Could vending machines be placed on Lake Providence town property without paying the town?

Plain-English summary

Lake Providence's police chief asked about snack and soft-drink vending machines at the police station. The AG said the town must be compensated for use of its space. Without compensation, the use would amount to a prohibited donation of public funds under Article VII, Section 14 of the Louisiana Constitution. The AG did not answer whether an elected official could place the machines on town property. It said that issue was governed by the Code of Governmental Ethics and suggested submitting it to the Louisiana Board of Ethics.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the machines use town space for free?
No. The AG said uncompensated use of the space would be a prohibited donation of public funds.

Could an elected official place the vending machines on town property?
The AG did not decide that ethics question and suggested asking the Louisiana Board of Ethics.

Background and statutory framework

The opinion applied Article VII, Section 14 of the Louisiana Constitution to the use of town property. It cited earlier Opinions 00-322 and 01-270 when referring the elected-official question to the Board of Ethics.

Citations and references

• Statutory references appear in the reproduced opinion below.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0065

Original opinion text

DEPARTMENT OF IUSTICE
P.O. Box 94005
RICHARD P. IEYOUB ~a~or~ ~o~e TEL: (504) 342-7013
A’rrORNEY GENERAL
70804-9005
FAX: (504) 342-7335

FEB ~ 6 2OOZ
OPINION 02-0065

Honorable Rudy Threats
Chief of Police
90-A-1 Public Funds & Contracts
200 First Street
Vending machines may only be placed on town property if town receives
compensation for use of the space.
Lake Providence, LA 71254

Dear Chief Threats:

This office is in receipt of your recent correspondence concerning the installation of a snack foood vending machine and a coke machine in the police state in the town of Lake Providence. In general, note that the Town of Lake Providence must receive compensation for the use of its space vis-a-vis these vending machines. Without compensation, use of the town’s property would constitute a donation of public funds which is prohibited by Article VII, Section 14 (1974) of the Louisiana Constitution.

The separate question of whether an elected official may place vending machines on town property is governed by the Code of Governmental Ethics. We have referred similar questions to the Louisiana Board of Ethics (Attorney General Opinions 00-322 and 01-270) and we suggest you submit your inquiry to the Board for their review.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

NEY GENERAL

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