City limits sales racks

A wide-ranging proposal to restrict sidewalk sales racks, booths, leafleting and newspaper racks on Main Street downtown made it through a City Council vote, but not without losing a controversial provision or two.

The proposal, brought up by the city planning commission and introduced by Mayor Gil Coerper, was in response to complaints of a “flea market atmosphere,” in which some stores are allowed to put out sales racks up to 49 days a year.

The issue was a perceived overuse of such displays, detracting from an upscale atmosphere, said Councilman Keith Bohr.

“Amidst all this class and the primo location, there’s racks, there’s handmade signs,” he said. “It looks shoddy for all those folks going down PCH.”

The council voted 6-0, with councilman Joe Carchio recusing himself because he has a downtown business, to have the Downtown Economic Development Committee discuss the issues and decide specific limits on the expiration date for permits and the number of days per year new permits for sidewalk sales will allow.

Council members dropped one part of the proposal, which would have asked those handing out fliers on Main Street only to do so at Pier Plaza; several members, as well as City Atty. Jennifer McGrath, said that suggestion was barred by First Amendment speech rights.

A proposed consolidation of news racks at Pier Plaza also had council members ambivalent, saying they worried about legal or constitutional problems, as well as plain old unsightliness at a tourist hot spot.

“I’m not sure if the best place to congregate all the newspaper racks would be the pier,” said Councilwoman Jill Hardy. “That’s where we take our postcard pictures.”

Council members agreed to keep that proposal but study all legal and planning ramifications.

Planning Commissioner Joe Shaw, a former downtown businessman, showed up at the meeting to speak against the plan as a private individual, saying businesses had enough obstacles already.

“I hope the city will not place burdensome and costly restrictions on businesses, he said. “Temporary-use permit costs are already out of range for most small businesses downtown. Let’s not add more obstacles.”

Any change in rules would specifically exempt Tuesday nights to protect the weekly Surf City Nights festivals.