Memorandum

City of Lawrence

City Clerk’s Office

TO:	David L. Corliss, City Manager
FROM:	Jonathan Douglass, Assistant to the City Manager/City Clerk
CC:	Toni Wheeler, Director of Legal Services
DATE:	April 13, 2010
RE:	Request for changes to street vendor license ordinance

The city has received the attached request for changes to the street vendor license ordinance. This memo outlines the current street vendor regulations, the requested changes and provides a draft ordinance for City Commission consideration.

Current Street Vendor Regulations

Street vendors, which are licensed through the City Clerk’s Office, are currently only allowed at certain locations downtown and they must cease operations by 9:00 p.m. (see Section 6 Article 14 of the City Code). The allowed locations are:

• Either southwest or northeast corner of 7th and Massachusetts Streets;
• Either southwest or northeast corner of 8th and Massachusetts Streets;
• Either southwest or northeast corner of 9th and Massachusetts Streets;
• Either southwest or northeast corner of 10th and Massachusetts Streets;
• West side of the 800 block of Massachusetts Street near the center block cross walk area.

There are currently 2 licensed street vendors (both food vendors):  Sundog located on the northeast corner of 9^th and Massachusetts, and Green Violin located on the southwest corner of 8^th and Massachusetts.

The current fees for street vendor licenses are $25/day or $300/year plus $50/month. The annual fee drops to $200 for renewal licenses. Applicants are required to notify all businesses within 75 feet of their proposed location and attempt to obtain written approval to utilize the proposed portion of the sidewalk. A licensed street vendor is limited to one licensed location per year.

Requested Changes

Jason Mandel and Justin Sharkan of the proposed Last Stop Snack Shop have requested changes to the street vendor license ordinance to allow them to sell later into the evening (until 2:30 a.m.) and at locations not currently allowed by the City Code. They would like to sell from the public sidewalk just west of the entrance to the upper level of the Riverfront Parking Garage near the intersection of 6^th and New Hampshire. They would also like to eventually utilize the sidewalks near 9^th and Massachusetts and near 14^th and Ohio. Specifically, their business plan is to sell from 14^th and Ohio on Wednesday evenings, 6^th and New Hampshire on Thursday evenings, and 9^th and Massachusetts on Friday and Saturday evenings.

Staff Recommendations

Staff has drafted Ordinance No. 8516, which would amend the City Code to allow licensed street vendors to operate until 2:30 a.m. and would add 6^th and New Hampshire to the list of eligible locations.

Staff does have concerns with allowing street vendors to operate until 2:30 a.m. and the potential to have patrons congregating outside bars after closing time.

Staff does not recommend allowing street vendors at any locations outside of downtown due to safety and neighborhood tranquility concerns. Staff did not add any language regarding the 9^th and Massachusetts location because street vendors are already allowed at the southwest and northeast corners of 9th and Massachusetts Streets.

Staff does not recommend allowing a licensed street vendor to operate at more than one location, even if they operate at different locations on different nights. Licensing each location on a per night basis will be difficult for staff to track and enforce if multiple vendors begin operating later into the evening. The public right-of-way is a limited resource and staff recommends keeping the current language which prevents any one vendor from potentially monopolizing its use.

Staff has also received an informal inquiry from another individual regarding mobile street vendors, such as a push cart selling ice cream that would travel throughout downtown rather than being tied to one licensed location. Staff does not recommend amending the street vendor license to allow such activity. The city and downtown community have traditionally only supported limited locations for street vendors and the license requires statements from nearby businesses that they do not object to the operation of the proposed street vendor at that location [Section 6-1403(A)]. This type of adjacent business input would be impossible with a mobile street vendor.

The city has also received a written request, received by the City Commission and referred to staff on 04/13/10, for the creation of a license to allow food sales from vehicles on the street downtown. Staff is processing that item separately from this request regarding street vendors (which sell from the sidewalk).

ACTION:      Adopt on first reading, Ordinance No. 8516, amending Chapter 6 Article 14 of the City Code regarding Licensed Street Vendors, if appropriate.