1. Prohibited acts and additional remedies

RS 51:1905.1 - Prohibited acts and additional remedies
A. It shall be unlawful for any charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization to engage in unfair or deceptive practices or misrepresentations regarding the purposes for which funds are being solicited.
B. In addition to other remedies or penalties provided by law, if any charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization represents, either orally or in writing, that the proceeds of the solicitation shall be used for a specific person, event, facility, institution, or project, the person, sponsor of the event, or owner or operator of the facility, institution, or project named as beneficiary may file suit:
(1) To enjoin any unauthorized use of its name or other actions which are in violation of this Section.
(2) To obtain the proceeds of the solicitation, as a third party beneficiary under Civil Code Article 1978, if the proceeds are not forthcoming from the charitable organization, solicitor therefor, or person owning, managing, directing, representing, or acting as agent for any charitable organization.
Acts 1997, No. 819, §2, eff. July 10, 1997.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1905.2. Donation receptacles; violations

RS 51:1905.2 - Donation receptacles; violations
A. Any person who is not affiliated with or acting on behalf of a charitable organization, who places, maintains, services, and collects contents from a donation receptacle placed in public view that is placed for the purpose of collecting donated clothing, household items, or other such donated items for future resale or subsequent donation for purposes of claiming a tax deduction shall permanently affix to the receptacle a label or sign, with lettering no less than three inches in height and one half inch in width, that includes all of the following information:
(1) A statement that reads "DONATIONS MADE IN THIS RECEPTACLE SUPPORT A COMMERCIAL BUSINESS (INSERT NAME OF BUSINESS) AND DO NOT QUALIFY AS CHARITABLE CONTRIBUTIONS FOR TAX PURPOSES."
(2) The person's name, telephone number, electronic mail address, and physical address.
B. Violation of Subsection A of this Section shall constitute an unfair trade practice under the Unfair Trade Practices Law.
Acts 2010, No. 172, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1906. Permits

RS 51:1906 - Permits
A. Any person desiring to solicit funds within a public transportation facility shall first obtain a written permit designating the times, dates, and area or areas where solicitation of funds is permitted from the authority responsible for the administration of the facility. A written application for such permit shall be submitted to the authority and shall contain the following:
(1) The full name, street address, mailing address and telephone number of the person or organization sponsoring, promoting, or conducting the proposed activities.
(2) The full name, street address, mailing address and telephone number of each person who will participate in such activities and of the person who will have supervision of and responsibility for the proposed activities.
(3) A description of the proposed activities indicating the type of communication to be involved.
(4) The dates on and the hours during which the activities are proposed to be carried out and the expected duration of the proposed activities.
(5) The number of persons to be engaged in such activities.
B. The organization sponsoring the proposed activities shall attach to the application a Section 501(C) tax exemption statement of the Internal Revenue Code showing it is a bona fide charitable organization.
C. The authority may require an applicant to include any additional information which it determines is reasonably necessary to identify the organization or persons involved. The authority may effectuate appropriate restrictions on the hours and location of such activities and the number of persons involved in soliciting funds.
Acts 1987, No. 274, §1; Acts 1987, No. 784, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1907. Areas where solicitations are unlawful

RS 51:1907 - Areas where solicitations are unlawful
The solicitation of funds by charitable organizations shall be conducted only in or upon those premises which are nonsecured, public use areas and may be restricted to a specific location. Solicitation of funds shall not be conducted in the following places:
(1) In any area reserved for a particular use, such as a parking area, restroom facility, restaurant, ticket counter, baggage claim area, vehicular travel areas, or pedestrian walkways.
(2) Within any area leased exclusively to a tenant by the authority operating the facility.
(3) Within ten feet of any door area.
(4) Within fifty feet of an airport security check area.
(5) Inside a visitor information center.
Acts 1987, No. 274, §1; Acts 1987, No. 784, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1908. Name Badges

RS 51:1908 - Name Badges
Each individual soliciting funds shall prominently display on his person a badge, provided by the sponsoring person or organization and approved by the authority, bearing the signature of a responsible officer of the authority and that of the person soliciting funds, and describing the person soliciting funds by name, age, height, weight, eye color, hair color, street address, principal occupation, and indicating the name of the organization for which funds are being solicited.
Acts 1987, No. 274, §1; Acts 1987, No. 784, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1909. Conducting of solicitation of funds; emergencies, revocations

