[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. 8/1/24 Parks and Sustainability Committee Tabled Action Required By: January 2025 Sponsors: Rick Blackwell (D-12) ]

SECTION 115.999 OF THE LOUISVILLE METRO CODE OF ORDINANCES TO IMPROVE THE ENFORCEABILITY OF LICENSING REQUIREMENTS AND IMPROVED PROTECTIONS FOR LOCAL FARMERS.

DO I HAVE A MOTION TO UNTABLE PROPERLY MOVED AND UNTABLED? IT IS BEFORE US AND I BELIEVE COUNCILMAN BLACKWELL IS HERE TO SPEAK TO THIS. PLEASE HIM. THANK YOU, MADAM CHAIR. FIRST OF ALL, I APOLOGIZE TO YOU AND THE COMMITTEE MEMBERS FOR NOT BEING PRESENT LAST TIME THAT IT WAS HEARD. I HAD A LITTLE, MISCOMMUNICATION ON MY CALENDAR ABOUT WHEN IT WAS GOING TO BE HEARD. SO. ALL ON ME, NOT ON YOU. SO I APOLOGIZE. I APPRECIATE THE OPPORTUNITY TODAY TO SPEAK TO IT, SO THIS IS, A SITUATION THAT WE'VE HAD IN, IN OUR DISTRICT AND IN, I THINK IN A COUPLE OF OTHER DISTRICTS AS WELL, WHERE WE HAVE FOLKS WHO E TAKING ADVANTAGE OF WHAT WE PUT IN PLACE SEVERAL YEARS AGO TO ALLOW SOMEONE WHO IS GROWING, PRODUCE, LOCALLY TO, TO BE ABLE TO SELL THOSE ITEMS IN KIND OF A RESPONSE TO SOME OF OUR ISSUES WITH FOOD DESERTS AND WHATNOT.

AND THE INTENT WAS YOU HAVE SOMEONE WHO'S GROWING TOMATOES OR THEY'RE GROWING, YOU KNOW, WHATEVER IT IS THAT THEY'RE GROWING IN THEIR YARD, THEY HAVE EXTRA TOMATOES. AND RATHER THAN LET THOSE GO TO ROTS, YOU CAN SET UP A STAND AND SELL A FEW, THAT SORT OF THING. HOWEVER, WHAT WE'VE HAD IS SOME FOLKS WHO ARE HAVE A GARDEN. THEY ARE THEY ARE THEY DO HAVE A PLOT. THEY DO HAVE A GARDEN ON THEIR PROPERTY, BUT THEY ARE SELLING THINGS THAT THEY ARE NOT GROWING. SO YOU HAVE FOLKS WHO ARE GOING TO, YOU KNOW, OTHER OTHER COUNTIES AND BUYING PRODUCE IN LARGE QUANTITIES, BRINGING THEM BACK TO THEIR RESIDENT AND THEN SELLING THEM UNDER THE GUISE OF BEING HOME GROWN, AND WE KNOW THIS BECAUSE THEY WILL SELL THINGS THAT THEY DON'T HAVE.

THOSE PARTICULAR PLANTS IN THEIR GARDENS. IT'S PRETTY EASY TO TELL IF YOU'RE SELLING WATERMELONS AND YOU DON'T HAVE ANY WATERMELON PLANTS IN YOUR GARDEN, THAT YOU HAVE PURCHASED THEM SOMEWHERE. SO THE PROBLEM WITH THAT, YOU MIGHT SAY, WELL, YOU KNOW, SO WHAT'S THE BIG DEAL? THE PROBLEM WITH THAT, OF COURSE, IS THAT YOU HAVE SOMEBODY IN YOUR DISTRICT WHO WAS SELLING AND THEN WAS ASKED, AS THEY SHOULD BE, IF YOU'RE RUNNING A BUSINESS IN A NEIGHBORHOOD, YOU KNOW, ASK TO GET A CONDITIONAL USE PERMIT WENT THROUGH THAT PROCESS. IT'S A LENGTHY PROCESS, AN EXPENSIVE PROCESS. AND THEN WE'RE LETTING OTHERS AVOID THAT BY CLAIMING THAT THEY ARE SELLING, YOU KNOW, THIS, THESE LOCAL GOODS THAT THEY HAVE PRODUCED IN THEIR OWN, GARDEN. SO, SO WE HAVE WE HAD THAT IN PLACE LAST YEAR AND THEN WE, THIS YEAR, WHAT WE FOUND IS THAT IT'S BECOME AN ISSUE WITH THE CRIMINAL PENALTY BECAUSE IT GOES INTO THE COURTS. COURTS DON'T NECESSARILY SEE THIS AS BEING, LIKE HIGH ON THE PRIORITY LIST OF CRIMINAL ACTIVITY, THEY THEY MIGHT IF THEY LIVED IN MY DISTRICT WHERE THE PERSON WHO'S DOING THIS IS CALLING YOU EACH DAY TO REMIND YOU THAT THIS, THAT SOMEBODY ELSE IS GETTING AWAY WITH SOMETHING THAT MIGHT BE MORE OF A PRIORITY. BUT IN THE GRAND SCHEME OF THINGS, PROBABLY NOT. AND SO WHAT WE'VE ADDED HERE IS A CIVIL PENALTY SO THAT WE'RE ALLOWED TO, IN LIEU OF THE CRIMINAL ACTIVITY. YOU COULD ALSO, HAVE A CIVIL FINE. AND THEN, YOU KNOW, OF COURSE, THEY WOULD STILL HAVE AN OPPORTUNITY TO APPEAL AND TO SHOW THAT, HOW THEY WERE ABLE TO, GROW CANTALOUPE WITHOUT CANTALOUPE PLANTS. AND IF THEY'RE ABLE TO APPROVE THAT, THEN OF COURSE, THEY WOULDN'T BE FINED. SO I WOULD JUST I WOULD APPRECIATE YOUR SUPPORT, ANSWER ANY QUESTIONS THAT I MIGHT THE COUNTY ATTORNEY WOULD ASK TO ANSWER THE LEGAL SIDE OF IT. THANK YOU. THANK YOU, MADAM CHAIR. THANK YOU. LET'S SEE. DO WE HAVE ANY QUESTIONS FROM THE COMMITTEE MEMBERS? DON'T HAVE ANYONE? NOPE. I DO, I SEE HERE, COUNCILMAN ARTHUR. THANK YOU. COULD SOMEONE REMIND ME ABOUT THE ENFORCEMENT MECHANISM? I SEE METRO GOVERNMENT MAY ISSUE A CIVIL PENALTY, BUT JUST REMIND US THE SPECIFIC DEPARTMENTS THAT MIGHT HAVE JURISDICTION. IT. ROBBIE HARRIS, COUNTY ATTORNEY'S

