regulating street commerce

Submitted by Alfonso Morales on Wed, 07/29/2009 - 9:17pm.

Recently a student of mine forwarded me this email request for help:

Greetings--

I'm looking for folk who work in communities that regulate street
vendors and peddlers.

You fit the bill, you say?

Great. So, tell me how you handle requests by peddlers/vendors who want,
say, to run a shaved ice cart in front of a boutique--with the boutique
owner's support, of course--for a month.

Do you allow it?

And, if you do allow this sort of thing, is there ever a point (hours per
week/weeks per year) where you conclude the peddler/vendor is doing things
that warrant a look at the approvals pertaining to the site (e.g., site
plan approval)?

What defines that point?

Thanks for any input. And if you can, please provide a copy of your
response to X A CITY PLANNER IN THE NORTHEAST.

I responded and asked her to send the following (I HOPE IT HELPS FOLKS!):

One of our faculty, Alfonso Morales, is something of an expert on street commerce. He suggests that you have a look at this article from Zoning Practice. He knows that in many places temporary uses are acceptable. But he also asks these questions: is a seasonal permit appropriate? Should you avoid asking these questions all together? He suggests you establish a relationship with the merchant, tell them the city has an interest in what they're doing, both for the permits and regulations, and thankful for the eyes on the street, the entrepreneurship, and the activity they bring. The point he would take this seriously is when you know enough about the merchant(s) to locate their activity in the appropriate place in city organization, with respect to the appropriate offices. He suggests that the upfront relationship time will save time later in designing a regulatory approach. He says to remember that the money these folks make will make a big difference to a vendor and family. So, instead of looking for hard and fast rules he suggests you permit things to happen, and then regulate minimally, with an eye to self-regulation and informal agreements. If you need to charge fees, then let licensing fees substitute for other more time consuming or costly practices. He can consult if needed.

AND YOU FOLKS CAN FIND THAT ZONING PRACTICE ARTICLE HERE ON THE WEBPAGE!

Submitted by Alfonso Morales on Wed, 07/29/2009 - 9:17pm.