Village updates transient merchant ordinance
by Marsha Chartrand
After months of discussion and many changes, the Manchester Village Council voted 4-2 on Tuesday night to adopt an updated ordinance governing the activities of transient merchants.
Read the full ordinance HERE.
The ordinance primarily, but not singularly, has been seen to apply to food trucks, which have increased in popularity in the past two or three years, particularly since the arrival of COVID-19 made the carry-out food market much more practical and convenient for families. In addition, it more specifically defines the changing business climate that has developed in response to the increasing availability and widespread acceptance of this new breed of business, while still protecting the brick-and-mortar taxpaying businesses in the community who support the village 365 days a year.
Most aspects of the prior ordinance, which was originally adopted in 1998, have remained very much the same, particularly the fee schedule.
Transient merchants — which are defined as a temporary merchant which is not a regular retail or wholesale merchant with a fixed and permanent retail place of business in the village — are required to obtain a license from the Village office. The initial license is $100 per year, and a daily permit costs $25 per day. This was determined to be a reasonable cost compared to other local communities by the Downtown Development Authority (DDA) who researched this. Hosting businesses are required to make sure that the vendor has obtained the appropriate permits.
What the update to the ordinance does change is clarify the types of businesses/vendors that are affected. Only vendors in direct competition with a downtown business, service, or retailer would be affected by the ordinance. Handmade items, farmers’ market vendors, and those who are part of a community event, are not affected. These distinctions were not spelled out in the original ordinance.
The DDA worked closely with the Village Council over the past several months to develop the new ordinance and will receive 50% of the annual revenue from the fees collected. Business owners who serve on the DDA were given ample voice in the development of the ordinance and also were provided multiple opportunities to speak to Council during ongoing discussions that have been taking place since early this year.
The ordinance in no way affects the ability of food trucks or other vendors to operate within the village, whether on public or private property. The purpose of the ordinance is to “level the playing field” so that all vendors as well as brick-and-mortar businesses, have an equal opportunity to promote their livelihood.
Watch for food trucks and other vendors around Manchester this fall and even with winter’s approach!
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