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OFFICE. GENERALLY, IT WOULD BE ANY OFFICER COULD ENFORCE THIS. IT WOULD BE A CIVIL CITATION.

NOW, THIS IS THE CIVIL ASPECT OF IT. THIS IS GOING TO THE AMENDMENT THAT'S BEEN PUT IN BEFORE YOU. CODE ENFORCEMENT, ABC LOUISVILLE METRO POLICE DEPARTMENT, WHICH GENERALLY THEY PROBABLY WOULDN'T ISSUE A CITATION FOR THIS, BUT ANY OF THOSE WOULD HAVE THE AUTHORITY TO ISSUE A CITATION. THAT CIVIL CITATION WOULD THEN GO BEFORE IF SOMEONE APPEALED IT, IT WOULD GO BEFORE CODE BOARD AND THEY WOULD HEAR THAT CASE AND EITHER UPHOLD IT OR NOT. IF IT GOES ON APPEAL, THEN IT BECOMES FINAL AND THE EFFECTIVE PART OF THIS IS THAT IT WOULD THEN BECOME A LIEN ON THE OWNER OF THE PROPERTY AT WHICH THE CITATION WAS ISSUED. AND THAT'S WHY THESE TYPE OF CIVIL CITATIONS WOULD BE HARD TO IGNORE BECAUSE OF THE RAMIFICATIONS. IF YOU IGNORE THEM. SO WHEN YOU GET A CIVIL CITATION OF THIS NATURE, THE OWNER OF THAT PROPERTY IS GOING TO BE MOTIVATED TO RESPOND TO IT. DID THAT ANSWER YOUR QUESTION? IT DID. I JUST HAVE A COUPLE FOLLOW UPS. DO THE PENALTIES IN THIS AMENDMENT ALIGN WITH OTHER PENALTIES THROUGHOUT OUR CODE OF ORDINANCES? YEAH. THESE WERE CURIOUS HOW WE GOT TO THIS POINT. I WOULD CONSIDER THESE TO BE SOMEWHAT LIGHTER BECAUSE IT'S PROGRESSIVE. IT'S 100TH AND 200TH AND 300. AND, SO GENERALLY MOST OF THE PENALTIES, WELL, IT'S IN LINE WITH THEM. I WOULDN'T SAY IT'S LESS OR MORE. IT'S PRETTY CONSISTENT WITH THE OTHER PENALTIES FROM THAT AGENCIES LIKE CODE ENFORCEMENT WOULD ISSUE. AND MY LAST QUESTION MIGHT BE BETTER FOR THE SPONSOR. I'M A LITTLE CONCERNED ABOUT PEOPLE IN THE WEST END OF LOUISVILLE WHO MIGHT POP UP AND DO SOME OF WHAT WE'VE HEARD DESCRIBED, NOT KNOWING ABOUT THIS NEW LEGISLATION. SO HAVE YOU WORKED WITH THE MAYOR'S ADMINISTRATION OR ANY OF THE DEPARTMENTS THAT HAVE ENFORCEMENT POWER ON EDUCATING THE PUBLIC? MADAM CHAIR, YES. YES SIR. YES. SO, YEAH. SO ACTUALLY, YES. BUT THE BUT THE LEGISLATION ISN'T NEW. WE IT WAS ALREADY. THIS ISN'T CHANGING SOMETHING IN MAKING SOMETHING ILLEGAL OR PUNISHABLE. THAT WASN'T PRIOR. IT'S JUST A DIFFERENT ENFORCEMENT MECHANISM. SO IT'S ALREADY BEEN IN PLACE, AND COUNTY ATTORNEY COULD HELP ME OUT WITH THAT AT LEAST A YEAR, MAYBE TWO, THAT IT'S ALREADY BEEN IN PLACE SINCE YOU WEREN'T ALLOWED TO SELL THINGS THAT YOU DIDN'T ACTUALLY GROW IN YOUR OWN GARDEN. YEAH, CORRECT.

