Terms Used In Louisiana Revised Statutes 37:1893

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

            A.(1) No person shall do business as a catalytic converter dealer in this state without having first obtained a catalytic converter dealer license from the commission and either of the following:

            (a) An occupational license from a local government if an occupational license is required in the jurisdiction where the business is conducted.

            (b) A transient merchant license pursuant to La. Rev. Stat. 37:1902.

            (2) Any person desiring a license as a catalytic converter dealer shall make an application in writing, specifying the address of the building where the business is to be carried on. A license issued pursuant to this Part shall be valid for two years.

            B.(1) It shall be unlawful for any person to engage in the business of purchasing or selling used or detached catalytic converters in this state without first obtaining a license as required by this Section unless the person acquired the catalytic converter from the owner of the vehicle in the normal course of business.

            (2) Any person who engages in the business of purchasing or selling used or detached catalytic converters pursuant to this Section shall obtain and hold a current license to engage in the business of purchasing or selling used or detached catalytic converters.

            C.(1) The commission shall create a form to be used as an application for licensure as a catalytic converter dealer and shall provide the form to an applicant.

            (2) The commission shall require all of the following information in the application:

            (a) The name of the applicant.

            (b) The street address of applicant’s principal place of business and each additional place of business.

            (c) The type of business organization of applicant.

            (d) Whether the applicant has an established place of business and is engaged in the pursuit, avocation, or business for which each license is applied.

            (e) Whether the applicant is able to properly conduct the business for which each license is applied.

            (f) Any other pertinent information consistent with the safeguarding of the public interest and the public welfare.

            (g) Any other information the commission deems necessary to enable it to fully determine the qualifications and eligibility of the applicants to receive a license.

            (3) The applicant shall sign the application prior to submission to the commission.

            (4)(a) Upon submission of an application, an applicant shall pay all applicable fees in accordance with La. Rev. Stat. 32:791(D). If an application is denied and the license is not issued, the commission shall return all licensing fees to the applicant.

            (b) Any licensee that submits a renewal application after the expiration date of an existing license shall be subject to a late penalty of one hundred dollars in addition to any penalty, fine, or cost assessed for operating without a license which shall be paid to the commission.

            (c) Any licensee having a previous license shall be presumed to be a renewal applicant.

            (d) Any licensee that changes its name, mailing address, or ownership shall notify the commission within ten calendar days of the change. Failure to timely notify the commission of a change of name, mailing address, or ownership shall be in violation of this Part.

            (e) Any licensee that ceases to maintain its business locations shall surrender its license to the commission within ten calendar days. Failure to timely surrender the license shall constitute a violation of this Part.

            D. The commission shall specify the location of the place of business on each license issued. If the business location is changed, the commission shall be notified immediately of the change and the commission may endorse the change of location on the license without charge. The license shall be posted in a conspicuous place in each place of business.

            E. The commission may promulgate rules to implement the provisions of this Section.

            Acts 2022, No. 584, §1; Acts 2023, No. 373, §1.