[Call to Order]
          [00:00:04]
          GOOD AFTERNOON. THIS IS THE REGULARLY SCHEDULED MEETING OF THE PARKS AND SUSTAINABILITY COMMITTEE, I'M COUNCILWOMAN CINDY FOWLER. I'M JOINED IN CHAMBERS BY COUNCILWOMAN BETSY 
          [Roll Call]
RUIZ. COUNCILMAN. KHALIL BACHON AND ONLINE, JOINED BY MY VICE CHAIR, MARILYN PARKER, JECOREY ARTHUR AND JEFF HUDSON. AL O AND PHILIP BAKER IS NOW IN, IN, IN CHAMBERS AS WELL. SO, WE JUST HAVE ONE ITEM, CAN YOU READ THE, YEAH, PLEASE. THIS MEETING IS BEING HELD PRISONER TO KRS 61.826 AND COUNCIL RULE FIVE, A READ IN FULL. THANK YOU. MA'AM IT'S ORDINANCE. 0166-2 FOR AN ORDINANCE AMENDING SECTION 115.999 OF THE LOUISVILLE METRO CODE OF ORDINANCES TO IMPROVE 
          [1.
 O-166-24     AN ORDINANCE AMENDING SECTION 115.999 OF THE LOUISVILLE METRO CODE OF ORDINANCES to IMPROVE THE ENFORCEABILITY OF LICENSING REQUIREMENTS AND IMPROVE PROTECTIONS FOR LOCAL FARMERS.
Action Required By:  January 2025
Sponsors: Rick Blackwell (D-12) ]
THE ENFORCEABILITY OF LICENSING REQUIREMENTS AND IMPROVE PROTECTION FOR LOCAL FARMERS. DO I HEAR A MOTION? PROPERLY MOVED AND, BEFORE US. DO WE KNOW WHO'S SPEAKING TO THIS? LOOKS LIKE THE SPONSOR IS RICK BLACKWELL. SHOULD HAVE CALLED HIM BEFORE THE MEETING. DO YOU KNOW ANYTHING, ROBBY, IN TERMS OF WHO WAS GOING TO SPEAK TO IT WELL OR ANYTHING ABOUT IT? I KNOW, YEAH. 
          IF YOU COULD FILL US IN, THAT'D BE GREAT. IN ESSENCE, THIS IS, ROBBIE HOWARD, JACKSON COUNTY ATTORNEY'S OFFICE. THIS IS, IN ESSENCE, JUST CHANGING THE PENALTIES FOR VIOLATIONS OF LICENSING IN TERMS OF SELLING PRODUCE FROM YOUR PROPERTY, FROM A CRIMINAL VIOLATION TO MAKING IT ALSO A CIVIL VIOLATION SO THAT THEY DON'T HAVE TO. RIGHT NOW, YOU DON'T HAVE AN OPTION OF ISSUING A CIVIL CITATION AGAINST SOMEONE WHO'S IN VIOLATIONS OF THE LICENSING REQUIREMENTS. AND WITH THIS AMENDMENT, THEY COULD ISSUE CIVIL CITATIONS. OKAY. SO IT'S MORE STRICT. I WOULD WELL, IT KIND OF DEPENDS ON HOW YOU LOOK AT IT, GIVING YOU ANOTHER AVENUE. IT'S ANOTHER AVENUE THAT WOULD BE, I WOULD ARGUE LESS DRACONIAN, BUT POSSIBLY EVEN MORE EFFECTIVE. I SEE YEAH, WITH CIVIL IT'S ALWAYS MORE IT'S CERTAINLY FASTER. IT CAN BE. YEAH. OKAY, ARE THERE ANY ANY QUESTIONS? OH, COUNCILMAN MULVIHILL IS JOINED US ONLINE. WOULD YOU LIKE TO SPEAK? YES, I WOULD. CAN'T HEAR YOU. I CAN HEAR YOU, BUT I CAN'T UNDERSTAND YOU. I'M SORRY. CAN YOU HEAR ME? YES, YES. NOW THAT'S CLEAR. OKAY. I DON'T KNOW THAT I CAN HEAR YOU VERY WELL, MADAM CHAIR, HE EXPLAINED THIS IN OUR CAUCUS LAST WEEK THAT, I THINK IT'S EASIER WITH A CIVIL VIOLATION. 