IT'S BEEN AT LEAST A YEAR, BUT THAT'S JUST ME ESTIMATING THE CURRENT MECHANISM FOR ENFORCEMENT IS LIMITED JUST TO ISSUING A CITATION. AND IT'S A MISDEMEANOR OFFENSE. SO I THINK YOU'D PROBABLY MAKE A STRONG ARGUMENT THAT THIS IS ACTUALLY LESSENING THE, THE PENALTY FOR THE VIOLATION. BUT IT'S ALSO INCREASING THE ENFORCEABILITY OF THE VIOLATION. RIGHT. AND I UNDERSTAND THAT. I GUESS MY CONCERN IS IF THERE'S GOING TO BE A HIGHER FREQUENCY OF ENFORCEMENT, BECAUSE THIS IS A LOT EASIER FOR METRO GOVERNMENT TO DO ON ITS OWN, AS OPPOSED TO DEALING WITH THE COURTS FOR CRIMINAL ACTIVITY. YOU KNOW, TO WHAT EXTENT ARE PEOPLE GOING TO KNOW ABOUT THIS? BECAUSE IF IT'S NOT REALLY BEING ENFORCED RIGHT NOW, BECAUSE THE COURTS AREN'T PRIORITIZING IT, I'M VERY CONCERNED ABOUT YOU KNOW, JOE, WHO'S WHO'S SELLING WATERMELONS ON WEST BROADWAY LATER ON THIS EVENING. SO THAT'S SOMETHING THAT'S IN THE BACK OF MY MIND AS I'M LOOKING AT THIS. AND I KNOW THE INTENT THAT THE SPONSOR HAS SPECIFICALLY FOR HIS AREA THAT HE REPRESENTS. BUT I'M ALSO THINKING ABOUT OUR FOLKS THAT ARE JUST TRYING TO GET BY AND DO THIS NOT TO HARM PEOPLE WHO ARE FARMING WAY, YOU KNOW, FAR AWAY FROM WHERE THEY LIVE AT. BUT I'M JUST TRYING TO SIMPLY GET BY AND DO WHAT THEY CAN TO FEED THEIR FAMILIES. SO I'LL MESSAGE THE CO-SPONSOR LATER ABOUT IT, IF I MAY, ENTERING INJECT HERE THAT I THIS WAS A COMPLAINT DRIVEN, ISSUE. SO I FEEL LIKE THAT JOE THAT SELLING WATERMELONS THIS EVENING ON WEST BROADWAY, IF NOBODY COMPLAINS ABOUT IT, YOU'RE GOING TO BE OKAY. AND RIGHT. I COULDN'T SPEAK TO THAT TO SAY THAT THAT'S HOW IT WOULD HAPPEN EVERY TIME. GENERALLY, WHEN YOU HAVE. WELL, I DON'T KNOW IF I COULD ANSWER THAT QUESTION. I THINK THAT'S FINE. FACTUALLY, IT DEPENDS ON THE SPECIFIC FACTS THAT THEY'RE DEALING WITH. SO DOES THE DOES THE ORDINANCE I'M SORRY, DOES THE ORDINANCE, GIVE AN OPTION TO WARN FIRST BEFORE A CITATION IS GO, COUNCILMAN BLACKWELL, I HOPE NOT. OH, OKAY. SO THE, I WAS JUST GOING TO SAY ONE OTHER THING WITH THAT. I DON'T KNOW THAT IT HAS BEEN A LACK OF ENFORCEMENT, BECAUSE FOLKS HAVE BEEN CITED, SO I DON'T THINK YOU'RE GOING TO SEE, LIKE, THIS IS GOING TO BLOOM INTO THIS BIG, HUGE ENFORCEMENT ISSUE. PEOPLE

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HAVE BEEN CITED. THE ISSUE WAS THE NEXT STEP OF IT ACTUALLY MEANING ANYTHING TO BE CITED. SO IF YOU GET CITED AND YOU IGNORED IT, AND THEN WE HAD TO TAKE IT TO, A CRIMINAL COURT, YOU KNOW, IT WAS A CRIMINAL COURT CASE. AND, YOU KNOW, THEY JUST DIDN'T THEY DIDN'T HAVE TIME TO FOOL WITH THAT, NOR ANY PARTICULAR, DIDN'T FEEL LIKE THAT WAS SOMETHING THAT THEY REALLY CARED ABOUT ENFORCING. SO IT'S NOT NECESSARILY I MEAN, IT REALLY I MEAN, I WOULD SAY IT'S NOT AT ALL A MATTER OF NOT BEING ENFORCED. IT'S A MATTER OF WHAT WAS THE NEXT STEP. ONCE YOU ENFORCE, ONCE YOU CITED THEM, WHAT'S THE NEXT STEP? AND NOW THE CASE IS GOING TO BE INSTEAD OF IT BEING A MISDEMEANOR, IT WOULD BE, THIS CIVIL PENALTY, WHICH WE HOPE WILL HELP US TO BE ABLE TO ENFORCE IT BETTER. SO IS IT AT THE DISCRETION OF THE ABC OFFICER OR THE ZONING OFFICER TO WARN, OR IS IT JUST WRITTEN AS IT IS THAT IT THAT IT WILL BE FIRST OFFENSE IS A CITATION? I THINK THE I THINK IT'S WRITTEN AS FIRST OFFENSE WILL BE THE CITATION. I THINK THE REALITY IS WE OFTENTIMES HAVE ANY NUMBER O, LMPD ISSUES OR ABC ISSUES OR CODE ENFORCEMENT ISSUES, I WOULD SAY MUCH TO MY CHAGRIN, WHO WILL START WITH A WARNING FIRST. SO, SO THAT OPTION IS THERE. IT'S NOT WRITTEN. IT'S NOT WRITTEN INTO THE LAW ANY MORE THAN IT'S WRITTEN INTO THE LAW THAT A POLICE OFFICER CAN PULL YOU OVER FOR SPEEDING AND GIVE YOU A WARNING INSTEAD OF CITING YOU.

