Article Contributed on: 6/25/2009 1:44:18 PM
Residents of a southwest Denver neighborhood are working to crack down on illegal vendors in the area and it appears the city will lend them a helping hand in their efforts.
The issue of illegal vending -- specifically peddlers who cruise through neighborhoods -- has been a long-standing problem in Athmar Park, said Carol Campbell, president of the neighborhood's HOA. Unlicensed peddlers working out of stolen grocery carts often solicit their goods around local elementary schools and parks, selling everything from ice cream and refreshments to dipped corn and pork rinds, she said.
"There is a real place in our society for mobile food vending at construction sites and outside of ball games," Campbell said. "But it also needs to be a permitted, regulated activity so we can keep people from getting sick."
In order for vendors and peddlers to be in compliance with city regulations, they must get a license through the Department of Excise and Licenses, a process that costs a little more than $80. Vendors also are required to store and prepare their food in commercial kitchens subject to regular inspections.
It's fairly simple to get a license. The difficulty is enforcing the licensing requirements in the field, said Awilda Marquez, director of the department of excise and licenses.
The department has four inspectors and only one covering the southwest part of the city, she said. Inspectors currently have the ability to issue citations to illegal food vendors, but that doesn't necessarily guarantee the offenders will show up to court.
The most effective method of curtailing illegal vendors often is simply confiscating their food items, a practice that only can be performed by officials with the office of environmental health. But that could change soon, said Bob McDonald, environmental program manager for the department of environmental health.
The city currently is looking at delegating similar authorities to excise and license inspectors as well as park rangers with the parks and recreation department. The ultimate goal is to simply increase enforcement and protect consumers, he said.
"From our perspective, it's a food safety issue," McDonald said. "Anyone who sells products needs to know what's in those products and that it's ultimately safe to consume."
Cases of food-borne illnesses from peddlers, however, is fairly uncommon, he added. There haven't been any such complaints filed this year, though that could be misleading since food-borne sicknesses commonly are under-reported, McDonald said.
But the issue goes beyond just keeping people from getting sick, area residents say. Peddlers can contribute to the commercialization of parks and are sometimes a nuisance if they constantly ring bells and honk horns to draw attention, Campbell said.
It can also be a safety issue. In May, officers arrested an elderly vendor in southwest Denver after he allegedly grabbed a 10-year-old girl when she refused to take free ice cream.
Police say the ice cream man followed her home and asked her to be his girlfriend and give him a kiss, according to an AP story. He later was arrested and booked for suspicion of attempted kidnapping.
"When vending is regulated and done well, it's an asset to our community," Campbell said. "It can be a real problem at the same time, though."
REQUIREMENTS FOR PEDDLERS
Peddler's licenses required -- Licensed peddlers may sell items and goods at public events
Licenses must be visibly displayed -- The Denver Department of Excise and Licenses will provide licensed peddlers with a license and a photo-ID card. The photo-ID card must be worn on the outside of their clothing so as to be visible to the public at all times while peddling.
Peddler must carry all goods and products -- All goods and/or products must be carried on individual peddler's person and may not be carried, displayed, or stored in or on any carts, dollies, tables, wagons or similar devices.
No interference with pedestrians' use of public right-of-ways -- The use of the devices such as carts, dollies, tables, wagons or anything similar is prohibited.
SOURCE: DEPARTMENT OF EXCISE AND LICENSES