WHITEFISH – Fans of pizza slices and munchies after a night on the town will be pleased to hear that mobile food vendors are once again allowed to set up in Whitefish, beginning in late October.
At a Sept. 7 public meeting, Mayor Mike Jenson broke a 3-3 tie on the Whitefish City Council to approve a revised temporary vendor ordinance, welcoming food stands back to the streets after a moratorium had prohibited them throughout town.
Councilors Ryan Friel, Chris Hyatt and John Muhlfeld voted in favor, while Turner Askew, Phil Mitchell and Bill Kahle dissented.
The six-month moratorium, established on April 5, runs out on Oct. 5, but the planning and building department will ask for an extension to allow for a full 30 days after the revised ordinance’s second reading on Sept. 20. When the 30 days are up, the new rules will take effect.
“We’ll give vendors one more try,” Jenson said as he cast his tie-breaking vote.
The revised ordinance stemmed from a collaborative effort between the planning and building department and two city council representatives, Muhlfeld and Hyatt. The planning board unanimously recommended approval at its Aug. 16 meeting.
One change to the ordinance allows city staff to ask for a 30-day trial period before granting a regular 90-day permit. Also, permit renewals will be limited. Another revision allows vendors to remain on a property until 3 a.m.
Council also made three more amendments at the public hearing. Staff was directed to clarify that the six-hour limit for vendor operation means six consecutive hours, so vendors can’t open up at intervals throughout the day, such as during breakfast, lunch and dinner.
Also, staff was asked to check up on motorized stands to make sure they conform to acceptable city standards. Thirdly, council decided to allow a maximum of five vendors in any one of the three business districts – WB-1, WB-2 and WB-3 – and a maximum of 10 in all three districts combined.
Council also discussed the possibility of leasing public property to vendors at some point in the future. Planning and Building Director Dave Taylor said it could potentially be a good revenue source for the city. Since the original ordinance was adopted, vendors have only been able to set up on private property with permission from the owner.
Richard Kramer, the most vehement critic of the vendor ordinance, expressed disappointment in the council’s decision but said he has likely finished his involvement with the vendor issue, as he is selling the Red Caboose Diner and Casey’s Bar on Central Avenue.
Kramer said that the Red Caboose was scheduled to shut down on Sept. 12, while Casey’s – being sold to a partnership involving Sean Averill – would continue running but would change hands by around the end of the month.
Kramer had argued that vendors hurt business at the Red Caboose, known for its late-night dining. He said vendors will hurt other downtown restaurants as well.
“I want to see the brick-and-mortar businesses downtown have every opportunity to succeed,” Kramer said.
The dissenting councilors also raised concerns over how vendors impact “brick-and-mortar” restaurants. Councilor Mitchell questioned whether it’s fair to exclude merchandise vendors from the ordinance.
Hyatt reminded that the law doesn’t only apply to downtown, and the other business districts’ best interests must be considered as well. Vendors setting up at lunch at the Mountain Mall or another business are governed by the ordinance.
“It’s not just about putting someone on a street corner downtown,” Hyatt said. “It’s about our whole system moving forward.”
Askew made the first motion, asking that the council prohibit food vendors except at special events such as the Whitefish Farmers Market. The council voted 3-3 on Askew’s motion, with Jenson casting a tie-breaking vote to kill it, setting the stage for the subsequent approval of the revised ordinance.
“I just don’t understand what this does for the city,” Askew said. “This has unintended consequences all over it.”
In September of 2009, the city council approved a temporary vendor ordinance to address increased interest from people hoping to set up food stands and to improve the city’s vague regulations at the time.
But controversy arose when Kramer voiced complaints to city officials through a series of e-mails and meeting appearances. At that point, Second Street Pizza had been operating a popular stand across the street from the Great Northern Bar and Grill, while another vendor was starting up at 100 Central Avenue.
At the recent council meeting, Mayor Jenson asked Assistant Police Chief Mike Ferda if the late-night vendors strain his department. Ferda said no, adding that, in fact, vendors occasionally come in handy for his department, as they call about problems occurring around bar closing time and can serve as witnesses if necessary.
“They’re not a problem to us,” Ferda said.
Muhlfeld said that vendors provide a quick bite to eat instead of a sit-down atmosphere, which is often preferable for people. And Friel said food stands are an aspect of capitalism.
“For me,” Friel said, “it’s more of a matter of a free-market economy and the promotion of free enterprise.”