
The Aurora City Council has approved revising the city’s ordinance for solicitors and peddlers, though some residents say the changes will unfairly limit people trying to make a living.
The new regulations were approved 11-1 at Tuesday’s City Council meeting, with Ald. John Laesch, at large, being the only council member voting against the measure.
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Peddlers and solicitors no longer can operate in the lots of private businesses or in vacant lots under the new rules, City Clerk Jennifer Stallings said. Previously, they could operate in the lot at a private business if they had permission from the owner.
“The problem is that some people call us and go about it the correct way, but most people don’t know the correct way or don’t choose to call us,” Stallings said. “We have no way of monitoring this and we receive several complaints of people set up in vacant lots.”
People will only be able to set up temporary sales structures, push carts or pop-up tents if they have a permit as a mobile food vendor, are permitted to operate as a conditional use or if they have a permit to operate at a special event, like a farmers market.
Ald. Juany Garza, 2nd Ward, said while some residents are not happy about the changes, the city needs to have some control over the situation. She said she has received many complaints from people about pop-up tents, particularly around holidays like Easter and Mother’s Day.
People looking to peddle or solicit will also be required to submit to a background check, officials said.
George Gutierrez, who runs a business called Chicano Times selling merchandise celebrating Mexican culture, spoke during the public comment portion of Tuesday’s meeting and said it will be harder for him to earn a living under the new regulations.
Gutierrez previously served around 23 years in prison for a 1993 gang-related shooting, according to Beacon-News reports. While Gutierrez, who was 20 years old at the time, didn’t fire any shots, he was convicted of first-degree murder under the accountability law, according to the reports.
Resident David Cannon said he worries the new regulations will further criminalize people because of the call for background checks.
Stallings said in the previous code, in order to be issued a peddler or solicitor permit, an applicant couldn’t be a sex offender, have a felony conviction or have two DUIs. There was no appeals process under that code.
Now, with the new rules, people will be able to present information on their behalf as to how they’ve been rehabilitated following a past conviction, and they’ll be able to appeal a decision if denied, Stallings said.
“We actually think this is way more fair for people who have been precluded from peddling or soliciting in the past,” Stallings said.
Ald. Edward Bugg, 9th Ward, supported the new regulations, saying a brick and mortar store collects sales tax which goes back to the residents in the form of city services. Under the former rules, when someone set up a pop-up stand, the city had no way of knowing or means of collecting taxes the operator was legally obligated to pay, he said.