Admin Order 56-19-01-F - Laserfiche WebLink

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Exhibit A 5.Comments expressing concerns with the affirmative defense set forth in proposed Rule R-4.872-B.3,including the burden of proof and enforcement discretion. Finding;R-4.872-B.3 has been deleted from the proposed Rule as a result of these comments. 6.Comments regarding the permitting requirements for sidewalk vendors within the PAZ and questioning whether the permit requirement is constitutional. Finding:The proposed Rule does not impose the permit requirement for individuals wishing to engage in commercial pursuits within the DAZ.Rather,EC 4.872(l)(c) prohibits anyone from "engaging in a commercial pursuit,except for personal solicitation and street entertainment"without an activity permit.In 2017,Administrative Rule R-3.336 (private commerce on public property)was amended,deleting the provision that activity permits will only be issued to people selling "items made,grown and/or gathered by the vendors or permittees,or items made in the licensed vendors'or permittees'presence and under their direct and personal supervision."It was this provision that a municipal court judge concluded impermissibly distinguished between expressive materials.That is,under the since-deleted administrative rule,a person wishing to sell a book written by someone else could not obtain an activity permit,yet someone wishing to sell a book they wrote themselves could obtain an activity permit.Since both sellers were prohibited from selling the books without a permit,yet only one seller could obtain the permit,a municipal court judge concluded that the since-deleted administrative rule made an impermissible distinction between expressive materials (i.e.,the book).Under the current City Code and Admin Rule R-3.336,all individuals wishing to engage in commercial activity in the DAZ must obtain a permit;such a requirement does not distinguish between types of expressive material and is constitutionally permissible. Vendors using tables to sell their items take up a larger portion of downtown's public pedestrian area.Limiting these larger-footprint vendors to a 4x4 table and to two locations within the DAZ (NE corner of Broadway and Willamette and the NW corner of 8th Ave and Willamette)is intended to balance the needs of the vendors with the need to maintain unimpeded pedestrian traffic in the downtown area,which is high pedestrian traffic area. If there is a need for additional locations within the DAZ for table-vending,that is something that the City can explore.That said,the proposed Rule does not impose new or change existing regulations on the size and location of vendors that possess downtown activity permits. No changes are being made to the proposed Rule as a result of these comments. 7.Comments regarding current use of the sidewalks bv businesses that intrude into the eight-foot path way. Finding;EC 4.870(1)states that:"The multiple uses of the public pedestrian areas in the downtown activity zone are to be accommodated by reserving different areas (1)as visual amenities designed for everyone's enjoyment,(2)for pedestrian uses,(3)for use by Exhibit A to Administrative Order 56-19-01-F-Page'3 of 4