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Solicitor proposes nonprofit exemption but commissioners seek clearer limits and simpler paperwork

Red Lion Borough Planning Commission · February 24, 2025
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Summary

Borough solicitor proposed a draft exemption that would waive the transient/vendor fee for IRS-defined nonprofits for a limited number of events per location; commissioners, vendors and nonprofits pushed for clearer event caps, per-organization vs. per-location language, and reduced paperwork.

Borough solicitor Atty. Craley presented a draft to create Section 13:302.3, offering a fee exemption for IRS-defined nonprofit organizations holding a limited number of vendor or craft fairs per calendar year per location.

Atty. Craley explained the draft exempts the fee but does not waive the need to apply for a permit; he said the intention is to allow one coordinating permit per event so staff can enforce rules while minimizing paperwork. He said the draft limited nonprofits to two events per calendar year per location to prevent exploitation where a nonprofit or church might effectively operate as a regular for-profit vendor host.

Public commenters and some commissioners said two events may be too restrictive; Kristine Cousler-Womack suggested a cap of four events per nonprofit organization. Participants also raised concerns about who would file paperwork and whether the cap should be per location or per organization; Atty. Craley said the draft uses 'per location' but Council could amend later if needed.

The Commission chose to table the matter and asked staff and counsel to refine the language. The draft and public input will be revisited at a future meeting.