BUT I THINK WE ALL KNOW THAT THERE'S A FAIR AMOUNT OF ISSUES WHERE THAT OCCURS. OKAY COUNCILMAN HUDSON, THANK YOU. CHAIRMAN, I HAVE TWO QUESTIONS. THE FIRST ONE IS, IT'S A FAIRLY COMMON PRACTICE AT FARMERS MARKETS FOR THERE TO BE A COOPERATION BETWEEN FARMERS, LIKE, FOR EXAMPLE, IF I HAVE A TOMATO FARM, I'M GOING TO BRING MY TOMATOES THAT I GREW. BUT I HAVE A RELATIONSHIP WITH A GREEN PEPPER FARMER THAT I TRADE TOMATOES FOR GREEN PEPPERS SO THAT I CAN SELL A VARIETY OF THINGS IN MY BOOTH AT THE FARMER'S MARKETS. WAS THERE ANY CONSIDERATION GIVEN TO HOW THIS LAW WOULD IMPACT FARMER'S MARKETS? SO I DON'T THINK, AND CORRECT ME IF I'M WRONG, BUT I DON'T THINK THIS PERTAINS TO FARMER'S MARKET. THIS PERTAINS TO PEOPLE SELLING THEIR WARES THAT THEY GREW ON THEIR PROPERTY OUT IN FRONT OF THEIR HOME. AM I RIGHT? IF I CAN ANSWER THIS TO SOME EXTENT, ONE OF THE REASONS WHY I PROBABLY COULDN'T ANSWER IT A LITTLE BIT MORE EDUCATED IS BECAUSE THIS REALLY ISN'T CHANGING WHAT A VIOLATION IS, IT'S JUST CHANGING THE WAY THE VIOLATION IS HANDLED. SO I DIDN'T SPEND A BUNCH OF TIME LOOKING AT THE IMPACT IT WOULD HAVE ON FARMERS MARKETS, BECAUSE THE IMPACT WOULD BE THERE. NOW, WE'RE NOT CHANGING THAT NECESSARILY. WE'RE JUST CHANGING THE WAY IT'S ENFORCED, BUT MY UNDERSTANDING IS THAT A FARMER'S MARKET WOULD BE REQUIRED TO GET A LICENSE TO BEGIN WITH. I COULD BE WRONG ABOUT THAT. THAT'S SOMETHING I'D PROBABLY WANT TO LOOK INTO, AND THIS WOULD NOT IMPACT IF THEY HAVE A LICENSE TO HAVE THAT FARMER'S MARKET AT WHATEVER LOCATION THEY'RE DOING THAT AT, THIS WOULDN'T HAVE ANY IMPACT ON THAT. OKAY. FAIR ENOUGH. THE SECOND QUESTION WAS, IN MY EXPERIENCE, IN IN THE SELLING OF FOOD THAT THE HEALTH DEPARTMENT IS THE ENFORCING ACTOR, WOULD THE HEALTH DEPARTMENT BE MORE APPROPRIATE TO BE ENFORCING THIS? I'M NOT SURE IF THE HEALTH DEPARTMENT ENFORCES THE WAY IT'S CURRENTLY ENFORCED IS USUALLY THROUGH ABC.

SO THAT'S BEEN THE AGENCY THAT, THAT HAS DEALT WITH THIS THE MOST. BUT HEALTH DEPARTMENT COULD ENFORCE, THIS ORDINANCE. I DON'T BELIEVE THERE'S A LIMITATION THROUGH HERE ABOUT WHO CAN ENFORCE IT. YEAH. OKAY. THOSE ARE MY TWO QUESTIONS. THANK YOU. THANK YOU, COUNCILWOMAN PARKER. THANK YOU. CHAIR, I THINK EVERYBODY'S PRETTY MUCH ASKED ALL THE QUESTIONS THAT I WAS GOING TO ASK, THE ONLY THING I WAS JUST KIND OF CURIOUS ABOUT IS WHAT IS THE ACTUAL COST OF OBTAINING THE PERMIT AND HOW LABORIOUS IS IT TO GET ONE? I WOULD NOT KNOW THE ANSWER TO THAT QUESTION. I COULD FIND THAT OUT. I COULD FIND OUT THE COST OF IT. I DON'T KNOW, IT WOULD JUST BE AN OPINION IN TERMS OF HOW MUCH EFFORT HAS TO GO INTO OBTAINING THE LICENSE.

