November 30, 1999

TO: The County Board of Arlington, Virginia

FROM: William T. Donahue, County Manager

RECOMMENDATION: Adopt the attached proposed amendments to Chapter 30

of the Arlington County Code relating to vendor permits

and operation.

ISSUES: Should the proposed amendment to Chapter 30, (PEDDLER, VENDORS,

AND CANVASSERS), relating to vendor permits and operation, be

BACKGROUND: The above three issues have been a growing concern surrounding peddlers, vendors, and canvassers.

First, many vendors neglect to renew their vendor permits upon expiration.

To do business in the County, the vendor is required to have both a valid permit and a business license. Currently, vendor permits expire one year from the date of issuance, while business licenses expire in December. Under the proposed change, both vendor permits and business licenses would expire in December and thus would be obtained or renewed at the same time, with just one trip to the Treasurer’s office.

Secondly, during the warmer months, the police department receives complaints of vendors, especially vendors in vehicles (e.g., food and ice cream trucks), soliciting as late as 10:00 p.m. These trucks canvass the neighborhoods, often ringing bells and playing music as they go. Prohibiting this practice between the hours of 8:00 p.m. and 7:00 a.m.

STAFF: Edward A. Flynn, Chief of Police

Reviewed by County Attorney:

would reduce the potential for pedestrian accidents and help eliminate this source of after-hour noise, thus enhancing the quality of life in the affected neighborhoods.

Thirdly, street vendors frequently secure their carts or tables to a location for 24 hours and longer. By doing so, the vendors effectively create for themselves an exclusive right to the spot. Though the Arlington County Code 30-8 states that no peddler, vendor or canvasser shall have any exclusive rights to any location on public property, it does not explicitly prohibit leaving or securing their equipment at particular locations. Prohibiting tables or carts being left on public streets and public sidewalks overnight would allow equal access for all vendors to any and all locations, as well as making it easier for the Police Department to enforce the intent of the current ordinance. In addition, the Police Department believes that this ordinance amendment would decrease the vendor’s chances of becoming a victim to burglary, vandalism, and theft. It would also reduce potential hazards for pedestrians during dark hours.

Based on a request from the County Board at its’ November 13 meeting, staff sent a letter to vendors registered with the Treasurers Office (Attachment A).

FISCAL IMPACT: None

AN ORDINANCE TO AMEND, REENACT AND RECODIFY CHAPTER 30 OF THE ARLINGTON COUNTY CODE AS IT RELATES TO VENDOR PERMITS AND OPERATION

BE IT ORDAINED that Chapter 30-3, 30-6, 30-8 and 30-9 of the Arlington County Code are amended, reenacted, and recodified as follows:

* * *

(13) All permits issued after January 1, 2000 shall expire on December 31 of the year of issuance.

* * *

30-6. Renewal.

Permits issued under the provisions of this chapter shall be valid for the period requested, which shall in no event exceed one (1) year. from the date of their issuance, Effective January 1, 2000 all permits which have been renewed shall expire on December 31 of year of renewal, unless sooner revoked or suspended as provided. The holder of any permit may seek renewal thereof upon the filing of a written renewal application. The renewal application shall reflect any information changed from the previous year's application and it shall be approved upon verification by the county manager that the applicant for renewal has complied with the laws of Arlington and the commonwealth.

* * *

(K) Leave any cart or table unattended on any public street or sidewalk between the

* * *

(E) Sales are made between the hours of 7:00 a.m. and 8:00 p.m.

* * *