ADMINISTRATIVE REPORT

Date: April 9, 2002
Author/Local: R. Birch

RTS No. 02651

CC File No. 2630

P&E: April 25, 2002

TO:	Standing Committee on Planning and Environment
FROM:	General Manager of Engineering Services
SUBJECT:	Special Event Vending Permits

RECOMMENDATION

A. THAT Council authorize the General Manager of Engineering Services, or designate, to issue Mobile Special Event Vending Permits in accordance with the guidelines in Appendix A of this report.

B. THAT the annual fee for each Mobile Special Event Vending Permit be $100.

CITY MANAGER'S COMMENTS

The City Manager RECOMMENDS approval of the foregoing

COUNCIL POLICY

On June 1, 1995 Council resolved that the annual special event vending permit be eliminated.

PURPOSE

The purpose of this report is to reinstate the Mobile Special Event Permit which was eliminated in 1995, and to implement permit guidelines which resolve ongoing enforcement problems related to vending of balloons and novelty items at the Celebration of Light festival.

BACKGROUND

Street vending at special events is currently permitted in the following circumstances:

- vendors in the City's regular Street Vending Program are permitted to carry on their approved vending activities, even if their vending locations are within the boundaries of a special event.
- special event organizers can obtain a Special Event Market Permit, which gives them exclusive control over street vending within designated boundaries. Holders of such permits normally generate revenue by charging vendors for vending privileges within the event boundaries. This form of permit is currently issued to the organizers of such festivals as the Celebration of Light, the Jazz Festival and Canada Day.
- if special event organizers do not wish to obtain a Special Event Market Permit, but are agreeable to having vendors participate in the event, the City may issue one or more One-Day Special Event Vending Permits individual vendors, at a cost of $25 per day. The number of available one-day vending permits issued may vary for each special event, depending upon the availability of sidewalk space and the location of the special event.

A fourth form of street vending permit has been issued each year for many years: the Mobile Special Event Vending Permit. There has only been one holder of this permit each year, a vendor of novelty and balloon items. The annual fee for this permit is $50, and the permit allows vending:

- in locations where One-Day Special Event Vending Permits would be issued, and
- in areas adjoining Special Event Market Permits, but not inside the permit boundaries.

This form of permit was eliminated by Council in June, 1995 on staff's recommedation, based upon lack of demand. However, for unknown reasons, one permit continued to be issued each year thereafter to the Family Fun Centre Inc. The company's owner has advised that Council agreed to an exception for Family Fun Centre Inc. when eliminating the Mobile Special Event Vending Permit, but Council minutes indicate otherwise.

DISCUSSION

Over the last two years, there have been increasing problems involving vending within the boundaries of a Special Event Market Permit during the fireworks festival:

- employees of the Family Fun Center Inc. have been observed vending within the boundaries of the fireworks festivals on numerous occasions, requiring frequent enforcement actions.
- the Family Fun Centre Inc. has disputed the meaning of the language on the permit which limits vending to areas "adjoining" the boundaries of Special Event Market Permits. This has resulted in disagreements between City enforcement staff and Family Fun Centre Inc. employees during the fireworks festival about what vending locations are permitted.
- the Family Fun Centre Inc. only took out one permit (in the company name) and distributed photocopies of the same permit to its employees. This has severely hampered the effectiveness of enforcement, because the enforcement staff lack the ability to deal with problem individuals.
- the cost of administering and enforcing the Mobile Special Event permit have been several times the $50 in revenue received from issuing the single permit each year.

The Family Fun Centre Inc. has expressed a wish to continue operating in the future as it has in the past. The company has also expressed the wish to be able to vend during the Celebration of Light (inside the boundaries of the Special Event Market Permit) without obtaining a permit from the event organizers, and seeks to do this through the Mobile Special Event Vending Permit. Its justification for this request is that its employees have been allowed to vend in this manner for many years.

All of the information available to staff indicates that the previous Mobile Special Event Vending Permits issued to the Family Fun Centre Inc. have stated that vending is not permitted inside any area covered by Special Event Market Permits. Representatives of the Celebration of Light festival have indicated that the festival is dependent upon vending revenues for the success of their event, and are unwilling to reduce the area covered by their Special Event Market Permit, or to give the Family Fun Centre Inc. a vending permit at a nominal cost.

Unfortunately, a solution which is satisfactory to all stakeholders has not been achieved. The solution recommended by staff in this report is to reinstate the Mobile Special Event Vending Permit, but to implement new guidelines (see Appendix I). These guidelines will deal with the problems which have been experienced as follows:

- The guidelines make it clear that a holder of a Mobile Special Event Permit is not permitted to vend within the boundaries of a Special Event Market Permit. This will resolve the disputes about Council's policy described above.

- Permits will no longer be issued in the name of a corporation, and the photocopying of permits will not be permitted. These changes will implement practice which is standard for all other City street vending permits, and will improve staff's ability to take enforcement action, including suspension of permits, if permit holders do not adhere to the rules.

- The permit fee will be increased from $50 to $100. This will make the permit fee for the Mobile Special Event Vending Permit consistent with the fee for the vending permit which is issued to non-motorized mobile ice cream vendors (a similar activity). Because permits will be issued only to individuals in the future, we expect to issue approximately ten permits per year rather than just one, so that annual revenues will be approximately $1,000. This amount should be sufficient to cover the costs of the permit program.

Although this solution does not achieve all of the requests of the Family Fun Centre Inc., it will permit the company to continue to do business by selling balloons and novelties on City-owned sidewalks in areas immediately outside areas which are covered by Special Event Market Permits. It will also allow other parties the opportunity to conduct business in the same manner that currently only one company is permitted. Staff expect that the greater clarity offered by the proposed guidelines will result in many fewer problems being experienced in the future.

If Council does not approve the reinstatement of Mobile Special Event Vending Permit, then the Family Fun Centre Inc. would not be able to sell its wares during special events on City streets (where a Special Event Market Permit) unless it obtained a vending permit from the event organizers, or obtained a series of One-Day Special Event Vending Permits.

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APPENDIX A

MOBILE SPECIAL EVENT VENDING PERMIT GUIDELINES

1) The permit is only to be issued in the name of an individual.
2) The permit is to be non-transferable
3) The permittee must be able to produce the original permit when requested by a City Inspector. No photocopies will be permitted.
4) The permit is only valid outside of the designated boundaries of the Special Event Market Permit.
5) The vendor must carry all merchandise being offered for sale. No tables, extra furniture or push carts are to be used.
6) The vendor is permitted to stop only while engaged in making a sale. When all customers are served the vendor must move to a new location.
7) Each vendor must carry public liability insurance which is satisfactory to the Director of Risk Management.
8) The permit must be surrendered upon request by any City Inspector or member of the Police Department.
9) The City Engineer, or authorized designate, if of the opinion that the circumstances warrant it, may suspend a permit for up to 28 days.

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(c) 1998 City of Vancouver