COUNCILMAN BLACKWELL, DO YOU HAVE ANY IDEA? I DO NOT THE SITUATION THAT IS IN MY DISTRICT, THEY WERE REQUIRED AT THAT POINT TO HAVE A CUP, SO I DON'T I DON'T KNOW ALL THE DETAILS OF WHAT IT TAKES TO GET A CUP OR TO GET LICENSED. OKAY. AND IT DOES SEEM KIND OF THAT IT

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WOULD MAKE SENSE THAT A LOT OF THESE FARMER'S MARKETS, YOU CAN'T EMAIL INDIVIDUAL HOMES, BUT, YOU KNOW, THEY WOULD BE A GOOD VENUE FOR MAKING A LOT OF THESE VENDORS AWARE THAT THEY NEED TO HAVE A PERMIT. SO I DON'T KNOW IF THAT COULD BE DONE THROUGH THE HEALTH DEPARTMENT OR THROUGH ABC. BUT I DO APPRECIATE THE FACT THAT YOU'RE MAKING IT THE PENALTY LESS. BUT YOU KNOW, WE'RE ALWAYS FUSSING ABOUT, WANTING LOCAL FOOD VENDORS AND THAT THERE'S A FRESH FOOD SHORTAGE DESERT IN LOUISVILLE. BUT, I DO THINK IT'S A WARNING. THE FIRST TIME WOULD PROBABLY BE HOPEFULLY THE WAY TO GO, BUT I UNDERSTAND. I SEE BOTH SIDES OF IT. BUT, I THINK I WILL BE IN FAVOR OF IT. THANKS. THANK YOU, COUNCILMAN BUCKHORN. THANK YOU, MADAM CHAIR. IF IT'S OKAY WITH YOU, CAN I COVER TWO POINTS THAT HAVE BEEN DISCUSSED HERE? IF THAT'S OKAY? SO, TO THE LAST POINT THAT COUNCILMAN PARKER MADE WITH THE WARNING SITUATION, AND I THINK COUNCILMAN ARTHUR MADE, IF WE LOOK AND COUNTY ATTORNEY ROBBIE, IF YOU DON'T MIND CLARIFYING THIS FOR ME, IN SECTION THREE, THAT'S UNDERLINED THERE, OR PART THREE THAT'S UNDERLINED IN LIEU OF A CRIMINAL CITATION. METRO GOVERNMENT MAY ISSUE A CIVIL PENALTY FOR VIOLATION. SO I THINK THAT WOULD BE YOUR WARNING OPPORTUNITY THERE. WHERE THEY THE ENFORCEMENT, THE ENFORCEMENT DEPARTMENT WOULD BE THE ONE WHO DECIDES WHETHER THEY ARE OR ARE NOT GOING TO CITE, YOU KNOW, TO COUNCILMAN BLACKWELL'S POINT, HE SAID, I HOPE THERE'S NO WARNING MECHANISM. SO IF THAT'S WHAT HE WANTS, I THINK WE WOULD NEED TO CHANGE THE WORD MAY TO SHALL. BUT IF WE'RE GOING TO ALLOW A WARNING, I THINK IT NEEDS TO STAY AS MAY. I JUST WANTED TO CLARIFY THAT FOR FULL DISCLOSURE HERE IN THIS WAY. THIS IS READ TO THE POINT OF ABC. EVERYBODY. ABC STANDS FOR ALCOHOL BEVERAGE CONTROL, NOT HEALTH DEPARTMENT, I THINK PERSONALLY THAT THE HEALTH DEPARTMENT SHOULD BE THE ENFORCEMENT OF THIS SITUATION, THROUGH AND THROUGH, BECAUSE THEY KNOW THE INS AND OUTS OF WHAT FOOD, CODES ARE. WHAT WHAT THE PROPER, YOU KNOW, WAY TO PLANT CERTAIN THINGS, THE PROPER WAY TO CLEAN PRODUCE BEFORE THEY SERVE IT OR SELL IT, SO ON. AND SO FORTH. SO WITH IN DEFENSE OF THE ABC, I THINK THAT THEY'RE ALREADY UNDERSTAFFED AND, AND, AND HAVE A MULTITUDE OF ISSUES THAT THEY'VE GOT TO DEAL WITH ALREADY WITH PERMITTING AND LICENSING AND ALL THE RESTAURANTS AND BARS. AND SO ON. I THINK THAT THIS SHOULD BE UNDER THE PURVIEW OF THE HEALTH DEPARTMENT TO ENFORCE. AND I THINK IT'S UP TO US TO DECIDE THAT. BUT GO AHEAD. THIS THAT TO, TO ADDRESS YOUR FIRST POINT, I THINK YOUR INTERPRETATION OF IT IS THE CORRECT INTERPRETATION. YOU'RE THERE IS THE ABILITY TO ISSUE A WARNING IF THAT'S WHAT THEY SO CHOSE TO DO. IT'S NOT REQUIRED THAT THEY ISSUE A WARNING THOUGH, AND THEN TO YOUR SECOND POINT, ABC IS GENERALLY ENFORCEMENT AGENCY ON THIS. AND THIS IS JUST ME INTERPRETING WHAT'S HAPPENING.

IT'S NOT REQUIRED OF THEM. I BELIEVE IT'S BECAUSE THEY'RE THE AGENCY THAT'S GENERALLY ISSUING LICENSES. AND PERMITS, AND THERE'S A LICENSING AND PERMIT ASPECT TO THIS. SO THAT'S POTENTIALLY WHY THEY'VE BEEN THE MAJOR ENFORCING AGENCY BEHIND THIS. BUT IT'S NOT REQUIRED THAT THEY THEY BE THAT ENFORCEMENT ARM FOR THIS ORDINANCE. DO YOU MIND IF I, FOLLOW UP IF IN MY RESTAURANT I'M GOING TO SELL FOOD. ABC ISN'T HAS ZERO JURISDICTION ON WHAT I SELL OR DO IN MY RESTAURANT. THEY ONLY HAVE JURISDICTION OR THEY HAVE JURISDICTION OVER EVERYTHING I DO. AS FAR AS PERMITTING AND LICENSING IN MY BAR, HEALTH DEPARTMENT HAS TO GIVE ME THAT CERTIFICATE OF OPERATION TO SELL FOOD. SO WHY WHY DIFFERENT? I GUESS I DON'T MEAN TO. I'M JUST PLAYING DEVIL'S ADVOCATE HERE. ROBBIE. I'M JUST TRYING TO UNDERSTAND. WHY SHOULD WE? WHY SHOULD THEY BE TAKING CARE OF FARMERS MARKETS OR LITTLE FRUIT STANDS AND NOT THE RESTAURANT? THEN IN THE FOOD SIDE OF IT? I'M NOT SURE I WOULD BE THE ONE THE I WOULD PROBABLY NOT EDUCATED ON

