Admin Order 53-93-37-F - Laserfiche WebLink

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applicable for mall vending, the rule has been amended to create such a buffer zone. This will eliminate the potential situation of a vendor being denied a mall permit and granted a sidewalk vending license to operate across the street from the mall. Comment 3: Enabling a police officer to take a person into custody for a willful violation would allow the officer to impose a greater sanction than a judge. Findine: The rule has been amended to delete the reference to peace officers taking persons into custody for willful violations of the rule. That provision, which is based on Chapter 4 of the Eugene Code, 1971 with respect to enforcement authority for activities within the downtown mall is not applicable to these regulations. Enforcement of sidewalk vending regulations will be conducted as for other business license activities, and, as relevant, can include imposition of administrative civil penalties, and denial, suspension and revocation of licenses. Comment 4: The requirement of maintaining and allowing inspection of accounting books does not seem to have any rational basis. The City does not require other businesses to produce their books for inspection. Finding: Addressing the last part of this comment first, Section 3.015(t) of the Eugene Code, 1971 authorizes the City Manager to include in administrative rules provisions that relate to the form and content of records required to be maintained by licensees, including financial information relevant to revenues and expenses. The City annually requests financial information from licensed solid waste and recycling collection companies in order to assess license fees based on a percentage of gross revenues. The City also requires submission of detailed financial questionnaires, tax returns and financial statements from haulers for use in setting collection rates. Financial information is requested from other types of licensees as needed as part of the investigation and enforcement of license requirements. Although sidewalk vending fees are currently based on a flat fee, that process may be changed in the future to be more consistent with the fees charged for similar activities within the mall, which is based on a percentage of revenues, with vendors required to "self-report" income to the City. Requiring annual submission of this information does not seem necessary, and the rule has been revised to require licensees to maintain appropriate records and make the same available to the City upon request if necessary in order to compute or confirm license fees. Comment 5: The block face limitation for peddling vendors is too expensive and too restrictive. Findine: The City Council specifically directed that the sidewalk vending program regulate health, safety and competition. The rule provides that vendors are Public Vending Administrative Rule R-3.336 - 2