02/12/1992 Meeting - Laserfiche WebLink

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e 4It e Several councilors questioned the City's involvement in regulation beyond preserving public health and safety and maintaining the public right-of-way. Responding to questions from Ms. Ehrman, Ms. Utecht said that the proposed fee schedule would be developed and established by administrative order after receiving guidance from the council. Mr. Green described the real issue as being how to address peddlers in the ordinance. Both Ms. Bascom and Mr. Robinette agreed that peddlers should be dealt with in the revised ordinance, and Mr. Robinette indicated that the proposed ordinance should regulate panhandlers as well. Responding to Mr. Robinettets concern, City Attorney Bill Gary said that panhandling can be regulated as commercial activity in the same way that the City regulates sidewalk vending. It does, however, raise first amendment issues and those drafting such an ordinance should be sensitive to those issues. Mr. Gary added that the council has broad powers with respect to health, safety, and public welfaret but regulating for the purpose of pro- tecting businesses from competition is prohibited under antitrust legisla- tion. He said the current ordinance has been successfully defended from a constitutional attack at the Circuit Court level because it is based on le- gitimate public welfare concerns raised by the council at the time it dis- cussed the ordinance. Howevert the City is currently arguing the question before the State Court of Appeals as to whether a municipality is authorized to limit the type of merchandise that can be sold. A decision is pending. Responding to Mr. Boles, Ms. Utecht said current licensed vendors could be given preference under administrative rules for the ordinance. Mr. Rutan expressed strong opposition to increasing the number of licenses per operating area. He felt peddling should be addressed and that restric- tions on items sold should consider the sale of similar items by surrounding businesses. Responding to a question from Mayor Gleason, Mr. Gary said nothing discussed or proposed today is beyond the City Council's power. Mr. Gleason said that assuming Mr. Gary is correct and clarity from the court is received and the ordinance is upheld, one simple solution is to allow staff to modify the section that deals with public health and safety issues and leave the ordinance as is. Mr. Nicholson said he could not support a policy that was not consistent with the recent Commercial Lands Study. Mr. Boles moved, seconded by Ms. Ehrman, that the street vend- ing ordinance address peddling. The motion passed; 6:1, Mr. Rutan opposed (Mr. Green briefly left the room and was absent for the vote). MINUTES--Eugene City Council lunch Work Session February 12, 1992 Page 5