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THAT ENOUGH TO ANSWER IT, AND I MIGHT NOT BE THE APPROPRIATE PERSON TO ANSWER IT TO, NOT TO AVOID YOUR QUESTION, BUT I'D PROBABLY BE DIVING INTO CONJECTURE IF I ANSWERED THAT.

AND THE REASON I BRING THIS UP IS IF YOU'RE SAYING THAT WE HAVE THE POLICE CAN ENFORCE THIS, ABC CAN ENFORCE THIS CODES AND REGS CAN ENFORCE THIS. WELL, AT THE END OF THE DAY, EVERYBODY'S DEPARTMENT IS UNDERSTAFFED. SO EVERYBODY'S GOING TO BE POINTING OH WELL 911 GETS CALLED FOR A FARMER'S MARKET ON THE CORNER. AND THEY'RE GOING TO POINT TO CODES AND REGS. AND THEY'RE GOING TO POINT TO THE ABC. AND IT'S JUST NOTHING'S GOING TO GET DONE. SO I'M JUST TRYING TO FIND HOW DO YOU NARROW THIS DOWN TO JUST GET SOLVE THE PROBLEM AT ONE STOP SHOP THERE ARE ORDINANCES THAT DICTATE WHO THE ENFORCEMENT AGENCY IS, THIS JUST ISN'T ONE THAT HAS THAT. BUT THAT DOESN'T PROHIBIT THAT FROM BEING PART OF THE ORDINANCE. THE WAY THAT IT'S SET UP. YOU CAN CHOOSE WHICH AGENCY ARM YOU WANT TO ENFORCE IN CERTAIN INSTANCES. AND THIS PROBABLY IS ONE OF THOSE INSTANCES. BUT I HAVEN'T PUT MUCH THOUGHT BEHIND THAT. BUT THIS ISN'T ONE WHERE IT HAS LIMITED, WHO'S ENFORCING IT VERSUS WHO CAN'T. BUT THERE ARE SOME ORDINANCES THAT ARE WRITTEN THAT WAY WHERE THEY'VE SPELLED OUT WHO THE ENFORCEMENT ARM IS. COUNCILMAN BLACKWELL, WOULD IT BE WISE FOR US TO MAKE A DECISION AS YOU'RE THE SPONSOR OF THIS, THIS LEGISLATION, TO PUT A SPECIFIC ENFORCEMENT ARM ON THIS, I DON'T, I DON'T KNOW THAT MATTERS TO ME. ABC IS THE ONE THAT HAS BEEN ENFORCING FOR WHATEVER REASON. I THINK BECAUSE OF THE LICENSING, AND THEN I THINK MOVING IT OVER TO A CIVIL WILL MEAN THAT CODE ENFORCEMENT WILL BE DOING THAT IN THE FUTURE. BUT WE CAN SPELL THAT OUT IF WE WANT TO SPELL THAT OU. I WOULDN'T DO HEALTH DEPARTMENT BECAUSE I'D BE BRINGING SOMEBODY IN TO HAS NOT AT LEAST IN MY UNDERSTANDING, HAD ANY JURISDICTION OVER THIS ORDINANCE, EVEN BEFORE WE CHANGED IT A YEAR AGO OR TWO YEARS AGO. WHATEVER I DON'T THINK THEY'VE HAD ANY INVOLVEMENT IN IT WHATSOEVER. SO THAT WOULD BE MY RECOMMENDATION. COUNCILMAN ARTHUR, THANK YOU. A QUESTION FOR THE COUNTY ATTORNEY. I KNOW THIS AMENDS CHAPTER 115. DID YOU LOOK AT 118 REGARDING LOCAL FOOD PERMITS AT ALL? POTENTIALLY. I DON'T HAVE THAT IN FRONT OF ME. AND THE REASON I ASK IS BECAUSE I'M LOOKING AT CHAPTER 118 AND IT HAS CIVIL PENALTIES FOR VIOLATIONS. IT'S SPECIFICALLY ABOUT LOCAL FOOD PERMITS. IT SAYS FOOD SERVICE ESTABLISHMENTS, RETAIL FOOD MARKETS, SEASONAL CONCESSIONS AND COMBINATIONS THEREOF LOCATED AND OPERATING IN OUR CITY. AND THE REASON I BRING THAT UP IS BECAUSE THERE ARE ALREADY CIVIL PENALTIES THERE, AND THOSE CIVIL PENALTIES ARE BETWEEN $25 AND $100, AND THEY CAN STACK UP FOR EVERY VIOLATION. SO THE REASON I ASK IS BECAUSE I'M CURIOUS ABOUT THE APPROACH OF AMENDING 115 VERSUS TAKING 118. AND IF IT'S NOT WORKING WELL, OR PEOPLE DON'T CARE ABOUT THE PENALTIES THAT ARE ALREADY ATTACHED TO IT, WHY NOT JUST INCREASE THOSE? YEAH, WILL INCREASE THE PENALTIES THAT WE ALREADY HAVE FOR VIOLATING LOCAL FOOD PERMIT, IF THAT'S I MEAN, THAT'S PROBABLY NOT FOR ME TO IF THAT'S SOMETHING THAT YOU ALL WANTED TO DO, I CAN HELP FACILITATE THAT. IT'S PROBABLY NOT FOR ME TO DECIDE HOW YOU ALL WANT TO GO INTO ENFORCEMENT, HOW YOU WANT TO ENFORCE THIS. COUNCILMAN BLACKWELL, DO YOU HAVE AN OPINION? YEAH, I DON'T I DON'T KNOW IF THAT WOULD COVER IT OR NOT. IF YOU'RE TALKING ABOUT SOMETHING THAT IS, A I DON'T KNOW IF THE OTHER AREA THAT HE CITED IF THAT WOULD ACTUALLY APPLY TO THIS OR NOT, WHEN WE SEPARATED IT OUT, WHENEVER WE PUT THIS, THIS IN PLACE, I THINK WE WERE INTENTIONALLY TRYING TO SEPARATE IT OUT TO SOMEBODY WHO'S NOT THE, THEY'RE NOT GETTING A LICENSE, SO THEY'RE NOT GOING AGAINST THE LICENSE.

