06/10/1985 Meeting (2) - Laserfiche WebLink

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t,- servi ces or goods. 5. Transient Merchants: For purposes of City regulations, there are three basic types of merchants: those who operate in permanent structures and must abide by zoning and building laws; those who operate on the pub 1 i c ri ght-of-way; and those who do outdoor merchandi si ng on pri vate property. We propose regul at i ng those operating on the public right-of-way through the Sidewalk Vending Business License and the Street Vendor UBP laws. To address outdoor merchandising on private property. we recommend that the City Council direct the Planning Department to prepare amendments to the Commercial Zoning District standards in Chapter 9 of the Eugene Code. The amendment woul d address the outdoor merchandi s i n9 of products such as flowers on pri vate property. Di rect i on to the Planning Department can occur at your June 12 meeting, when you take action on the Sidewalk Vending Business License. e 6. Charitable Solicitation: This portion of the Business License laws has not been enforced since July 1984 because the City Attorney's Office advised us that several sections of this law violate free speech and due process. Enforcement of the existing laws could result in municipal and individual liability. There is proposed state legislation (HB 2217) that could affect how charitable solicitors operate in the state. We recommend waiting until the State legislature acts on this bill and then make a determination about how we should proceed. While we wait for State action. the staff continues to research how to best address charitable solicitations. e D. Delete Boards and Commissions During the past several years, you have made a concerted effort to not create new boards and commissions without careful consideration, and you have eliminated boards and commissions when their primary missions have been accomplished. We are recommendina the deletion of three boards because the focus of their activities have either changed over the years or will no longer be required due to revisions in the Eugene Code. The primary functions of the Public Solicitations Commission and the Advisory Committee on Gambling were to review business license applications for compliance with the Eugene Code. We are now recommending that the Charitable Solicitations Business License be deleted and that the Gambling be regulated through UBP laws. Changes to these licenses would negate the need for either body to perform a review of business license applications. In adopting the 1971 Eugene Code, the City Council repealed all laws affecting the Civil Service Commission and abolished its duties. Thus, the commission has not had membership or been operative since that time. E. Miscellaneous Revisions e The UBP laws will be in Chaoter 3 of the City Code. Currently, Chapter 3 is titled IIBusiness Licenses.1I We propose changing the title to "Business Regulations.1I There would then De five major divisions to Chapter 3: Business Licenses; Uniform Business Prac~ices; Downtown Development District Taxation; Transient Room Tax, and Eugene Performing Arts Center - Patron User Fee. This review is concerned only with Business License Regulations. -7-