South Portland works on flea market ordinance (Dec. 26, 2008)
By Nate Jones
Staff Writer
If all goes well for Louie Maietta, owner of the building that housed the former Yerxa’s equipment shop at the corner of Broadway and Buttonwood Street in South Portland, residents will be able to make a few extra dollars at a new flea market to open by the end of the next month.
“If the Maiettas had their way, it would have opened two or three weeks ago,” Mayor Tom Blake said at Monday’s workshop.
As has been the case with proposals for tattoo parlors, massage therapy businesses and other “never before seen” establishments within the city limits, city clerks office licensing administrator Jennifer Scholz and corporation counsel Sally Daggatt worked to draft a proposed licensing procedure for flea market operators and vendors, city manager James Gailey said.
“We do have language for second hand dealers and temporary vendors,” Gailey said. “Mr. Maietta is proposing a 40 to 50 vendor flea market establishment, which we felt warranted a special license.”
The proposed addition to the city’s licensing policies would require flea market vendors to obtain a $25 permit from the city clerk’s office, which would allow them to sell goods for a year. While Scholz said it is “standard operating procedure” for all city license applications to include a background check, no members of the council said they thought it was necessary for flea market vendors.
“If the police don’t need a background check on these kind of people, I don’t need a background check,” Councilor Linda Boudreau said.
Although a majority of the council said they felt the proposed flea market was an appropriate use for the currently vacant space, some were concerned about its hours of operation. Under the proposed policy, the flea market could operate within the city’s “Limited Business” (LB) zone from 6 a.m. to 6 p.m., seven days a week, hours that Boudreau said she thought were too early. Councilor Tom Coward said he too was concerned about the hours, and suggested they be changed from 7 a.m. to 7 p.m.
“This proposed site is perfect [for a flea market] but some LB zones are very close to residential areas,” Coward said. “If I had a house and suddenly a flea market popped up next door; I can think of several places in my neighborhood where that would be a problem.”
Coward said he was not opposed to the flea market including outdoor space for vendors during the warmer months, a condition other councilors saw as a potential safety risk.
“My biggest concern is parking,” Blake said, adding that he had seen a fatality in the intersection nearby the proposed site. “If you put tables outside we’re just making things worse.”
The initial draft of the licensing requirements would also restrict vendors from selling food without a food handler’s license, hazardous or flammable liquids, counterfeit or contraband items and firearms. Blake said he would like to include a restriction on adult books and novelty items as well, but Daggat said there was already an adult use permit available for vendors in the city. The restriction of firearms would also have to be eliminated from the provision, as the state is the only entity that can regulate the sale of firearms, she said.
“There’s a potential [legal] trap here that I don’t want to somehow mess up this project,” Coward said of the firearm restriction.
Vincent Maietta, speaking on behalf of his brother Louie Maietta, said the private contract between the flea market operator and vendors would include a restriction on the sale of firearms and adult books.
“Can I just remind people, although we trust Louie to do what’s right, this isn’t about Louie. He could sell the building to someone who isn’t as reputable,” Councilor Maxine Beecher said.
An updated version of the proposed licensing provision is scheduled for a first reading during the council’s Jan. 5 meeting.
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