Could a Louisiana florist sell cut flowers through an unattended kiosk without a licensed florist at each machine?

Plain-English summary

Two legislators asked about a climate-controlled flower vending kiosk in a mall or grocery store, away from the florist's retail shop. The proposed machine identified a licensed florist and allowed a customer to contact that florist; flowers would be prepared at the shop before being placed in the kiosk. In 2005, the Attorney General concluded that a licensed retail florist did not have to stand at each off-site machine.

The AG said the retail-florist provision in La. R.S. 3:3808 B (2) required a licensed regular employee at each retail florist place of business. It treated the separate kiosk as closer to the mobile cut flower dealer covered by La. R.S. 3:3808 I. A kiosk owner selling cut flowers singly or in bunches therefore needed a cut flower dealer permit. The opinion acknowledged that the statute did not specifically address automated climate-controlled kiosks; its answer was an analogy applied to the described machine.

Currency note

This opinion was issued in 2005. 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

Did an unattended flower kiosk need a florist physically present at each location?

The AG said no for the off-site automated kiosk described. It distinguished the machine from the retail florist's own place of business, where the statute required a licensed regular employee.

Did the kiosk owner need any flower-sales permit?

Yes. The opinion said the owner had to obtain a cut flower dealer permit to distribute single flowers or bunches of cut flowers from the machine.

Why did the AG compare a vending machine to a mobile pushcart?

Both were self-contained units that could move between locations outside a florist's retail shop and could sell single or bunched cut flowers. The AG identified automation as their main difference and applied the dealer-permit provision by analogy.

Did the opinion decide the rules for every kind of floral product or kiosk?

No. It discussed the proposed off-site machine and the statute's permission to sell cut flowers singly or in bunches. It said there was no legislation then specifically addressing automated climate-controlled kiosks.

Background and statutory framework

La. R.S. 3:3808 B (2) required a retail florist to have a licensed regular employee at each place of business during hours of floristry and to display that person's license. La. R.S. 3:3808 I. separately authorized a cut flower dealer to sell single or bunched cut flowers from a place of business or mobile pushcart without the retail-florist staffing rule. The AG used the second category for the described off-site vending unit, while keeping the staffing requirement for a florist's actual retail shop.

Citations

• La. R.S. 3:3808 B (2) (licensed florist at a retail florist's place of business).
• La. R.S. 3:3808 I. (cut flower dealer permit and sales of single or bunched flowers).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0283

Original opinion text

October 7, 2005
OPINION NO. 05-0283

63 – LICENSING – For professions or occupations Honorable Emile “Peppi” Bruneau
State Representative, District 94 La. R.S. 3:3808 B (2) La. R.S. 3:3808 I.
145 Robert E. Lee Blvd., Suite 206
An automated kiosk that stands alone and that dispenses
New Orleans, Louisiana 70124-2585
with the requirement that there be a licensed retail florist
at that location would not violate state law.
Honorable J. Thomas Schedler
State Senator, District 11
St. Tammany & Tangipahoa Parishes
3840 Highway 22, Suite 200
Mandeville, Louisiana 70471

Gentlemen:

Your letters indicate that a constituent of yours has come up with an idea to sell flowers at free standing locations such as a mall or grocery store, locations which are not floral shops. The invention resembles an automated, climate-controlled kiosk from which a consumer could pick and choose a floral arrangement to purchase. The machine would have a sign, other marking or signal showing the name of the florist as well as his license number. In addition to this information, the consumer would be able to make direct contact with a licensed retail florist from the structure. Minimum professional standards would be met because, before placing the arrangement in the machine, the operator would prepare the flowers in his retail shop.

Specifically, you ask whether the use of the foregoing apparatus comports with state law, and whether a licensed retail florist would be required at each vending machine location.

There is no direct answer to this question in our current statutory scheme which regulates florists. Furthermore, there is no prohibition against selling flowers from an automated climate-controlled kiosk. La. R.S. 3:3808 B (2) provides regulations that seem to pertain only to Retail florists operating out of their own place of business. This section of the statute is entitled “Terms and conditions of licenses and permits” and reads as follows:

B. Retail florists shall be subject to the following provisions:

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Honorable Emile “Peppi” Bruneau
Honorable J. Thomas Schedler
OPINION NO. 05-0283
Page 2

(2) Each person who engages in the profession of retail floristry shall have a regular employee at each place of business who is a licensed retail florist and whose license shall be on display at all times during the hours business is conducted in that profession;

In contrast, the statute sets out another authorized category of distributing flowers to the public. La. R.S. 3:3808 I. provides regulations pertaining to a “cut flower dealer.” This permit, which does not mandate a licensed retail florist, reads as follows:

I. A cut flower dealer's permit authorizes the holder thereof to sell cut flowers either singly or in bunches, or both. Each cut flower dealer shall sell from a place of business or from a mobile pushcart which shall be capable of being moved from place to place by the dealer. …

The climate-controlled kiosk or vending machine is factually analogous to the provisions of La. R.S. 3:3808 I. for several reasons. Both are self-contained mobile units able to be moved from location to location. Both would not typically be located at a floral retail shop or a florist’s place of business. Both units would likely sell cut flowers either singly or in bunches, or both. The only difference is that the sale process would be automated by the machine. Consequently, the owner of an automated, climate-controlled kiosk can distribute single flowers or bunches of flowers, and he or she would be required to obtain a cut flower dealer permit.

The mandatory wording of the portion of the statute dealing with retail florists and their place of business does not allow for the use of discretion, but requires that “at each place of business” a retail florist must have a regular employee who is a licensed retail florist and whose license is on display at all times during business hours. However, a climate-controlled kiosk or vending machine located off the premises of the florist’s place of business would not be subject to such a requirement.

It is important to note that there is no specific legislation addressing the situation of an automated climate-controlled kiosk. It is the opinion of this office, for the above- mentioned reasons, that the operation of such a machine would only require a cut flower dealer’s permit. Therefore, an on-site licensed retail florist would not be required to stand next to each vending machine.

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Honorable Emile “Peppi” Bruneau
Honorable J. Thomas Schedler
OPINION NO. 05-0283
Page 2

We hope this sufficiently answers your inquiry, but if we can be of further assistance, please do not hesitate to contact me.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By:_______
Christopher D. Matchett
Assistant Attorney General

CCF, Jr.:CDM:lrs

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OPINION NO. 05-0283

63 – LICENSING – For professions or occupations

La. R.S. 3:3808 B (2)
La. R.S. 3:3808 I.

An automated kiosk that stands alone and that dispenses with the requirement that there be a licensed retail florist at that location would only require a cut flower dealer’s permit and would not violate state law.

Honorable Emile “Peppi Bruneau
State Representative, District 94
145 Robert E. Lee Blvd., Suite 206
New Orleans, Louisiana 70124-2585

Honorable J. Thomas Schedler
State Senator, District 11
St. Tammany & Tangipahoa Parishes
3840 Highway 22, Suite 200
Mandeville, Louisiana 70471

DATE RECEIVED:
CHRISTOPHER D. MATCHETT
DATE RELEASED: October 7, 2005
Assistant Attorney General