RS 51:1909 - Conducting of solicitation of funds; emergencies, revocations
A. In conducting any activity under the provisions of this Chapter, no person shall do any of the following activities:
(1) Obstruct, delay, or interfere in any way with the free movement of any other person; seek to coerce or physically disturb any other person; or hamper or impede the conduct of any authorized business at the facility.
(2) Use any sound or voice-amplifying apparatus on the premises of the facility.
(3) Use any drum, bell, tambourine, horn, or other noisemaking device on the premises of the facility.
(4) Indicate to the public in any manner that he is a representative of the facility.
(5) Misrepresent his identity.
(6) Simulate enforcement of a violation of any parking regulation or other law on the premises of the facility.
(7) Be under sixteen years of age.
(8) Persist after solicitation of funds has been declined.
(9) Engage in dancing, singing, or chanting on the premises of the facility.
(10) Give, offer, or sell food or drinks on the premises of the facility.
B. A facility manager, or his authorized representative, may declare an emergency because of excessively or unusually congested conditions in a facility due to adverse weather, interruptions of a schedule, or extremely heavy traffic movements, or for emergency security measures. In the event of an emergency, an announcement to this effect shall be made. Any person soliciting contributions immediately shall cease such activities for the duration of the emergency.
C. The authority may suspend or revoke the permit held by any person for good cause shown. Good cause shall include, but is not limited to, the following:
(1) Violation of a restriction imposed by the authority.
(2) Continued, substantial complaints from the public about harassment on the premises of the facility.
(3) Any action that adversely affects the health or safety of the public while on the premises of the facility.
(4) Fraud or misrepresentation in any application.
Acts 1987, No. 274, §1; Acts 1987, No. 784, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1909.1. Violations; penalties

RS 51:1909.1 - Violations; penalties
A. Repealed by Acts 1997, No. 943, §2.
B. The attorney general may send notice to any person not in compliance with the registration provisions of this Chapter. Failure to register within thirty days after receipt of this notice will, after a hearing in a court of competent jurisdiction, result in a fine of not more than five hundred dollars per day for each day the professional solicitor fails to register.
C. Violation of any provision of this Chapter shall constitute an unfair trade practice under the Unfair Trade Practices and Consumer Protection Law.1
D. Whoever violates any provision of this Chapter shall, after a hearing in a court of competent jurisdiction, be fined not more than five thousand dollars for the first offense and not more than ten thousand dollars for any subsequent offense and shall also be subject to the civil penalties, including injunctive relief, contained in the Unfair Trade Practices and Consumer Protection Law.
Added by Acts 1981, No. 849, §1; Acts 1987, No. 274, §1; Acts 1987, No. 700, §1; Acts 1987, No. 784, §1; Acts 1995, No. 1053, §1; Acts 1997, No. 228, §1; Acts 1997, No. 943, §§1, 2.
1R.S. 51:1401 et seq.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1909.11. Charitable organizations; requirements

RS 51:1909.11 - Charitable organizations; requirements
A. Absent the showing of a compelling state interest, no state agency or state official shall impose any additional annual filing or reporting requirements by rule or policy on a charitable organization that are more restrictive than the specific requirements for charitable organizations under federal or state law.
B. Notwithstanding any other provisions of law to the contrary, any such filing or reporting requirement that is more restrictive may be reviewed by the Senate Committee on Commerce, Consumer Protection and International Affairs and the House Committee on Commerce.
C. The provisions of Subsection A of this Section shall not apply to the state's direct spending programs including state grants and state contracts, nor to fraud investigations, and shall not restrict enforcement actions against a specific nonprofit organization.
D. For the purposes of this Chapter, "charitable organization" means a person who is or holds himself out to be a benevolent, civic, recreational, educational, voluntary, health, law enforcement, social service, philanthropic, fraternal, humane, patriotic, religious, or eleemosynary organization.
Acts 2022, No. 262, §1, eff. June 3, 2022.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1910. Definitions

