Mobile vendor regulations approved by council
New regulations for temporary mobile vendors were approved by the Whitefish City Council at their Monday meeting. The vote was 4-1, with councilor Nancy Woodruff in opposition.
The Whitefish City-County Planning Board unanimously approved the revised regulations at their June 18 meeting. Two mobile vendors spoke during the public hearing. Hot dog vendor Janice Campbell was concerned about limiting vendors to only two days a week, and crepes vendor Todd Horning questioned the definition of special events.
Since then, Red Caboose cafe owner Richard Kramer e-mailed his position on street vendors to the councilors. Kramer said he was concerned about a pizza cart that he claims operated at the empty lot next to the Great Northern Bar for six weeks without a vendor permit, a health department license or permission from the property owner.
"A street vendor's presence with only a single employee and virtually no overhead jeopardizes the employment of eight of my employees," Kramer wrote. "Times are tough in the restaurant business. Our industry has been hit particularly hard by the recession. If these street vendors are allowed to compete directly with downtown restaurants, the results will be catastrophic to the downtown area."
City councilors discussed the notification process and concerns that the empty lot next to the Craggy Range restaurant might become home to a dozen or more vendors operating as a "medieval market."
Whitefish Chamber of Commerce director Sheila Bowen said a permitted fruit stand at Second Street and Spokane Avenue recently provided a test case. Not only did the business create traffic hazards, it competed directly with a nearby established grocery store.
City planner David Taylor explained that the fruit stand fell under regulations for seasonal vendors, not the temporary mobile vendors under discussion.
Councilor John Muhlfeld's amendment to require notification in the newspaper and to have vendor fees cover the cost was unanimously approved.
Woodruff's amendment to limit operations until late at night died for lack of a second.
Councilor Turner Askew's amendment to limit the number of vendors to one per adjacent lots under common ownership was unanimously approved.
According to the new regulations, mobile vendors will be allowed to work outside of catering jobs or community wide events, including sporting events, after they obtain a temporary vendor permit. They cannot set up on city parks, rights-of-way, parking spaces, bus stops and other areas without authorization.
The intent of the regulations is to both protect existing brick-and-mortar businesses but also allow for new businesses to get a foothold in the local economy.
"Businesses with permanent locations are an integral part of the local economy, and long-term vendors may compete unfairly with established businesses," the new regulations state. "It is the intent of this section to promote small business growth on a temporary basis in order to promote future permanent location and operation."
Temporary vendors will be limited to food and beverage sales, with the exception of seasonal uses, such as produce stands, fireworks stands and Christmas tree lots. The regulations govern health permits, water and sewer, electrical connections and signage, but landscaping requirements were deleted.
Vendors had been limited to two days per week but are now limited to six hours per day, with one hour for set-up and take-down. The number of vendors allowed downtown can be limited to five or less at the discretion of the city council.
After an application for a temporary vending permit is made, the city zoning administrator will notify all adjacent property owners and their tenants within 250 feet of the vending site. The property owners and tenants may contest the application if the mobile vendor competes by selling the same goods, products or foods. A hearing will be made before the city council, which has the final say.