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

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prevented from locating within 100 feet of any business selling a substantially similar item or service, unless that business provides written permission to do so. Health, safety, and potential conflict issues cannot be determined without defining a vending area for a peddler. The rule has been revised, however, to clarify that one license may be received for an area including several block faces in which the vendor wishes to operate, and making clear that multiple licenses are not prohibited, provided the vendor receives the necessary consent from competing businesses or substantiates there is no competing business issue involved. Comment 6: The restriction on vendors locating too close to competing businesses creates a monopoly for those businesses, and puts a vendor at the mercy of nearby business owners. It was suggested those owners could change the merchandise they sell, thereby effectively exclu~ing the vendors. Findine: As indicated in the Finding to Comment 5 above, the City Council has directed that vendors be prevented from operating within a reasonable distance of competing businesses. It was the City's intent that the issue of locating too close to competing businesses be addressed at the time of initial application or upon transfer to another principal. The rule has been revised to clarify that intent. A vendor who has been approved for a specific location or area may renew the license annually, regardless of changes in merchandise and services sold by nearby businesses. If the vendor gives up the license, transfers it to another principal, or changes the merchandise or services sold, the review for competition would be necessary at that time. Comment 7: The definition of commerce includes newsracks. Findine: Although the City does not concur with this contention, a definition for "Transaction" has been added to eliminate any possible confusion or question of the applicability to newsracks. Based upon the above findings, which are hereby adopted, and pursuant to the authority contained in Sections 2.019 and 3.340 of the Eugene Code, 1971, I hereby order that: 1. Administrative Order Nos. 53-85-08 and 53-93-13, and any other administrative order adopting or amending sidewalk vending rules, are repealed, as of the effective date of this Order. 2. follows: Public Vending Administrative Rule R-3.336 is hereby adopted, to provide as Public Vending Administrative Rule R-3.336 - 3