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City Council set to vote on vendor restrictions

In response to retailer and customer concerns over the changing nature of Charlottesville's Downtown Mall, the City Council will vote on an ordinance next week that could add new restrictions to Mall vendors.

The proposed changes, which include physical restrictions on vendors' stands, a new permit application fee and a requirement that vendors pay rent, passed a first reading at the Council's Nov. 17 meeting and will be voted on during the Dec. 1 meeting.

A board composed of Mall vendors, Mall merchants and members of the City Board of Architectural Review recommended the changes after several retailers expressed concerns about the atmosphere vendors were contributing to and the competitive advantages they held over merchants.

"There were a number of people who spoke to a desire not to have the mall look like a bazaar," City Council member Kevin Lynch said.

Accordingly, the changes include several physical restrictions on vending stands. For example, vendors would be required to display all merchandise on tables and could not use clothes racks, could only use black table skirts and umbrellas and would have to ensure that stands had at least one employee on duty at all times.

Many retailers also expressed concern regarding vendors' competitive advantages over them, Director of Neighborhood Development Services Jim Tolbert said.

"There was concern over the fact that the vendors were not paying rent for their space, while the merchants were paying rent and property taxes and utilities," Tolbert said.

Addressing this issue, the proposal would require vendors to pay a $400 permit fee. The City would also require a rent of $2 per square foot of space taken up by the vending stand.

Finally, measures requiring vendors to immediately move their stands in case of an emergency and requiring vendor stands to be located at least 15 feet away from storefronts were proposed for consideration to alleviate concerns over public safety, Lynch said.

"There is a specific part of the mall you have to keep open to get a fire truck down, but that's often obstructed," Lynch said.

Several vendors, however, objected to the fee and rent requirements. Tolbert acknowledged these concerns but reiterated that the committee recommending the changes included several vendors.

"There have been some concerns about a couple of things," Tolbert said. Some vendors "weren't supportive of everything."

Lynch emphasized that the regulations were not punitive and that the City viewed vendors as an asset to the Downtown Mall.

"We have a number of vendors who observe all the regulations and are good citizens," Lynch said. "These regulations are trying to lay down the parameters of what appropriate vending would look like."

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