City Approves Ordinance Regulating Sidewalk Sales
01.10.2006, 10:22
Merchants who routinely hold sidewalk sales in front of their businesses now have a guide to follow from the city as officials approved last week a new sidewalk sales ordinance.
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The Forest Board of Aldermen approved the ordinance, discussed at-length during the summer, on a 4-1 vote with Alderman Cynthia Slaughter Melton voting no. Ordinances usually become effective 30 days after passage.
The ordinance will affect "sales of merchandise, wares and chattels within the city limits." The restrictions include:
All businesses (conducting sidewalk sales) shall have a valid business permit or license issued by the city of Forest.
The vendor shall remain in compliance with the federal Americans with Disabilities Act and other similar government restrictions. Sidewalks shall remain free and unobstructed at all times and not create a fire or police obstacle or hazard.
The vendor assumes any and all liability for any acts of negligence caused by having its goods and wares displayed on a public sidewalk.
The goods, wares and chattels must be the type that is sold in the regular course of that business and the display should be limited to space immediately adjacent to the business owner's address.
The display must be of type that can be removed from the sidewalk each day.
Absolutely no alcohol sales will be permitted in sidewalk sales.
Penalties for violating the ordinance will include that the vendor will receive notice to stop immediately on first offense. For a second notice to stop violation within one hour and the vendor would be fined $100 and/or 10 days in jail. A third notice would include the vendor being fined $1,000 and/or six months in jail.
As she was leaving the meeting, Alderman Melton said she voted against the ordinance because she felt that children should be able to sell things in front of their parents' businesses, such has having a lemonade stand. An incident involving the city asking that a stand be removed during the summer was in part fuel for the debate to draft an ordinance.
Business owners wanting to continue their practice of having sidewalk sales responded favorably to the city's decision to craft an ordinance allowing the practice.
Mayor Chambers said the issue was first raised when a merchant was told they could not put a monument on the sidewalk as part of a type of sidewalk sale. Earlier this summer, the issue came to a forefront when other businesses in the downtown area were told to remove their sales amid the city's concerns for liability.
Chambers reiterated her support for sidewalk sales.
"If we have sidewalk sales, we just need a little regulation," Chambers said.
Tom and Margaret Burns and Jan Crowell, business owners who previously appeared before the board to question why they were told to remove sidewalk sales displays, said they were pleased with the decision to craft the ordinance.
"We're very happy. It was exactly what we wanted," said Margaret Burns. Her husband, Tom, said the discussion means the city will apparently keep the practice intact as it has been for years.
"I really appreciated the board's discussion on the matter," Tom Burns said.
Businesses contacted by The Scott County Times voiced support for allowing sidewalk sales while two owners reserved comment until later.