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H2. Ordinance 1905 Vending and Special Event Permit Fees 2023CITY OF KALISPELL REPORT TO: Doug Russell, City Manager Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 FROM: Chad Fincher, Director of Parks & Recreation SUBJECT: Ordinance 1905 Vending Permit and Special Event Permit Fees and Defining Event Length for Special Events MEETING DATE: April 3, 2023 BACKGROUND: Attached for your consideration is Ordinance 1905, revising the Recreation and Parks Fee Schedule. Since the inception of Ordinance 1455 in 2003 establishing vending permits, annual permit vending fees have been $50 per year from the date of issuance. In July of 2014, ordinance 1741 passed and identified a $10 special event vending permit. When comparing the city of Kalispell's vending permit costs to other cities and factoring in staff time to process, document, and follow-up on vending permits, it appears reasonable to consider increasing these fees. We are also requesting a proposed clarification to further define the term special event. Currently special events could span multiple days/weeks/months and still fall into the $10 special event category as these events would be considered one event under the current ordinance. We are requesting a special event permit to be for only 3 consecutive days. During the March 20, 2023, council meeting the first reading of ordinance 1905 passed with a 7- 1 vote and one council member absent. RECOMMENDATION: Approve the second reading of ordinance 1905, an ordinance amending ordinance 1741, codified at KMC 15-12, vending in the public way, regarding vending fees and event length for special events, declaring an effective date and authorizing the City Attorney to codify the same. FISCAL EFFECTS: Increase in revenue through vending permits. ALTERNATIVES: As suggested and approved by City Council. ATTACHMENTS: Vending Permit Fees Comparison and History Ordinance 1905 Vending Permit Fees Comparison & History City of Kalispell License Type & Length of Time Annual (from date of issuance) Special Event (for length of event) City of Whitefish License Type & Length of Time Commercial and Non -Profit (30-day) Commercial (one-year permit) Non -Profit (one-year permit) Permit Renewal Appeal of Denial to Council City of Missoula License Type Itinerant Vendor: Annual Itinerant Vendor: Temporary Itinerant Vendor: Time Limit Expires May 31st, every year Good for 90 days after issuance Temporary Good for one week after issuance Background Check (required for ALL Itinerant Vendors) City of Great Falls License Type & Length of Time Vending fees are established by the Great Falls City Commission. Per Day Special event only Per Year City of Bozeman (Community Development) License Type & Length of Time Citywide Mobile Vending Business License (required for all) annual Separate Downtown Business Improvement District endorsement annual Fees $50 $10 $225 $375 $275 50% of original fee $150 Fees $133 $111 $89 $53 $55 $100 $750 $250 $250 Kalispell - Number of Permits 2019 2020 2021 2022 Annual ($50) 28 24 31 27 Special Event ($10) 1 10 22 23 Hockaday ($10 per crafter) 60 60 62 64 Revenue Special history Annual Year Annual $$ Events $$ 2019 $1,400 $610 2020 $1,200 $700 2021 $1,550 $840 2022 $1,350 $870 ORDINANCE NO. 1905 AN ORDINANCE AMENDING ORDINANCE 1741, CODIFIED AT KMC 15-121) VENDING IN THE PUBLIC WAY, REGARDING VENDING FEES AND EVENT LENGTH FOR SPECIAL EVENTS, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, pursuant to Kalispell Municipal Code 15-12 the City of Kalispell requires vendors to apply and pay for permits to vend in the public way; and WHEREAS, the current definition of "special event" states the event may not exceed three days, however, by failing to clarify that a special event shall not exceed three consecutive days, the current definition allows for special events to span weeks or months under one permit; and WHEREAS, the fees for permits are reviewed from time to time by the City Council so that the fees may be determined to be appropriate and fairly set; and WHEREAS, the Kalispell City Council therefore finds that it is in the best interest of the city and the participants in special events that the current fee schedule and consecutive length of each special event be amended to fairly reflect the expense in relation to the efforts of the city to accommodate the special event. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTIONI. The City of Kalispell Municipal Code is hereby amended asset forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 3RD DAY OF APRIL 2023. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor EXHIBIT "A" 15-12 Vendors on the Public Way. G. Special Events: Any vendor wishing to conduct business at a special event only shall apply to the City of Kalispell parks department for a temporary vending permit. Application for such a permit must be made at least three (3) business days prior to the beginning of the event for which the permit is sought. The permit shall be valid only for three (3) consecutive days. . Any vendor to whom a temporary permit is granted shall be subject to the same operating regulations as all other vendors, except where otherwise specified. H.Permit Fees: Any vendor granted a vending permit under this Section 15-12 shall pay an annual permit fee of one hundred fifty dollars ($100.00) ($A-OA). Vending fees for a special event shall be twenty-five tern dollars ($25.00) ($10-00) per event permit.