RS 51:1910 - Definitions
For purposes of this Chapter the following definitions apply:
(1)(a) A "loan broker" is any person, firm, or corporation who, in return for any consideration from any person, promises to:
(i) Procure for such person, or assist such person in procuring a loan from any third party, or
(ii) Consider whether or not it will make a loan to such person.
(b) This Chapter shall not apply to:
(i) Any party designated and compensated by a Louisiana licensed insurance company as its agent to service loans it makes in this state;
(ii) Any attorney who arranges financing incidentally in the lawful practice of law in this state;
(iii) Any person licensed by the Louisiana Real Estate Commission who arranges financing in the normal course of representation of a client for the purchase, sale, lease, or rental of real estate;
(iv) Any financial institution chartered under Title 6 of the Louisiana Revised Statutes of 1950, a national financial institution chartered under the laws of the United States, any bank, banking institution, savings and loan, or credit union licensed and regulated by the financial institution regulatory body of any state, or a financial institution chartered under the laws of another state, or the officers or employees of the aforesaid banking or financial institutions in the performance of their duties for such banking or financial institutions;
(v) A lender licensed pursuant to the Louisiana Consumer Credit Act or by the Louisiana Office of Financial Institutions; however, such exemption shall apply only to the brokering of consumer loans.
(vi) Any person, corporation, or association licensed by the Louisiana Motor Vehicle Commission;
(vii) Any approved lender, or its employees, under the rules and regulations of the Federal Housing Administration, the Veterans Administration, the Federal National Mortgage Association, or any similar federal agency;
(viii) Any person whose fee is wholly contingent on the successful procurement of a loan from a third party and to whom no fee is paid prior to such procurement; or
(ix) Any person arranging financing for the sale of his product.
(x) Any person licensed pursuant to the Residential Mortgage Lending Act who engages in residential mortgage lending activities as defined in Chapter 14 of Title 6 of the Louisiana Revised Statutes of 1950.
(xi) Any income tax preparer who is an authorized Internal Revenue Service e-file provider and whose only brokering activity is facilitating refund anticipation loans, as defined in R.S. 9:3572.2(B)(9).
(2) A "loan" is an agreement to advance money or property in return for the promise to make payments therefor, whether such agreement is styled as a loan, a lease, or otherwise.
Added by Acts 1982, No. 811, §1. Acts 1984, No. 465, §1; Acts 1986, No. 729, §2; Acts 2000, 1st Ex. Sess., No. 34, §3, eff. April 14, 2000; Acts 2003, No. 665, §3, eff. June 27, 2003.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1911. Bond or trust account required

RS 51:1911 - Bond or trust account required
A. Every loan broker must obtain a surety bond issued by a surety company authorized to do business in Louisiana, or establish a trust account with a licensed and insured bank or savings institution located in Louisiana. The amount of the bond or trust account shall be twenty five thousand dollars. The bond or trust account shall be in favor of the state of Louisiana. Any person damaged by the loan broker's breach of contract or of any obligation arising therefrom, or by any violation of law, or the attorney general seeking additional relief under R.S. 51:1408, may bring an action against the bond or trust account to recover monies therefrom. The aggregate liability of the surety or trustee shall be only for actual damages or additional relief under R.S. 51:1408 and in no event shall exceed the amount of the bond or trust account.
B. The term of the bond shall be continuous, but it shall be subject to termination by the surety upon giving sixty days written notice to the principal and to the state treasurer. The bond shall continue in effect during the sixty day period.
C. A copy of said bond shall be conspicuously posted at any business location of the broker near the location where payments are received.
D. It shall be unlawful for any loan broker or its agent or employee to post an expired bond or a bond which does not meet the requirements of this Chapter.
E. It shall be unlawful for any loan broker or its agent or employee to collect or attempt to collect any deposit or payment toward a fee where a valid bond as required by Subsections A and B herein is not posted as required by Subsection C herein.
F. Any person who is found guilty of any act prohibited by this Section shall be guilty of a misdemeanor and shall be fined five hundred dollars, and may be imprisoned for up to six months, or both.
Added by Acts 1982, No. 811, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1912. Filing with the state treasurer

RS 51:1912 - Filing with the state treasurer
A. Prior to placing any advertisement or making other representations to prospective borrowers in this state, every loan broker shall file with the state treasurer a copy of the disclosure statement required by R.S. 51:1914 and either a certified copy of the bond or a certified copy of the formal notification by the depository that the trust account required by R.S. 51:1911A is established. These filings shall be updated as any material changes in the required information or the status of the bond or trust account occur, but not less than annually.
B. Failure to comply with Subsection A of this Section shall be a misdemeanor punishable by a fine of five hundred dollars or imprisonment for up to six months, or both.
Added by Acts 1982, No. 811, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:1913. Contracts to be in writing

RS 51:1913 - Contracts to be in writing
Every loan brokerage contract shall be in writing and signed by all contracting parties. A copy of the contract shall be given to the prospective borrower at the time he signs the contract.
Added by Acts 1982, No. 811, §1.