          THERE'S MORE FOLKS THAT CAN ENFORCE IT. BUT HE ALSO TALKED ABOUT THE PROBLEM OF FOLKS THAT AREN'T GETTING LICENSED AND THAT WERE JUST OUT SELLING THEIR WARES WITHOUT THE PROPER LICENSE. AND, YOU KNOW, HE IN THE INTEREST OF FAIRNESS, PEOPLE THAT ARE DOING IT RIGHT AND DOING IT BY THE LAW, HE AND THOSE WHO ARE NOT, HE WANTED TO EQUALIZE IT SO THAT PEOPLE WOULD GET THE LICENSES RIGHT. THAT IS THE REASON FOR THE CHANGE. BUT IF THAT'S WHAT HE AT LEAST LET US KNOW IN CAUCUS. OKAY, THANK THANK YOU FOR THAT CLARIFICATION, ARE THERE ANY QUESTIONS FROM ANYONE ON THE COMMITTEE? COUNCILMAN VACHON? THANK YOU. THANK YOU, MADAM CHAIR, SO NOW THAT. THANK YOU, COUNCILMAN MULVIHILL, BECAUSE THAT'S KIND OF WHAT I WAS THINKING WAS THE CASE. BUT MY QUESTION IS, IS. AND THIS MIGHT BE A QUESTION FOR THE COUNTY ATTORNEY WITH IT HAVING MORE ABILITY TO HOLD THE ACCOUNTABILITIES IN STAKE FOR THESE FOLKS THAT ARE DOING IT, THE WRONG WAY, SHOULD IT BE A MAY ISSUE, A CITATION OR A CIVIL PENALTY, OR A MUST ISSUE A CIVIL PENALTY IF THEY'RE IN THE WRONG. SO IF YOU ROLL UP ON SOMEBODY ON DIXIE HIGHWAY AND THEY'RE SELLING TOMATOES AND APPLES THAT THEY GOT OUT OF THE BACKYARD AND DIDN'T GET THE PROPER PERMITS, THEY SHOULD BE CITED. CORRECT. OR IS IT UP TO THE CIDER'S DISCRETION TO MAKE THAT CALL? SO THE WAY THAT THIS IS WRITTEN, THE CRIMINAL PART OF THIS IS NOT HAS NOT BEEN REMOVED. IT'S WRITTEN IN A WAY OF INSTEAD OF ISSUING A CRIMINAL CITATION, YOU HAVE THE OPTION OF ISSUING A CIVIL CITATION. SO, THE WAY I WOULD INTERPRET YOUR QUESTION IS IT'S NOT YOU MAY OR MAY NOT ISSUE A CITATION. IT'S YOU MAY ISSUE A CIVIL CITATION INSTEAD OF A CRIMINAL CITATION. THAT'S THE WAY IT'S WRITTEN. SO IF YOU ALL WANTED TO ADDRESS SOMEHOW 
          [00:05:04]
FORCING THE OFFICER TO ISSUE A CITATION, THIS WOULD PROBABLY BE WRITTEN SLIGHTLY DIFFERENTLY, AND WE WOULD HAVE TO TOUCH UPON THE CRIMINAL PORTION OF THE PENALTY SECTION. ALSO DID THAT ANSWER YOUR QUESTION? MAYBE A LITTLE BIT. MY I GUESS. CAN I FOLLOW UP WITH ANOTHER QUESTION? SORRY. CAN SOMEBODY MAYBE WALK ME THROUGH THE PROCESS OF WHAT THE PERMIT PROCESS MIGHT LOOK LIKE FOR SOMEONE WHO'S DOING IT THE RIGHT WAY ON THE SIDE OF THE ROAD VERSUS SOMEONE WHO'S DOING IT THE INCORRECT WAY? WOULD THEY HAVE TO GET A PERMIT? YEAH, I WOULDN'T BE ABLE TO WALK YOU THROUGH THAT PART OF IT. I DON'T DEAL WITH THE ACTUAL ISSUANCE OF THE PERMITS. I KNOW IN FOR EXAMPLE, IN RIVERSIDE, RIGHT. WE DO THOSE FARMERS MARKETS AND WHATNOT. SO THEY'RE ISSUING BUT THAT'S ON THE PROPERTY. AND THAT'S RIGHT. LET'S USE GENE SNYDER AND DIXIE HIGHWAY, FOR EXAMPLE. AND THOSE GUYS THAT SELL TOMATOES OR WHATEVER THEY'RE SELLING THERE AT THE OVERPASS, THEY WOULD HAVE TO GO AND GET A THEY WOULD HAVE TO COME DOWNTOWN AND GET A PERMIT. 
