HomeMy WebLinkAboutAdmin Order 53-93-36-F
ADMINISTRATIVE ORDER NO. 53-93-36F
of the
City Manager of the City of Eugene
AMENDING FEES FOR SIDEWALK COMMERCE
AND REPEALING PRIOR ORDERS
The City Manager of the City of Eugene finds as follows:
A. Section 2.020 of the Eugene, Code, 1971 authorizes the City Manager to
determine and set fees and charges to be i~posed by the City for services, goods, use of
municipal property, and licenses and permits.
B. In accordance with the procedures set forth therein, on December 23, 1993
I notified the Mayor and City Council and currently licensed sidewalk vendors that I
intended to amend some of the fees previously established for the City's sidewalk vending
application and license programs. The Notice was also posted at two locations at City Hall
on December 25, 1993, and made available for inspection by interested persons at the offices
of the City's Planning & Development Department, Building & Permit Services Division, 244
East Broadway, Eugene, Oregon 97401. The Notice provided that written comments would
be received thereon for a period of 15 days from the first date of posting.
C. The following written comments were received, to which I make the following
specific findings:
Comments: Three persons suggested that fees, particularly those for peddlers,
should be reduced or eliminated. A fourth person suggested that fees be increased
to an amount sufficient to make it prohibitive for peddlers. Another individual felt
that the proposed fees might be too low, and that the City should set them in an
amount that would recover all costs. One respondent felt a particular rule provision
would be too expensive for compliance by peddlers, and another respondent felt the
rule permitted unfair competition vis a vis building merchants, and that the vendors
pay "nearly nothing" to operate.
Findin2s: In 1985 the City Council approved an ordinance allowing sidewalk
vending and established fees in connection with the licensing program. Requirements
for the program were modified by Council Ordinance in 1993. The Council has
expressed to City staff that vending from carts and by peddlers on an on-going and
short-term basis should be allowed. The Council has also directed that regulations
be developed that address health, safety and competition, and that fees be established
in a manner and amount sufficient to recover the costs of administering the program
from the beneficiaries of thosed services.
In response to the comments received, staff analyzed the process required to
review vending applications and issue licenses and recommended revisions to the
proposed fees. The fee schedule as recommended by staff differentiates between
Administrative Order - 1
vendors of food and beverages and those vending other goods or services, and further
provides for a renewal fee that is lower than the initial application fee. These
proposals more accurately reflect the City's costs associated with the sidewalk vending
licensing program and should be implemented.
D. I find that the fees set forth in Exhibit A hereto are consistent with applicable
policies and directives of the City Council, including policies developed through the Eugene
Decisions process, and are necessary in order to comply with the Council's goal of recovering
the cost of administering the sidewalk commerce licensing program from the beneficiaries
of those services.
On the basis of these findings, I order that:
1. The fees set forth in the Sidewalk Commerce Fee Schedule attached as Exhibit
A hereto are hereby established as the fees to be charged for the services set forth therein.
2. Any administrative orders or rules establishing fees in conflict herewith are
hereby repealed as of the effective date of this order.
Dated and etT~tive this .J!} day of March, 1994.
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Administrative Order - 2
SIDEWALK COMMERCE FEE SCHEDULE
Effective March J.!L, 1994
Application Fees:
Stationary vending cart:
Cart selling food/beverage .............................
Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cart selling other goods/services ........................
Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Peddling:
Peddling, food/beverage ............... . . . . . . . . . . . . .
Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Peddling, other goods/services ..........................
Renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special Event - Fee based on whether a cart or peddler.
License Fees:
Stationary vending cart (must be paid in advance,
on a quarterly basis) ..................
$195.00
$ 90.00
$135.00
25.00
$ 70.00
$ 50.00
$ 45.00
$ 25.00
$ 3.00 sq ft/mo
Peddler (Must be paid in advance, on a quarterly
basis, with a $12/month minimum fee. The license
fee for the first quarter may be paid three months
after license issuance providing a $10 service fee
is paid prior to issuance of the license.) .................. $ 3.00 sq ft/mo
Special event vendors (must be paid in advance before
license issuance for each day of intended operation.
There is no refund of the license fee) .................... $ 1.00 sq ft/day
Application and license fees are not refundable.
Other Fees:
Duplicate of previously issued
license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 25.00
Review of additional products ........................... $ 25.00 ea time
Review of cart replacement or modifications. . . . . . . . . . . . .. $ 75.00
Exhibit A