[Vision2020] vendor ordinance

[Jon Kimberling]

Thanks to all who have raised some excellent questions regarding the vendors
ordinance. They will be very helpful at the administrative committee meeting
tomorrow afternoon. At the risk of showing how much more I need to study
this issue,  I will do my best to offer some thoughts.


----- Original Message -----
From: "Mark Rounds" <ltrwritr@moscow.com>
To: "Chris Bainbridge" <cbainbridge@ci.moscow.id.us>;
<vision2020@moscow.com>
Sent: Sunday, February 23, 2003 11:11 AM
Subject: RE: [Vision2020] vendor ordinance


> There have been a number of questions asked.  It is true that none of them
> have been specifically addressed to the City Council, they were addressed
in
> very much the same manner as were the questions you did respond to.  I
hope
> we aren't getting into a hair splitting contest here.
>
> Several folks asked about the purpose of this ordinance.  You did say that
> it was for the Council to respond to.  I take it that has has at least
been
> passed on?

The genesis of the discussion of the need for a vendors ordinance took place
before I was appointed to council. My sense is that there was a perceived
gap in our ordinances in that we had provisions to deal with Farmers Market
and official events at other facilities including the parks but not street
vendors. Many other communities have such an ordinance. I perceive these
types of businesses are growing around the country.
>
> Others that were asked were as follows:
>
> Bill London asked the following questions:
>
> If the council passes this ordinance, will the vendors at the Tuesday
> Grower's Market at the Moscow Food Co-op parking lot be cited if they do
> not get an expensive permit?

I don't believe so. If I'm not mistaken, this takes place on private
property that is not the juristiction of the City.
>
> What about the vendors at the more unorganized events at East City Park,
> like the HempFest?

The HempFest gets a permit from the City just like Rendevous & Renaissance.
Vendors who are a part of the event would not need a separate permit.(will
double check with Randy Fife)
>
> What is the problem this ordinance is designed to solve?

Because of my newness to the City, I'm probably not the best one to answer
this. However, I will say that it gives us a provision to control sales on a
city right of way, not unlike what we are already doing in the parks and at
the farmers market.
>
> Debbie Gray asked the following question:
>
> Slap me if I'm wrong but I am guessing that these activities already have
> a valid concession agreement and that these activities are NOT what the
> target is. More importantly, does this include people peddling/vending
> topless carwashes?

The ordinance is to address people whose presense impacts city property.  My
guess is that a carwash would be on private property outside the Cities
scope. As you know, we already have an ordinance to deal with the topless
aspect of it.
>
> John Danahy asked the following questions:
>
> The first and foremost important question should be:
>
> Why do this??

See above.
>
> Is the goal to stop something someone considers bad from happening?  If so
> what and why?

John- as stated above, I believe this is to address a gap that exists today.
We have an ordinance for special events, but not street vendors.
>
> Is the goal to make money for the city??
> If so, why?

We have yet to begin discussion of what fee level is appropriate. I can tell
you that we received a report from Deena Heath, our arts director, that the
farmers market lost a small amount of money last year. A slight fee increase
is under consideration. for that event.

Personally, I don't see our intent to make money though I have been told
other communities take that approach. I don't want to make it more difficult
for businesses to succeed.
>
> Is the goal to regulate?  Again, Why??

See above.
>
> Granted this is only a draft ordinance, and granted I only gave it a
> cursory reading, but it seems to me that under the wording as stated in
> the draft, every individual Girl Scout will have to be registered, and
> provide proof of non-profit status, before selling cookies door to door.
> I certainly do not see this as needed, unless this is another example of
> an ordinance that the city council expects to be "selectively enforced".

See exemption E. Are all girl scouts under age 15? Perhaps we need to check.
I want us to end up with something that can be applied fairly to everyone.
>
> Sunil Ramalingam asked the following question:
>
> So the folks who sell crafts, photographs, clothes, etc., items that are
not
> fruits, vegetables or farm or garden products at the Farmers Market would
be
> subject to the ordinance?  What about prepared food, such as the excellent
> grilled beef?

Good question. I will bring this up Monday.
>
> Don Coombs had the following statement:
>
> To follow up on Walter's post, there are many things sold at
> Farmers' Market that are not fruits, vegetables and farm or
> garden products. I trust at some point whoever is pushing
> this ordinance will let us know why we need it.

Again, I will bring this up Monday.
>
> Janesta Sullivan asked the following question:
>
> What is the revenue from this going to be used for?

Cover staff time to administer the process. There may be others.
>
> I asked about the restriction in hours and days of business clause.  Does
> this cause a legal problem when other local businesses do not have those
> sorts of restrictions?

Our attorney Randy Fife will be there Monday. I will ask.
>
> Also in my reading of this document, it will make trade shows, gun shows
and
> things like the Home and Garden subject to that ordinance.  Is that the
intent?

Again, I'm assuming(scary word to use) these events would take place on
private property and thus would not be subject to this ordinance.
>
> Folks if I misquoted or fumbled the cut and paste, please correct me, but
> this is just a quick look at what I still have left on my box that I
haven't
> deleted.  A full list can be found in the archives of this listserve that
> are readily available.
>
> I hope this helps.  I am really trying to be supportive here.
>
> Mark Rounds

I'm sorry that some of my answers seem so incomplete. Shortly after I was
appointed, this came up for discussion. It's been out of sight for a couple
months and I definately have more homework to do. I have copied my reply to
Randy Fife(City Attorney). If he can improve on any of my responses, I will
pass the informaton along.

I would just view this draft ordinance as a document to start our
discussion. I further sense that some of you question the need for this. My
first reaction is that this ordinance would serve a useful purpose but I
certainly open to your lobbying efforts against this ordinance.

Jon Kimberling

>
>
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