          CORRECT. OKAY. LOOK, IF IT'S IN YOUR FRONT YARD. I THINK IT'S, IT'S OKAY TO DO THAT. IT'S WHETHER YOU KNOW, SO YOU DRIVE DOWN TO CASEY COUNTY AND GET A BIG TRUCKLOAD AND, AND SET UP ON THE CORNER OF BLEVINS GAP AND DIXIE HIGHWAY. THAT'S WHAT NEEDS TO HAVE HER PERMIT NOW, WHAT YOU'RE SAYING WOULD BE, WITHOUT A WARNING. AND I THINK THAT, TO BE FAIR TO THOSE PEOPLE, YOU WOULD WANT TO CITE THEM WITH A WARNING FIRST, CITING CRIMINAL COMPLAINT AND GIVING THEM AN OPPORTUNITY TO COMPLY. AT LEAST THAT'S THE WAY I WOULD LIKE TO SEE THAT DONE, BECAUSE SOME PEOPLE MAY NOT BE AWARE THAT THEY ARE REQUIRED TO HAVE THAT, PERMIT. RIGHT. ROBBIE, IN TERMS OF PEOPLE NOT BEING AWARE THAT THERE WERE, I WOULD ASSUME THERE ARE CERTAINLY PEOPLE THAT WOULDN'T BE AWARE THAT THEY'RE REQUIRED TO HAVE A. YEAH I MEAN, THEY JUST HAD IT'S JUST MY OPINION, THOUGH, THAT'S NOT A RIGHT. BUT I MEAN, THEY COULD HAVE A BUMPER CROP OF GREEN BEANS OR SQUASH AND SOMETHING AND JUST WANT TO SET UP AND GET RID OF THAT BEFORE IT GOES BAD. 
          NOW, THAT WOULD BE ACCEPTED ANYWAY. THAT WOULDN'T BE A IF YOU'RE GROWING THAT AT YOUR PROPERTY, SO IT'S DIFFERENT IF IT'S GROWN ON YOUR GROW IT AT YOUR PROPERTY AND YOU'RE SELLING IT ON THAT PROPERTY THEN. BUT IF YOU WENT DOWN THE STREET AND SET UP ON THE CORNER OF DIXIE AND BLEVINS GAP, THEN IT'S AN ISSUE. THEN YOU WOULD LIKELY NEED TO GET A LICENSE AT THAT POINT. 
          YEAH IS IT A LICENSE OR A PERMIT? A PERMIT? OH, OKAY. YOU GOT TO. YEAH. I'M SORRY. YES COUNCILMAN BAKER, MADAM CHAIR, SORRY TO INTERJECT. ALSO, I THINK WHAT THE REASON THIS CAME ABOUT WHEN WE TALKED ABOUT IN CAUCUS WAS THAT IF, SAY YOU'RE SELLING TOMATOES, BUT THEN LET'S SAY I'M GETTING, WATERMELONS IN BULK AND SELLING IT TO AS WELL. WHERE? OFF SITE. SO SAY, IF I GO TO KHALIL'S FARM. RIGHT. AND NOW I'M SELLING ALL THESE WATERMELONS THAT YOU NEED TO GET, A PERMIT FOR THAT INSTEAD OF JUST, YOU KNOW, IN YOUR FRONT YARD BASED ON THE AGRICULTURE THAT YOU CAN GROW ON PROPERTY, IT'S WHEN YOU'RE ALSO SEEKING ADDITIONAL OR IF YOU'RE GOING DOWN THE ROAD OR SETTING UP, LIKE IN AN ABANDONED GAS STATION OR SOMETHING. AND NOW I GOT A WHOLE FRUIT MARKET WITHOUT A PERMIT. THAT'S THAT WAS AND IT IS A PERMIT, NOT A LICENSE. A PERMIT. YES, A PERMIT, BUT GO AHEAD. YEAH. AND I AND I APOLOGIZE, COUNCILMAN HUDSON. 
          NO, YOU'RE FOR OUR CHAIR. YEAH. YOU'RE FINE STEPPING IN AS WELL. COUNCILMAN HUDSON. YEAH. THANK YOU, MADAM CHAIR, I THINK THERE'S PROBABLY ENOUGH UNANSWERED. SEEMS LIKE WE'RE GUESSING AT THE ANSWERS TO THE QUESTIONS THAT ARE COMING OUT. I'D LIKE TO MOVE TO TABLE THIS UNTIL THE SPONSOR, IN FAIRNESS TO THE SPONSOR, SO THAT HE COULD COME AND ANSWER QUESTIONS AND TALK ABOUT THIS, THIS ORDINANCE. SECOND. THANK YOU. PROPERLY MOVED AND SECONDED, ALL THOSE IN FAVOR SAY AYE. AYE ALL RIGHT. THANK YOU. AND, I WILL GET WITH COUNCILMAN BLACKWELL. MAKE SURE THAT HE IS AVAILABLE. OUR NEXT MEETING. SO NOTHING ELSE BEFORE US, DO WE, IT IS TABLED. IS THAT WE'RE GOOD? DON'T HAVE TO DO ANYTHING ELSE, SO, WE ARE ADJOURNED. THANK YOU
* This transcript was compiled from uncorrected Closed Captioning.