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06/24/2009: "Council Moves Forward On Limited “Peddling” Ordinance"

Acting on a large number of business and citizen complaints, the County Council approved moving forward on an ordinance on Monday that will establish a “use permit” requirement for use of public property for vendors.

The ordinance is ostensibly intended to set up an orderly process to control so-called peddlers making sidewalk sales and vendors selling goods out of trucks and on the sidewalk.

While the ordinance does require a permit process, and while it is a county ordinance, it only applies to Eastsound on Orcas; and based on the reasons for it coming forward for discussion and approval, one may be excused for referring to it as the Gary Franco ordinance.



Farmer Franco of Lopez (file photo above) has been selling produce in Eastsound for years, but without benefit of a commercial space or store, and this has upset a number of people for a number of reasons, and for a number of years.

The Sheriff has received repeated complaints about using public property by “peddlers” (aka: Franco) to sell retail goods, and County Prosecutor Randy Gaylord was asked by the County Council to draft an ordinance that would apply only to Eastsound to address concerns “where people are occupying public property for purposes of conducting business without obtaining any kind of permission.”

The ordinance requires a Use License for the use of public property, and includes specific exceptions for non-profits and -in accord with state law- those who grow and sell their own produce, and does not apply to the Farmer’s Market; door to door sales; non-profits, or at any event authorized by the County.

To obtain a permit the applicant must obtain, among others things, the “consent of all adjoining property owners” and pay a fee of $25.00 a day.

As for violating the requirements, each violation “shall be punished by a fine of not more than $250.00. Each day upon which a violation occurs shall constitute a separate offense.”