City aims to rein in lake vendors

The city of Whitefish is looking closely at creating a permitting process for commercial vendors that want to sell goods and services on the water of Whitefish Lake.

Regulating sales on the lake came up after concerns were raised about the number of businesses conducting retail sales on the lake in recent summers. City Council at a work session June 16 seemed to favor creating some sort of permit, however, council did not vote on the matter.

Councilor Frank Sweeney said the city needs to think about managing the number of businesses or restricting where businesses can operate so the lake doesn’t become over used.

“The lake’s purpose and benefit to the community is not as a facility for commercial transactions,” he said. “We don’t want 30 boats circling City Beach each trying to sell something.”

City Attorney Mary Van Buskirk said there a few options council can consider if it chooses to regulate activities by requiring a permit or banning sales all together.

The city already requires a license to engage in business within the city, but it could amend its license regulations to deal specifically with the lake. The license could require that all sales occur from the business’s land-based location, while still allowing for businesses to deliver to the lake, such as for boat rentals.

The city’s vendor permits currently regulate only food vendors operating on private property. However, vendor permitting could be amended to deal with lake retail and rental sales.

Enforcement would likely be complaint driven. The city’s code enforcement officer would be the one to contact business owners who may be operating without a permit or outside regulations.

Councilor Andy Fuery said commercial activity adds to the congestion at City Beach and off-shore in that area.

“I wonder if we could have no vending within a certain proximity of City Beach so you can’t vend off your boat in that area,” he said. “That would discourage people.”

Private commercial sales are not allowed on City Beach, according to Parks and Recreation Director Maria Butts. All boats that launch at City Beach are required to have a permit for boating access.

“Individuals are not allowed to exchange money on park land,” Butts said. “Vendors are allowed with a special permit for events. We do contract with private business for instructional services, such as paddleboarding lessons.”

Public reaction to allowing and regulating commercial sales on the lake was mixed.

Jamie Moore, who lives on Washington Avenue, agreed that a lack of parking in the City Beach area is a problem after he listed more than a dozen businesses that operate using access to the lake.

“You’re conducting business in a neighborhood,” he said. “There are huge issues here and it’s not the water, it’s the land.”

Moore said use at City Beach continues to increase.

“You haven’t extended the park. You haven’t extended parking,” he said. “You’ve done nothing.”

Sonny Schierl, owner of Paddlefish Sports, said he spends a lot of time on the lake with his rental business and suggested a permitting process would sort out non-legitimate businesses.

“It does have to be maintained and controlled,” he said. “It’s an epicenter of activity. How do we control it in the future?”

Debbie Biolo said she has spoken with tourists who are surprised they can’t purchase basic supplies right on the lake, but have to drive into town.

“We spend a whole lot of money to bring these tourists here,” she said. “They have a reasonable expectation to have their vacation serviced as any other place where they have vacationed before.”

One of the suggestions was to require businesses to have a store front as part of the permit or license approval.

Justin Heyne, owner of Flyboard Montana, said his customers pay through his website or at his store. He also noted that transactions can take place using a cell phone to pay.

“What does happen is that there are openings during the day and people approach us,” he said. “I don’t hand out cards, unless I’m asked for one.”

Councilor Richard Hildner said the point about retail sales on the lake with cell phones was well taken.

“We may be fooling ourselves to think we can control businesses by having a brick and mortar store,” he said. “It’s pretty easy to operate off of using your smart phone.”

Montana Fish, Wildlife and Parks already has a permitting process for commercial uses that launch into the lake from its parks, primarily for boat rentals or dock repair businesses.

Dave Landstrom, Region One parks manager, said FWP authority extends only to its own park lands, but does require businesses to also obtain local permits or licenses.

“Increasingly we’re working with neighboring jurisdictions to make sure everyone is aware of all the permitting processes,” he said. “We’re going to see continued congestion at all lakes because there is only so many launches. It’s part of our mission to offer compatible commercial activity at our parks.”

A combination of commercial and recreational activity creating congestion in front of the two main boat ramps at Whitefish Lake is a health and safety problem, Landstrom noted.

A lack of parking spaces near City Beach was suggested as one of the reasons for congestion on the City Beach boat launch.

Councilor Jen Frandsen said she sees boats stacked up about a half dozen at a time at the dock for launching.

“The problem isn’t launching, it’s people waiting at the dock for their family,” she said. “That’s the primary congestion, not from commercial. What deters people from coming isn’t the stack up, it’s the parking.”

Fuery said he sees boats stacked up at the launch because the farther away people are forced to park, the longer it takes them to walk back to City Beach.

“Parking is a big driver to the stack up,” he said.