Local business owners ask Stayton council to revisit sidewalk vendor permit fee; staff pauses invoicing pending review

Local business owners told the Stayton City Council on Jan. 6 that a recently enforced sidewalk vendor permit fee is creating financial strain for establishments that provide seasonal outdoor seating.

Alan Bender, owner of Wolfgang's Third Party and Tap House on Third Avenue, said he was surprised by an invoice for $552.73 for outdoor seating at his business and asked the council to reconsider charging businesses for seating that the public uses. "I don't feel that I should be charged a fee to do so," Bender said.

City staff explained the permit and the fee's origin. Julia (city staff) said the outdoor seating vendor permit was established in February 2019 and a fee schedule (Resolution 997 in staff materials) set a $2.50 per-square-foot fee and a $500-per-day violation penalty. Because COVID interrupted implementation earlier and the fee was not being collected consistently, staff began sending invoices with an effective date of Jan. 1.

Council discussion and direction Councilors expressed interest in reviewing the fee and directed staff to pause invoicing until council discussion at a future meeting. Councilor O'Rourke asked staff to hold enforcement while council considers changes.

Staff recommended keeping a permitting process to ensure ADA access and accountability but agreed to return to the council with options — including a lower or prorated fee or a nominal administrative charge similar to other local permits.

Why it matters: The fee affects small downtown businesses that provide outdoor seating and could affect sidewalk use and downtown foot traffic.

Next steps: Staff will hold invoicing and return the proposal to the council at the first February meeting for a fuller discussion and potential fee adjustment.