Whitefish tackles vendor issue again on Thursday

Should the city of Whitefish revise its regulations for mobile food vendors or simply repeal the vendor ordinance altogether?

It’s a decision the Whitefish Planning Board will chew on following a public hearing on Thursday.

The city has wrestled with how to regulate temporary food vendors for more than a year. After a round of revisions last September to fix vague standards with the zoning regulations, the city wound up putting a moratorium on temporary vendors in March this year.

The council then directed city staff to find a way to fix inconsistencies in the regulations.

Previously, vendors operating outside of planned community events were allowed a six-month permit. The law was aimed at addressing espresso stands, according to Planning Director David Taylor, but inconsistencies opened the door for vendors of all types to operate with a 60-day permit that had no limitation on renewals.

The vendor issue came to a head when Red Caboose Diner owner Richard Kramer vocally opposed a pizza stand and two hot-dog vendors near his restaurant because they were cutting into his business.

After passing a moratorium on temporary vendors, the City Council appointed council members Chris Hyatt and John Muhlfeld to work with the Planning Office staff on revisions.

There are two alternatives, Taylor said in his report to the board.

“The first alternative is to fix the existing ordinance to make it better,” he said.

The second option is to completely repeal the vendor ordinance.

Taylor is recommending the board issue a recommendation to improve and amend the existing ordinance.

The proposed revised ordinance would give the zoning administrator (Taylor serves in that capacity) authority to grant a trial 30-day permit for operations. Property owners within 150 feet of the pending trial permit would be notified, and if the applicant complies with all standards, after 30 days the zoning administrator could renew the trial permit into a fully approved vendor permit by allowing it to remain in effect for an additional 90 days.

One additional 90-day permit renewal could be approved within a calendar year, but in no case would a vendor be allowed to operate more than seven months in a given year.

If there’s a valid complaint during the trial period or any point thereafter that the vendor is not complying with standards, the zoning administrator could at his own discretion or at the direction of the City Council deny any renewals. The vendor could appeal the decision in writing to the council.

The city would continue to reserve the right to limit downtown vending permit sites to five or fewer, but if there are more than five, the permits would be granted on a lottery system.

Taylor said the city also could put in language making it a requirement that no vendor could sell a specific item that a nearby restaurant has on its menu. That option creates enforcement problems, though, and brick-and-mortar restaurants could add menu items to trump vendors, he said.

Another idea for the board to consider is allowing the city to lease space for vendors.

“This is something done in other cities successfully to generate revenue,” Taylor said. “Some cities give out the leases on a bid system.”

The board meets at 6 p.m. Thursday at the Whitefish City Council chambers at City Hall.