THEY'RE JUST NOT DOING IT AT ALL. THEY'RE JUST. THEY'RE JUST AVOIDING IT AT ALL WHATSOEVER.

SO I DON'T KNOW IF WE COULD HAVE, YOU KNOW, WE CAN IF YOU'D LIKE, WE CAN TABLE HAVE THE COUNTY ATTORNEY, LOOK AT IT MORE DEEPLY AND SEE IF IT GETS COVERED BY, BY THE AREA THAT HE DECIDED. IT DOESN'T SEEM LIKE IT'S THE SAME THING, BUT IT BUT IT MIGHT BE OR IT MIGHT BE ABLE

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TO GET TO THAT. DO YOU WANT THAT TO BE IN THE FORM OF A MOTION, OR DO YOU WANT TO FURTHER DISCUSS? I GOT NO ONE IN THE QUEUE. ARE YOU TALKING TO ME? YEP OH, IT DOESN'T MATTER TO ME.

THAT'S YOUR THAT'S YOUR CALL. IT'S YOUR COMMITTEE. I'M JUST. I'M JUST HERE. IF WE IF YOU FEEL LIKE WE NEED TO HAVE MORE CONVERSATION ABOUT IT, OR WE NEED TO SEE IF THAT IS THE CHANGE THAT IF, IF CHANGING THAT WILL BE, WILL, WILL HAVE THE SAME RESULTS. I'M FINE WITH IT.

IF IT'S GOING TO HAVE THE SAME RESULTS, I'M FINE WITH IT. OKAY. WOULD WANT TO MAKE SURE THAT I'VE GOT SOME CONSTITUENTS WHO'VE BEEN DEALING WITH THIS THING FOR 5 OR 6 YEARS. WE'VE BEEN DEALING WITH THIS. SO YEAH. SO WHAT'S THE WHAT'S ANOTHER TWO WEEKS? AND THERE'S ALREADY OTHER GROWING SEASON. SO AS THEY REMINDED ME, THE OTHER DAY, WE HAVE FOLKS WHO ONCE AGAIN USE THE SYSTEM TO GET AROUND, YOU KNOW, ANY KIND OF FAIR COMPETITION BETWEEN PEOPLE WHO DO THE RIGHT THING AND TO FOLLOW OUR LAWS AND PEOPLE WHO DON'T, AND THOSE WHO ARE ALSO CHARGING TAXES AND ON THE PRODUCTS THAT THEY SELL AND THOSE WHO CAN SELL THEM TO YOU CHEAPER BECAUSE THEY'RE NOT CHARGING TAXES. AND ONCE AGAIN, WE'VE LET THEM GET THROUGH A WHOLE ANOTHER GROWING SEASON. ALLOW THEM TO HAVE THAT ADVANTAGE OVER OUR LOCAL FARMERS, WHICH IS WHAT I'M TRYING TO CORRECT. YEAH I WAS JUST GOING TO COUNCILMAN CLARIFY. SO THE CHAPTER WE'RE LOOKING AT NOW SEEMS MORE BROAD FOR VENDORS, PEDDLERS, THE LOCAL FOOD PERMIT CHAPTER. I'M LOOKING AT IS SPECIFIC TO FOOD. SO I ASSUME THE INTENT IS AROUND FARMERS AND THEM SELLING THINGS THAT ARE, YOU KNOW, EDIBLE AND NOT NECESSARILY BROADLY VENDORS OF ANY SORTS. RIGHT CORRECT.

YES. OKAY. AND THEN I ALSO ASSUME THAT THE $25 WOULD PROBABLY BE TOO CHEAP TO DO.

WHAT YOU WANT TO DO WOULD BE, IN MY MIND. YES. OKAY. ALL RIGHT. WELL, I'M MORE THAN WILLING TO WORK WITH THE SPONSOR ON THIS, AND HOPEFULLY WE CAN MEET THE INTENT THAT HE HAS FOR SURE.

