Vending ordinance finalized

Philadelphia Councilwoman Jannie Blackwell's introduction yesterday of an ordinance that would regulate vending on and around campus did little to calm the 9-month-old controversy surrounding the plan. Among its many provisions, the ordinance regulates locations where vendors can operate, prohibits the use of electrical generators one year after its enactment and establishes a Vending Advisory Board which will review vending regulations and recommend applicants for certain locations. The controversy over the vending ordinance began last May when Penn sent Blackwell its initial ordinance proposal. The two other groups involved in the conflict, the Penn Consumer Alliance and the University City Vendors Alliance, sought to make the ordinance less restrictive. "I tried in principle to honor all sides," Blackwell said. "But it was very difficult, because it's a specific issue and people have specific wants." The three parties met with Blackwell Monday to try to create a single proposal. Blackwell then asked Penn to draft a new ordinance incorporating the various compromises. On Wednesday night, Blackwell made final revisions to the ordinance. University officials have sought to regulate vending for several years, citing safety concerns and the vendors' negative impact on Penn's ability to lure attractive retail to the area. Although the ordinance was introduced yesterday, hearings will not be scheduled until April, Blackwell said. The councilwoman said she expects some slight changes in the ordinance. But she added that she believes her proposal will be the framework for the final legislation. Blackwell's proposal of an ordinance did little to calm the strong feelings on both sides of the issue. "We're glad some parts of the ordinance have been changed, but some of the most important parts of the ordinance are dreadful," PCA spokesperson Matthew Ruben said. Ruben, an English graduate student, said he was particularly angry because the University did not include certain compromises reached at the Monday meeting into the final draft of the ordinance. "The University reneged on the promises they agreed to in front of the councilwoman and everyone else who was there [at Monday's meeting]," he said. But University officials denied they did not fulfill their promises. "There were significant compromises made" by Penn, said Jack Shannon, the University's top economic development official. "The revised bill reflects movement on both sides to a middle ground." Blackwell also claimed that the interests of the two sides were equally represented in the ordinance. Still, the ordinance does reflect some successful compromises between the University and the groups. The parties were able to agree on the selection process and composition of the Vending Advisory Board: 5 vendors, 3 representatives of nonprofit institutions, 3 representatives of Penn's faculty, staff and students, two members of the business community and two members of "neighborhood resident organizations." The mayor would appoint them in consultation with Blackwell. Also, the ordinance guarantees there will be 100 public sites available for vending and that they will be filled if there is interest in them. In addition, the University made a concession to allow coolers outside vending carts. But the one issue causing the most conflict is the ban on vending on Walnut Street. Ruben said the prohibition is "the most egregious and mind-boggling aspect of the ordinance." The consumer group is also upset over the prohibition of vending in several areas: on 34th Street between Walnut and Spruce streets; on the north side of Spruce Street between 34th and 36th streets; and in the area directly in front of the Penn Tower Hotel near 34th and Spruce streets. Another controversial aspect of the ordinance is its ban on electrical generators. "With the ban on generators, the ordinance does not provide any kind of feasible method for the vendors to function," Ruben said. Despite requests by the PCA and the UCVA, the proposed ordinance does not contain a contingency clause that would allow for more public locations if the University fails to provide the promised 45 sites on private property. The University pledged to build five fresh air food plazas that will together hold 45 vendors displaced by the ordinance. Scott Goldstein, spokesperson for the UCVA, declined to comment because he had not yet seen a copy of the proposed ordinance.

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