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rs-title-54•Title 54 — Warehouses
§§1 to 49 Repealed by Acts 1978, No. 164, §5, eff. Jan. 1, 1979
§§50 to 55 Repealed by Acts 1980, No. 157, §2
§§56 to 58 Repealed by Acts 1980, No. 278, §1
In this Chapter, unless context or subject matter otherwise requires:
(1) "Public warehouse" means any structure or receptacle of any kind in which goods of any kind are deposited or stored for profit and for which a receipt for goods is issued to the owner.
(2) "Warehouseman" means a person lawfully engaged in the business of storing goods for profit.
(3) "Goods" means all movable property of every description.
Acts 1997, No. 662, §1, eff. July 7, 1997.
Warehouses coming under the jurisdiction of the Louisiana Agricultural Commodities Commission are not subject to the provisions of this Chapter.
Acts 2009, No. 24, §6, eff. June 12, 2009.
The proprietor, lessee, or manager of any public warehouse, whether an individual, firm, or corporation, before transacting any business in the warehouse, shall procure from the district court or the civil district court of the parish in which the warehouse is situated, a certificate that he is transacting business as a public warehouseman under the laws of the state. This certificate shall be issued by the clerk of that court upon the filing of a written petition and the giving of proper bond or its equivalent, as provided in R.S. 54:114. This certificate, when issued, authorizes the person to whom issued to conduct the business of a public warehouse within the meaning of this Chapter.
The petition referred to in R.S. 54:113 shall state the location and name of the warehouse or warehouses and the name of each person interested as owner or principal in the management thereof, individually or as a member of the firm, or, if the warehouse is owned or managed by a corporation, the names of the president, the secretary, and the treasurer of the corporation.
The person petitioning for the certificate shall also file with the clerk:
(1) A bond for five thousand dollars, or
(2) In the case of a warehouse situated in a municipality having a population of fifty thousand or more, a bond for twenty-five thousand dollars, or
(3) Where a bond is or has been furnished by any person in any one parish or municipality in the sum of twenty-five thousand dollars and has not expired, a copy thereof, certified by the clerk of the court where the original bond is filed, may be filed in lieu of the bonds provided for in paragraphs (1) and (2) above, and no further bond need be furnished to qualify in any other parish or municipality.
These bonds shall be penal bonds with security in favor of the state and shall be approved by the court. They shall be conditioned for the faithful performance by the person receiving the certificate of his duty as a public warehouseman and for his full compliance with all laws of the state relating to that business. The bond shall be renewed every two years after the date of its approval. After the expiration of the date on which the bond should be renewed, if the bond has not been renewed, the surety on it is not liable except for acts committed during the existence of the bond and prior to the date on which it should have been renewed.
The certificate provided for in R.S. 54:113 may be revoked by the court which granted it, if it is proved to the satisfaction of the court, in a summary proceeding instituted before it by any person, that the holder of the certificate has violated any provision of this Chapter or any other law regulating or applicable to his business as a public warehouseman.
Amended by Acts 1950, No. 480, §1.
A. On or after June 1, 1997, when a firm or corporation engages in the business of a public warehouse without having procured a certificate as provided in R.S. 54:113 and 114, or after its certificate has been revoked and before it has been renewed, except to deliver property stored in its warehouse prior to the revocation, the firm or corporation may, upon petition of any person setting forth that fact, be required by the court whose clerk is authorized in R.S. 54:113 to issue the certificates to pay to the governing authority of the parish where the warehouse is situated not less than one hundred dollars nor more than five hundred dollars for each day business is so transacted, not to exceed five thousand dollars, and costs of court.
B. When the business is transacted after revocation and before renewal of the certificate of the firm or corporation, the court may decree that the certificate shall not be renewed within a year after its revocation.
C. Nothing in this Section affects in any way the regular license laws of the parish, city, or state.
Acts 1997, No. 662, §1, eff. July 7, 1997.
Any public warehouseman who violates any provision of this Chapter shall be fined not more than five thousand dollars or imprisoned for not more than five years, or both.
In this Chapter, unless the context or subject matter clearly indicates otherwise:
(1) "Warehouse" means any structure or receptacle of any kind in which goods of any kind are deposited or stored for profit.
(2) "Warehouseman" means any person lawfully engaged in the business of storing goods for profit.
(3) "Goods" means all movable property of any description.
Except as provided in R.S. 54:185, every person who conducts or operates a warehouse and who receives or stores in the warehouse goods which are subject to excise, license, or privilege taxes under the laws of Louisiana shall file monthly reports with the Collector of Revenue on or before the fifteenth day of the month succeeding the period covered by the statement. These reports shall show the name and address of the owner of such goods being held in store in the warehouse, the kind and quantity of these goods, and the goods of this type that were delivered or shipped from the warehouse, the date of shipment, the name and address of the consignee, and the kind and quantity of goods delivered or shipped.
No warehouseman shall engage as a dealer in the business of selling, offering for sale, or distributing any goods which are subject to excise, license, or privilege taxes under the laws of Louisiana.
The collector of revenue may make rules and regulations for the proper enforcement of this Chapter.
The provisions of this Chapter do not apply to warehouses that are operated as agencies of the United States.
Whoever violates any provision of this Chapter shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than six months, or both. For the second or any subsequent violation, the penalties fixed by this Section shall be doubled.
§§241 to 260 Repealed by Acts 1982, No. 563, §3, eff. Jan. 1, 1983
Samplers, weighers, and inspectors employed for sampling, weighing, and inspecting cotton received and delivered at the Public Cotton Warehouse, owned and operated by the Board of Commissioners of the Port of New Orleans, shall be appointed by the Board of Commissioners of the Port of New Orleans on the recommendation of the board of directors of the New Orleans Cotton Exchange. This recommendation makes the New Orleans Cotton Exchange responsible for the accuracy of the weighing, sampling, and inspecting of cotton. The Board of Commissioners of the Port of New Orleans and the New Orleans Cotton Exchange shall set aside a sum agreed on by them and provided by a charge against the cotton for services rendered to be paid to the cotton exchange for this responsibility and warranty.
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