11/4/2008
Councilman Weiner's draft Ordinance will protect business & civic community from abusive practices by fly-by-night temporary salespersons

After a year of study and revisions resulting from thoughtful comments from both the civic leaders and the business community, I finally introduced proposed Ordinance 08-115 on 10/28/08. Councilman John Cartier is my co-sponsor. Tax paying businesses, which pay insurance and have fixed overhead, have long complained that for-profit temporary sales businesses, which set up temporary shop along our roadways, have heretofore had an unfair competitive advantage. Also the consumer is vulnerable to purchasing defective products with no recourse. The draft ordinance will be considered by the Planning Board and Land Use Department at a Public Hearing on Wednesday November 5 at 7 PM at the Gilliam Building.  Click here for directions. Afterwards, the ordinance will come before New Castle County Council for consideration and a vote, with recommendations from the County Planning Board and County Land Use Department. Overall, this Ordinance addresses several broader issues for specified limited uses, including:
 
1.  Promoting private fundraising by nonprofit/charitable organizations with a defined level of safety and general protection for the community at large.
 
2.  Capping the frequency of secondary (temporary) uses of non-residential parcels.
 
3.  Requiring all temporary users to obtain a permit from New Castle County.
 
4.  Providing some limited relief to those who may purchase defective products from for-profit secondary users of nonresidential properties.
 
You can review this Ordinance through the following online link:
 
http://www.co.new-castle.de.us/countycouncil/home/fileuploads/images/council%20agenda.pdf
 
Best wishes,

Bob Weiner, your County Councilman
“Making County Government Work for Us”
Robert S. Weiner
Council District 2, New Castle County, DE
www.bobweiner.com
Louis Hinkle, aide to Councilman Weiner 302-395-8362

Synopsis: This amendment expands the definition of public interest/special events to include flower/plant and holiday tree sales and sales of similar items. This amendment also expands the duration of time for public interest/special events from fourteen (14) to thirty (30) consecutive days. This amendment also reduces the authorized length of temporary miscellaneous sales to mirror the proposed change for public interest/special events at thirty (30) days. This amendment also requires applicants for temporary miscellaneous sales permits to post a consumer protection surety bond as a prerequisite to obtaining the permit and clarifies that a similar bond is not a requirement of the public interest/special events permit. This amendment also establishes a four (4) occurrence maximum that a parcel may be used for public interest/special events and/or temporary miscellaneous sales. This amendment also adds additional requirements dealing with the condition of the property during and following public interest/special events, and prohibits temporary sales display/sales areas and temporary structures from being located within a right-of-way, or from obstructing pedestrian and vehicular traffic. Lastly, this ordinance requires a limited use permit to be obtained for public interest/special events

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