Vending Rules Overhaul Advances

Leamond Suggs has been vending oils and natural soaps downtown for 15 years under a distinctive red awning. Because of a city regulation, he makes sure to keep his stand on wheels.

“I read the regulations,” he said.

A plan to overhaul the city’s ordinance governing vending in the city could mean that Suggs has a lot more rules to read in the future.

The City Plan Commission has unanimously approved an advisory report that recommends approving a comprehensive revamp of current guidelines for vending in the city. The report now heads to the Board of Alders for final review and approval.

Much of the focus of the city’s economic development department’s attempt to revise city ordinances on mobile vendors has been on the influx of food trucks and food carts. Many are fighting for space in specific areas such as Long Wharf, Cedar Street near Yale-New Haven Hospital, and near Yale University’s Ingalls Rink.

Specifically, the proposed ordinance establishes ​“special vending districts” in these areas and creates a fee structure for food truck and cart operators who want to vend in these areas. (Read a story from the New Haven Register’s Esteban L Hernandez about the latest impact for those vendors.)

There also appear to be several significant changes embedded in the revised ordinances that could impact small non-food vendors around the city. Vendors like Suggs.

The proposed ordinance would require vendors to have proof of insurance, but the language doesn’t limit that insurance to food trucks and carts. Licensed vendors also could have their license suspended, canceled or revoked if they are found to have verbally, physically, and/or sexually harassed someone.

If the proposed ordinance should pass, vendors operating outside the special vending districts would have to ​“be at least one hundred (100) feet from any other Vending Conveyance, and no more than two locations are allowed on each side of a given block.” In addition to those provisions, ​“No Licensed Vendor selling general merchandise items, including but not limited to clothing jewelry, cosmetics, phone accessories, purses, wallets and sunglasses, shall stop, stand, park, place or allow his or her Conveyance to be closer than one hundred (100) feet of businesses selling general merchandise items.” The revamped ordinance also reiterates that vendors who use tables should have them on four wheels.

Suggs, who used to have a kiosk in the old Chapel Street mall, always knew of the provision regarding wheels. He said before he had a custom made cart with wheels built, he used to use a triangular style dolly to meet the requirement. Other vendors added casters to the legs of their tables to meet the requirement, he said. But the reality is that some vendors don’t adhere to the rule because they either didn’t pay attention to it in the regulations, or they chose to ignore it because it’s not well enforced.

Downtown, the enforcement is much more regular than on, say, Whalley Avenue, the other popular areas for sidewalk vending, depending on how watchful the police supervisor is there. It tends to be uneven enough that people get away with violating the rules Suggs said.

Suggs said he had heard and read about all the changes that were going to impact the food trucks and carts, but had hoped any changes wouldn’t impact him without his input.

“I certainly wasn’t invited to any [recent] meeting at City Hall,” he said. He did recall being invited about two years ago, but he said that meeting seemed to be an effort by some brick and mortar business owners on Chapel Street, between Church and Orange streets, to push out little vendors like him. Suggs said he wasn’t ever invited back for more meetings.

Steve Fontana, the city’s deputy economic development director, said the overhaul of the vending ordinances has been in the works for about two years. While it included feedback from many brick and mortar businesses, it was created with the input of many of the city’s vendors too, he said. The attempt at an overhaul was mostly driven by the increased demand for food vending in specific areas throughout the city.

“We’re very proud of our reputation as a food truck paradise,” he told City Plan commissioners this past Wednesday night. ​“In fact, Google maps refers to the area on Long Wharf Drive as a food truck paradise. So, we’ve drawn the attention of people worldwide. With all the interest in mobile food vending in the city there also has come an increased number of complaints from various sources.”

Fontana said that the current ordinance dates back about 15 years, a time before the vending scene was as diverse as it is today. He said the city worked with not only permanent businesses but institutional partners like Yale University to come up with regulations that clarify existing rules for health and safety, and increase oversight.

City Plan staff gave the proposed ordinance amendments a ringing endorsement, writing in its report that they were ​“reasonable, equitable and represent changes that are in essential harmony with the Comprehensive Plan of Development and the city of New Haven Zoning Ordinance and should be approved.”

Commissioner Adam Marchand, who also is a Westville alder, asked whether the new vending requirements creating special vending districts either impact vendors on Whalley Avenue.

Vending can continue to be allowed on Whalley Avenue, Fontana said, but the revised ordinance could bring more scrutiny over the wheels requirement that already exists. He was not asked, however, and did not mention that some of the new requirements that the beefed up amendments will create new regulations for vendors citywide.

“I’m not saying there will be no vending allowed,” he said. ​“I’m saying the current system of vending permitting will remain city wide. Vending on the Southside of Whalley Avenue, eastbound, any sort vending has to be a movable form. Stands [that have] two or four table that have no wheels may not follow current ordinances and they certainly would not be in compliance with proposed ordinances as it relates to tables. The particular issue about allocation only impacts three or four specific areas tightly delineated by supply and demand.”

Marchand said he will reserve his judgement on the merits of the proposed amendments until they land in a Board of Alders committee.