Vendor Permit Ordinance
Staff is seeking council and public input on possible amendments to the vendor permit ordinance. Some of the issues include:
1. The current ordinance has a confusing array of fees that apply to the different classifications of vendor permits. The current fee structure is not only confusing, but the fees vary wildly between the different types of permits. A fee should be reasonably related to the cost of administering and enforcing the ordinance. The draft proposal attempts to make the fees consistent with that principle.
2. The exemption for "authentic handcrafted Native American arts and crafts items, crafted by the artisan/vendor" raises two issues. First is whether there should be an exemption for these and for "agricultural produce grown by the vendor." Second is whether the exemption should only apply to Native American artisan/vendors. That restriction is legally defensible as there is 10th Circuit Court of Appeals case upholding the restrictions requiring vendors at the Museum of New Mexico and Palace of the Governors in Santa Fe to be Native American. However, Santa Fe has an extensive vetting process that vendors must go through to insure that they meet the requirements.
3. The provision dealing with special events vendor permits is not clear as to when it applies and it is not currently being used. There are three options in the draft ordinance. One is to eliminate this provision. One is to require a special events permit in addition to the "regular" vendor permit. The third is to give the special event sponsor the authority to regulate which vendors are allowed at its special event.
4. The allowed hours of operation are currently 8:00 am to 8:00 pm. The issue is whether those hours should be expanded.
5. Some of the vendor location restrictions in 3-4-14 do not make sense when a special event such as Arts Crawl is being held.
- Fiscal Impact:
- As fees are generally being lowered, there would be some reduction in revenue to the city.
- None at this time.
- Speaker's Name
- Curtis Hayes