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that as an alternative to prohibiting such, that they "pay their <br />fair share" of taxes etc. related to their usage. (The parallel <br />raised was one where in New York City such merchants have to be <br />on a waiting list for a limited number of licenses and that the <br />current rate is about $7,500/year.) Another alternative would be <br />to establish a "Flea Market" similar to that in Mound. Either <br />would require an ordinance amendment. <br />As noted in Attachments C there are instances where people, <br />because the vendor is along the road side have stopped in the <br />east bound lane. One telephone caller indicated he had kids run <br />across traffic, almost causing an accident, to purchase flowers <br />from the person in this location. This has created a dangerous <br />situation and possibly could result in pedestrians being struck. <br />At the beginning of May it was determine by staff that the Flower <br />Man had not submitted for a license he was sent a letter on May <br />7th which he received about raid-week indicating that he did not <br />have a license and could not sell. On Sunday, May 13th (Mother s <br />Day) he was selling and was approached by a police officer as to <br />possible licensing. He indicated that he did not have a license <br />and after warning Mr. Penke, the Officer left. Apparently Mr. <br />Penke continued to sell despite the fact that he did not have a <br />license and had been told that he could not sell without a <br />license. <br />Mr. Penke has subsequently submitted for a license, however, the <br />City staff has indicated that it can only be in a commercial zone <br />that has been deemed safe by the Chief of Police. As such it <br />would require that he has permission from the property owner on <br />whose property he will be located. In addition the property must <br />be so configured so all purchasers would be required to pull into <br />the parking lot in order to undertake the sales. The property <br />from which he has currently been selling is not conducive to that <br />and may in fact Generate safety problems not oni^ because of its <br />location, but because of the physical arrangements to allow <br />interested patrons in pulling off the street to conduct their <br />business. <br />If the owner of the property desires to undertake a rezoning they <br />could do so on their own volition but would also have to make <br />arrangements to provide for necessary ingress and egress of all <br />patrons for such sales even if they were granted rezoning. This <br />may not be possible with the property. It would be more <br />appropriate to consider rezoning in the context of a Master Plan. <br />These issues apply not only to "The Flower Man" but all other <br />transient merchants within the City. The City is exploring <br />potential transient seafood operation in the Navarre area <br />together with transient merchant utilizing the property at County <br />Road 6 and Highway 12. <br />Issue #2 <br />On May 25, 1990 Mr. Indritz, an attorney representing Penke <br />indicated Mr. Keaveny had granted permission to Mr. Penke to sell