By a 4-1 vote Tuesday, Statesboro City Council enacted a Temporary Vendors Ordinance that had been in the works, through various drafts and changes, for about a year.

The ordinance, as approved, does not distinguish roadside stands that operate only a few days, or a flea market that opens on Saturdays throughout the year, from seasonal vendors that sell Halloween pumpkins or Christmas trees for a month or more. Earlier drafts would have made seasonal vendors as a separate category with different rules.

Taking effect immediately, the ordinance ends an informal moratorium on enforcement. "Temporary" vendors that have been in existence six months or more get two years to comply with requirements such as those for parking and lavatories, but any new vendors will have to comply right away.

Any business that has no permanent building, is open no more than 90 days in a year and meets the requirements can get a temporary vendor permit. The cost is $35.

Earlier drafts would have imposed another $35 fee each time a business that had been closed for a while reopened, but in the final version, the $35 will cover the entire 90 days for vendors who designate those days in a single permit, city Planning and Development Director Mandi Cody told the council.

"A permit application would be accompanied by a fee of $35," Cody said. "That application could specify one day that they wish to have a temporary vendor permit issued for, or it could specify all 90 days."

The fee is for the cost of having city staff members review the application, Cody said. So if someone applied for just a 10-day permit, for example, and came back later to apply for another portion of the 90 days, they would have to pay another $35 for another permit.

The ordinance as presented to the council states that a permit "shall be valid for the dates stated upon the Temporary Vendor Permit or 30 consecutive days, whichever is shorter." A section right after that says that no business or site can get a permit for more than 90 days in a calendar year.

In an interview, Cody said that 30 consecutive days was meant to be the default time if no dates are specified. That the permits can include the full 90 days will be clarified when permits are issued, she said.

New temporary vendors will have to provide sufficient parking and prevent customers from parking on streets or neighboring properties. Parking plans and plans for driveways, entrances and exits, must be approved by the city engineer. Unless under the grace period as an existing business, any temporary vendor that opens more than two consecutive days must provide a lavatory with running water for each 10,000 square feet of site area, also subject to city approval.

If any structures or mobile units are used, they have to comply with fire and safety codes.

Two years grace

"Temporary" businesses in existence for at least six months before Tuesday were not "grandfathered in" permanently as had once been discussed. But they are being given two years to comply with the requirements. This section also states that City Council may grant an extension if a business owner proves an inability to recoup the investment needed to comply by that date.

One existing business that meets the definition is Ellis' Open Market, a flea market, so far open Saturdays only, on Northside Drive East. Stephanie Ellis operates it on a vacant, but partially paved, commercially zoned lot owned by her family, renting spots to other people who sell household items, as they might at a yard sale.

Ellis has been part of the conversation from the first. She shut down her market for several months in early 2015 after being unable to meet requirements, based on those for permanent businesses, that city planning officials discussed with her. Largely in response to Ellis' situation, Mayor Jan Moore and City Council instructed city staff last June to halt enforcement efforts until an ordinance could be approved.

After speaking at several public hearings, including one for a "first reading" of the ordinance during the council meeting Feb. 16, Ellis said she was pleased with the final version. She did not attend Tuesday's meeting, where the ordinance was presented for a second reading and vote, but was interviewed later in the day.

"We're really pleased that we're finally able to come to a resolution on it," Ellis said.

Ellis thought she would need three $35 permits, costing $105 for the year, to obtain the full 90 days. But since she had originally been told she might need a $35 permit for every Saturday the market opened, she saw this as a great improvement.

After being told Cody's interpretation that allows a single $35 permit to cover the full 90 days if they are designated in a single permit, Ellis said, "Fantastic!"

But she said the more important thing to her is that the ordinance clarifies that only she, and not the individuals who rent spaces from her to sell their things, will need to buy a permit.

"These are folks that are trying to pay their light bill, they're trying to buy medicine, you know, and things for their kids," Ellis said. "If they're trying to buy medicine, they can't afford a city permit on top of that, so that was one of our main goals, to try to keep it cheap enough for them."

Ellis' Open Market disappears between weekends. Ellis provides a portable toilet and designates some parking spaces, but notes that these are beyond what she is required to do within the grace period. She will need to take some other steps to come into compliance within two years, but said she is satisfied with this aspect of the ordinance.

Yard sales and garage sales, held by Statesboro residents at their own homes, are exempt from the permit requirement, but are limited to two consecutive days, no more than four times a year. Events sanctioned by nonprofit agencies are also exempt, under the same limitations as yard sales.

Events sanctioned by city and government agencies are exempt.

Not unanimous

After hearing from Cody at Tuesday morning's meeting, Councilman Phil Boyum made the motion to adopt the ordinance, and Councilman Travis Chance seconded. A "nay" was heard along with the four "ayes" on the voice vote.

Later in the meeting, Councilman Sam Jones spoke up to make sure that City Clerk Sue Starling had recorded Jones' vote against the ordinance. He said he thought Cody did an excellent job researching the ordinance, but that he was just not in favor of it.

"I feel like the Temporary Vendor Ordinance would not be good for all citizens," Jones said after the meeting. "It would take some people's livelihood away."

Herald reporter Al Hackle may be reached at (912) 489-9458.