1/16/2009
News Journal Editorial: Councilman Weiner's Rules Governing Temporary Sales For Non-profits and For Profits Make Sense

New Castle County Council adopts rules governing temporary sales

Associated Press • January 14, 2009

WILMINGTON – The New Castle County Council has voted to modify rules governing temporary sales.

County Councilman Bob Weiner says the law targets "fly by night" businesses that set up shop inside a truck or on a street corner. The businesses will be required to pay a permit fee or face hefty fines.
The measure also applies to outdoor events, including auctions, bake sales, concerts and carnivals. Weiner says, however, the permit fee would be waived for charitable organizations that hold sales and events to raise funds. The organizations would still be required to register with the county.

Our View, News Journal Editorial Board
Friday, January 16, 2009
New regulations for temporary NCCo businesses make sense
January 16, 2009

Everyone has seen them. Flowers at Easter, trees and decorations at Christmas. Whether it's Mothers Day or July 4, someone sets up a temporary business along the road to sell something, usually for only a few days. 

New Castle County Council has had an ordinance on the books that regulated the so-called temporary businesses but the regulation was considered a burden on non-profit and charitable organizations. The old law allowed the for-profit temporary businesses to operate in the same location for up to 30 days. But non-profits and charitables only had 14 days to raise their money.

A new ordinance now allows 30 days for both for-profits and non-profits. A provision in the new bill that would have required for-profits to obtain a $15,000 surety bond was taken out because it was considered too cumbersome to enforce, according to prime sponsor Councilman Robert Weiner, R-Chatham.

The legislation is not going to bring any significant revenue to the county nor are there harsh penalties for violations. But Councilman Weiner and Councilman John Cartier, D-Penny Hill, the co-sponsor, did New Castle County a favor with this legislation. It eases the pressure on non-profits by not requiring them to acquire temporary permits.

It will force temporary for-profit business, many of which compete with existing businesses and charitable groups, to register with the county before opening their shops.

Mr. Weiner hopes the new law will give customers a better sense of who they are doing business with. Those who fail to register face up to $100 per day while the non-profits need only fill out a form.

In these days of tight budgets and shrinking revenues, it's refreshing to see a basic housekeeping measure that makes sense.

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