05/22/1985 Meeting - Laserfiche WebLink

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" M E M 0 RAN DUM e May 22, 1985 TO: Eugene City Council FROM: Eugene Development Department SUBJECT: SIDEWALK VENDING OPTIONS Background At a Public Hearing on Sidewalk Vending held on April 22, 1985, you requested that we prepare a report on vari ous aspects of the proposed ordi nance and rules on sidewalk vending. Following is a summary of staff research on these issues. Grandfather Clause e The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic. The intersection at 13th and Kincaid supports a high volume of pedestrian, bicycle, and vehicular traffic, including LTD buses that pick up and discharge passengers twelve times an hour throughout the day. During the past year, we nave observed the intersection at peak traffic times. Given our observations, a grandfather clause permitting the current location of sidewalk vendors at 13th and Kincaid would not adequately address our concerns about congestion and public safety at that intersecton. The City assumes significant liability when it authorizes activities in the public right-of-way. The question of liability is serious and has caused some cities to require sidewalk vendors to be insured for public liability in the amount of one million dollars. Additionally, cities exercise discretionary judgment that places public safety considerations above grandfather issues. In no case where a city adopted a grandfather clause, did there exist a congestion situation comparable to that at 13th and Kincaid. Initial Allocation of Vendor Locations We have asked the attorney IS offi ce to determi ne whether our process for initially allocating vendor locations is restricted by any constitutionally protected property right of presently licensed vendors. The short answer is IInoll. Vendors have no property interest in doing business at any particular location. We may use a seniority or lottery system to assign the vending locations. We may also auction off the prime locations by issuing a separate license to use the City property for vending purposes. e If the City wishes to auction the prime vendor locations to the highest bidder, this could be accomplished by auctioning a revocable license or permit to the City property in accordance with the terms of the vendors license. A license to use land is a privilege and gives the holder no interest in the oroperty used.