Local hot dog vendor Mary Bittroff is upset the District of Sechelt is evicting her from her current location in front of Canadian Tire, saying there is nowhere else in the District she can afford to operate with council's recent move to up the cost of public mobile vendor pads.
"If something doesn't change, I'll probably set up in Gibsons because they have already welcomed me to operate there," Bittroff said.
She has been selling hot dogs since 2009, but recently was told by the bylaw officer her operation is illegal and she must close up shop within 30 days. The reason for the order was that within the development permit for Canadian Tire, it states a restaurant or drive-thru is not permitted at that location.
"But I am not a restaurant or a drive-thru. We're retailing hot dogs. I'm a mobile vendor," she said.
Bylaw officer Bruce Haynes said the rule does apply to Bittroff and that the action was taken due to complaints about her operation in the area. Bylaws are generally enforced on a complaint-driven basis.
"She's a vendor, which is the same thing. Technically she's selling food and she is providing a food service I know we're splitting hairs, but that's what they [Canadian Tire] weren't allowed to do there is provide a food service at all," Haynes said.
Bittroff has been fighting the ruling and recently presented a letter to the District outlining her concerns. Haynes says the ball is now in council's court.
Sechelt Mayor Darren Inkster says he and his council will likely be discussing the issue in the next couple of weeks to find out what their alternatives and next steps are.
"One of the things that council needs to always be mindful of when we delve into the area of bylaw is are we straying outside our areas of setting policy and being very clear about broad brush approaches to the community, rather than getting specifically involved in issues with individuals," Inkster said. "Because what can happen is you can start picking favourites in the community and start representing individuals to the detriment of the overall community, and that's where we need to be careful.
"So we need to determine whether this was done fairly and equitably for the individual concerned and whether council needs to make a change to that rule in that specific area in order to make it more fair and equitable for the people involved."
Bittroff fears that if she loses the use of the private space outside Canadian Tire, she will not be able to afford a public spot, as the District is currently talking about raising the rates from $200 a month to $750 or more a month.
The raise in rates is meant to help the District pay for things like garbage pick up, bathroom servicing and electrical use at pads currently available in Davis Bay and Kinnikinnick Park.
A staff report presented at the Feb. 23 committee of the whole meeting said the increase would also "recognize property taxes and other fees that fixed businesses have to pay for and are not typically borne by a mobile vendor."
When councillors discussed the new vendor bylaw last Wednesday, some were concerned the hike was not high enough.
Coun. Keith Thirkell asked to see a cost comparison of what commercial businesses pay in tax per square foot, to possibly apply the same formula to mobile vendors.
"Is it fair and is it equitable?" he asked.
Councillors passed a recommendation asking staff to prepare an amendment to the existing bylaw to increase the fees charged for a seasonal mobile vendor permit and add another pad for vendors at Spirit Square. The actual increase will not be known until staff comes back with an amendment and council discusses the issue again.
