City of New Orleans v. Kientz

Citations

• 52 La. Ann. 950

Syllabus

<p>Syllabus.</p> <p>1. The city of New Orleans having the undoubted right and authority to establish markets for public health and convenience by ordinance, and to lease the same, has the authority for the protection of its lessees, to pass an auxiliary ordinance, prohibiting parties from selling at or near the markets, products which are sold in the same. Morano vs. Mayor, 2nd La., 219-220; State vs. Saradat, 46r.h Ann., 700.</p> <p>2. Having the authority to absolutely prihibit parties from selling at the public markets the products sold thereat, it has authority with the consent of the lessees to permit them to sell the same at the markets, on condition of their paying each day for the privilege the price paid daily by the occupants of stalls, where the privilege is extended to all alike.</p> <p>An ordinance granting such privilege does not impose a tax or compulsory license, as parties determine for themselves whether they shall sell or not.</p>