WHITEFISH – After adopting a temporary vendor ordinance last year, the Whitefish City Council is having a tough time deciding if it likes the law.
On Jan. 19, the council voted to renew Dave Sheeran’s temporary vendor permit for a mobile pizza stand he sets up on Central Avenue. But several councilors asked that the vendor ordinance as a whole be discussed at the Feb. 1 meeting to decide if it should be modified or abolished.
Nine people from the public spoke at the Feb. 1 meeting in favor of the ordinance, including one man who is seeking his own permit. The rest spoke specifically in favor of Sheeran, including a restaurant owner and a bartender.
The strong showing of support appeared to move the council, particularly Mayor Mike Jenson, who said he entered the meeting leaning toward disapproval. But the public comments caught his attention.
“I don’t know about you guys, but I was swayed tonight,” Jenson said.
Still, the council seemed torn. Unable to come to a consensus, councilors decided to table the issue and will schedule a workshop to further discuss it.
Sheeran is the first vendor to operate under Whitefish’s new temporary vendor ordinance, which was adopted last year. His 60-day permit from November was due to run out in January, which was why he was once again before the council. He owns Second Street Pizza and operates a mobile pizza stand downtown across from the Great Northern Bar, working late at night and often catering to bar patrons.
But several people have also spoken out against Sheeran, including his most vocal opponent, Richard Kramer, the owner of the Red Caboose and Casey’s. The Red Caboose has traditionally been a popular downtown late-night eatery.
Kramer has made multiple claims against Sheeran’s stand and showed cell phone photographs to the city council that were purported to show Sheeran operating until 2:15 a.m., past the 2 a.m. deadline outlined in the permit. Planning and Building Director Dave Taylor investigated the allegations and did site inspections twice at 2 a.m.
Taylor discovered that on one occasion Sheeran did not tear down the tent at his site until 2:45 a.m., violating the 2:30 a.m. deadline. But Taylor said the regular vendor code allows a tear-down deadline of 3 a.m., but for some reason Sheeran’s is 2:30 a.m.
“Due to that discrepancy with the code,” Taylor wrote in his staff report, “staff does not consider that violation of conditions significant.”
But Taylor found no other permit violations, nor did he find any evidence that the stand promoted belligerent activity, which was another allegation. Sheeran also acknowledged he received a “C” health rating but is working to improve it.
Aside from the one 2:30 tear-down deadline infraction, Taylor wrote: “My observations have shown that he appears to be making a good faith effort to abide by the rest of the conditions of his permit and has not caused any health or safety problems apart from incurring the ire of a competing business owner.”
While Taylor recommended approval of the renewal, and the council granted it on Jan. 16, skepticism remains as the council decides what to do with the vendor ordinance. One of the law’s biggest critics on the council is Turner Askew.
“We made a mistake when we entered into the vendor ordinance,” Askew said.
At the Feb. 1 meeting, Sheeran said his stand is “trying to fill a void,” a sentiment backed up by the nine members of the public who spoke in favor of the ordinance. Sheeran also brought in a list of signatures supporting him.
“I have one person, my arch nemesis, who’s trying to prevent me from doing this,” Sheeran said. “I’m surprised he’s not here tonight. He probably thinks he has it in the bag.”