Louisiana § RS 27:417 - Qualified truck stop criteria; amenities

§ RS 27:417. Qualified truck stop criteria; amenities

            A. As used in this Chapter, a qualified truck stop facility shall mean a facility covering at least five developed contiguous acres which sells fuel, lubricating oil, and other vehicular merchandise, such as batteries, tires, or vehicle parts for eighteen-wheel tractor-trailers, and which also meets all of the following criteria:

            (1) It must be located adjacent to a major state or interstate highway, as defined by rules adopted by the board for this purpose, subject to legislative oversight.

            (2) Repealed by Acts 2022, No. 557, §2.

            (3) It must have parking areas with each of the following:

            (a) A stable parking area for at least fifty eighteen-wheel tractor-trailer motor vehicles, either paved or concrete, to support eighteen-wheel tractor-trailer motor vehicles and their loads, constructed according to industry specifications, subject to approval by the division, except for reason of force majeure affecting the ability to maintain the stable parking area for a reasonable period of time as determined by the division following the interruption of such ability. All other parking areas not paved or concrete must be certified by an authorized company and proof provided that compaction tests were conducted, subject to approval by the division.

            (b) Parking of sufficient size is allowed for safe ingress and egress.

            (c) Parking areas for other vehicles around business entrance ways and exits shall not constitute parking areas for eighteen-wheel tractor-trailer motor vehicles.

            (4) It must have diesel and gasoline fuel facilities as provided for in R.S. 27:416.

            (5) It must have onsite repair service facilities for eighteen-wheel tractor-trailer motor vehicles, except for reason of force majeure affecting the ability to maintain the onsite repair service for a reasonable period of time as determined by the division following the interruption of such ability. The onsite repair service may be in the form of contracted services from a business which regularly offers this type of service. A copy of any contractual agreement shall be submitted with the application for review and processing.

            (6) It must have at least four of the following amenities, except for reason of force majeure affecting the ability to maintain the amenities for a reasonable period of time, as determined by the division following the interruption of such ability:

            (a) A separate truckers' television lounge.

            (b) A full-service laundry facility located in a convenient area for truckers' use.

            (c) Private showers for men and women and not located in an area open to general public restroom facilities.

            (d) A travel store with items commonly referred to as truckers' supplies (items commonly used only by commercial motor vehicles).

            (e) Truck scales.

            (f) Separate truckers' telephones.

            (g) Permanent storage facilities for fuel.

            (h) A Class-A General retail permit operating as a sports wagering lounge which sells food or has an onsite restaurant.

            (7) It must have an area separated for adult patronage only.

            B.(1) The criteria and amenity requirements for a qualified truck stop facility provided for by this Section shall be suspended for that criteria or amenity if any portion of the property upon which a qualified truck stop is located is expropriated by the state of Louisiana or one of its political subdivisions. The suspension for that criteria or amenity shall remain in effect until such time as it is possible for the licensee to meet the requirements of this Section. During the period of suspension the licensee may continue to operate video draw poker devices without meeting the requirements for that particular criteria or amenity affected by the expropriation as otherwise provided for by this Section if all other provisions of this Chapter are met.

            (2) In the event of a renovation to any of the criteria or amenity requirements or buildings housing either of these, for a qualified truck stop facility provided for by this Section, the licensee may request the approval of the division to suspend operations of such criteria or amenity for thirty days in order to complete the renovation. The licensee shall notify the division prior to the beginning of the renovation that would cause the suspension of any criteria or amenity. After the initial approved thirty-day suspension of the criteria or amenity, if the renovation is not completed due to unforeseen circumstances, the licensee may apply to the division, and for good cause shown, the division may grant an additional thirty days for completion. During an approved suspension of the criteria or amenity, the licensee may continue to operate video draw poker devices.

            (3) The provisions of this Subsection shall not be construed to adversely affect parish boundary surveys or good faith reliance upon those surveys as provided for in R.S. 27:456.

            C. Except as provided for in Subsection B of this Section, the criteria and amenities required for a qualified truck stop facility shall be operational and maintained in working condition.

            D. For purposes of Subsection A of this Section, any declaration of a state of emergency, or public health emergency, by order or proclamation of the governor or the president of the United States that mandates a temporary closure or partial closure of any operations at a qualified truck stop facility shall be considered a force majeure for the duration of the declared state of emergency or public health emergency and sixty days thereafter.

            Acts 2012, No. 161, §2; Acts 2020, 2^nd Ex. Sess., No. 7, §1, eff. Oct. 20, 2020; Acts 2021, No. 440, §1, eff. July 1, 2021; Acts 2022, No. 557, §§1, 2.