Mayor wants vendors gone – first reading passes

Historic City News readers have been following the latest move to regulate temporary vendors adjacent to the Visitor Center promenade, since Mayor Joe Boles told commissioners and city staff at their regular business meeting on May 6, 2013, that he wanted the “eyesore” gone, now.

In accordance with that direction, Ordinance 2013-14 was introduced; providing for regulation of mobile vendors. City Attorney Ron Brown has cautioned that a ban there might not leave “reasonable alternatives” that can stand up if challenged in court. The City of St Augustine has not had a good track record with past attempts to eliminate artists, street performers, and other vendors from choice public venues when those regulations have been challenged.

The proposed ordinance is predicated on a finding that the proliferation of retail vending and sale of goods in certain public places has created “a significant burden and threat to the public’s health, safety and welfare”.

Offered as “proof” of such, the following “threats” have been identified:

• Creating a visual blight inconsistent with the ambiance of the City’s historic preservation districts
• Damaging the economic retail interests of other retail vendors and merchants who must pay property taxes, lease fees, mortgages, insurance, licensing and permitting fees, which are not currently required of vendors in public places
• Creating congestion of persons, fixtures, equipment and merchandise which impedes the flow of pedestrian and vehicular traffic in such public places

If passed in its current form, mobile vendors will be required to provide a photo identification card, pay a $75 application fee, a yearly permit fee to satisfy the requirements of a local business tax receipt, and pay a $50 yearly charge for premium, designated spaces. There will be a limited number of permits available.

Further requirements of mobile vendors include:

1) Be 18-years-old, or older
2) Submit photo identification card issued by a state or federal agency and two 3″x5″ photographs taken within 30 days of the application
3) Provide all of the following information regarding the applicant:
a) Name, home address, local address, telephone number
b) Age, height, weight, color of eyes and hair
c) Date of birth
d) Valid driver’s license or government issued identification card
e) State sales tax number
4) Provide a description of the business including specification of the goods offered for sale and the expected locations from which sales will be offered
5) Provides proof of comprehensive liability insurance policy coverage in a minimum amount of $100,000 per person and $300,000 per incident. The policy shall list the city as a coinsured
6) Provide a mailing address at which notice of any pertinent city information shall be considered received and binding upon the applicant or mobile vendor’s license holder on the fifth day after first class mail is posted to the address
7) Provide a statement regarding compliance with these regulations and affirmatively state they have not previously violated the terms of licensing
8) Pays fees

If approved as a mobile vendor, licensing does not grant the licensee the right to vend in “prohibited public areas” or the right to vend in the “Market in the Plaza”.

The new Ordinance received approval on first reading at the June 10, 2013 city commission meeting. Before the ordinance becomes law, it will return to the commission on June 24, 2013, for a public hearing, comments and vote.