MEANING? YOU MEAN MOTION TO TABLE. SECOND, WE HAVE A MOTION TO TABLE, AND A VOICE VOTE. ALL THOSE IN FAVOR SAY AYE. AYE NOS. AND THEN, LIKE, SIGN. OKAY, LOOK, CAN WE DO A ROLL CALL? YES OKAY, VOTE IS OPEN. COUNCILWOMAN PARKER. SORRY, I HAD TO REFRESH. SO THIS IS.

COUNCILWOMAN PARKER. OKAY. I GUESS YOU DIDN'T GET IT. YES. TO TABLE. COUNCILMAN MULVIHILL. YES VOTING. CLOSING. YOU GOT FIVE YES VOTES OR THREE NO VOTES. OKAY MOTION TO TABLE PASSES, SO WE WILL GET THE ANSWERS AND HAVE THIS BACK BEFORE US, OUR NEXT MEETING, THE NEXT ITEM IS

[2. R-081-24 A RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCES APPROVING THE APPROPRIATION TO FUND THE FOLLOWING NONCOMPETITIVELY NEGOTIATED PROFESSIONAL SERVICE CONTRACT FOR THE LOUISVILLE ZOO CONCERNING A MENTOR/INTERNSHIP PROGRAM FOR THE ZOO’S BOMA (AFRICAN PETTING ZOO) AND AUSTRALIAN WALKABOUT EXHIBITS TO INTERPRET ANIMAL HISTORY, HABITAT PRESERVATION AND AFRICAN CULTURE FOR THE PUBLIC - (KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM/UNIVERSITY OF KENTUCKY COMMUNITY COLLEGE SYSTEM FOR JEFFERSON COMMUNITY COLLEGE - $140,000.00). Action Required By: February 2025 Sponsors: Pat Mulvihill (D-10) ]

R-081-24. RESOLUTION PURSUANT TO THE CAPITAL AND OPERATING BUDGET ORDINANCE APPROVING THE

[Adjournment Note: Agendas are followed at the discretion of the Chair. While an item may be listed, it does not mean all items will be heard and/or acted upon by the Committee.]

APPROPRIATION TO FUND THE FOLLOWING NON-COMPETITIVELY NEGOTIATED PROFESSIONAL SERVICE CONTRACT FOR THE LOUISVILLE ZOO CONCERNING A MENTOR INTERN PROGRAM FOR THE ZOO'S BOMA AFRICAN PETTING ZOO AND AUSTRALIAN WALKABOUT EXHIBITS TO INTERPRET ANIMAL HISTORY.

HABITAT PRESERVATION AFRICAN CULTURE FOR THE PUBLIC, KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEMS. UNIVERSITY OF KENTUCKY COMMUNITY COLLEGE SYSTEMS FOR JEFFERSON COMMUNITY COLLEGE OF $140,000. DO I HEAR A MOTION? SECOND, PROPERLY MOVED AND SECONDED, IT IS BEFORE US, AND I BELIEVE, MR. TAYLOR, ARE YOU HERE TO SPEAK ON THIS? THANK YOU FOR BEING HERE TODAY. IF YOU COULD IDENTIFY YOURSELF. YES. STEVEN TAYLOR, ASSISTANT DIRECTOR AT THE ZOO. THANK YOU.

YOU MAY PROCEED. SO THIS IS, I THINK, OUR 27TH YEAR. I THINK WE STARTED THIS IN 1998. THIS

[00:35:01]

RELATIONSHIP WITH GTC. AND WE BRING STUDENTS OUT. THEY WORK, AROUND 12 MONTHS OUT OF THE YEA, HELPING US TO LEARN ANIMAL CARE, INTERPRETATION, GUEST SERVICES, RESPONSIBILITIES AND IT'S ONE THAT I THINK HAS BOTH BENEFITED THE COLLEGE AND THE ZOO. OKAY. ARE THERE ANY QUESTIONS FROM THE COMMITTEE MEMBERS? I'D LOVE TO BE ADDED AS A CO-SPONSOR WITH ZOO MEMBERS. OKAY. I'D LIKE TO BE ONE AS WELL. ADDED AS WELL. ALL RIGHT, MADAM CHAIR, YES, SIR, THIS COUNCILMAN MULVIHILL, THE ZOO IS BEING IS IN MY DISTRICT A PROUDLY GOT TO REPRESENT THIS FOR NEARLY, GOING ON ALMOST A DECADE. SO THIS IS A GOOD PROGRAM. AND I THINK IT'S, THIS IS A GREAT COMMUNITY ASSET THAT WE HAVE. AND I JUST WANT TO THANK STEVE AND HIS TEAM FOR, CONTINUING TO DO GOOD WORK. I THINK SOMEBODY TOLD ME, AND MAYBE I READ IT SOMEWHERE. WE HAVE TWO NEW, BORN, ANIMALS, GIRAFFES AND TIGERS THIS WEEK. DID I HEAR THAT RIGHT? YES, YES. SO WE HAD A DRAFT CALF FIRST TIME IN 12 YEARS, A LIVE BIRTH LAST FRIDAY IN THE WEEK BEFORE, WE HAD A SUMATRAN TIGER CUB. SO, YEAH, WE'RE OVERALL. WELL THAT'S AWESOME. WELL, SO THAT'S A REASON NOT TO TAKE TOO MUCH OF THE COMMITTEE'S TIME A REASON TO TAKE YOUR FAMILIES, TAKE KIDS AND TELL OTHERS, COME OUT TO THE ZOO. I ASSUME THEY TAKE A LITTLE WHILE, BUT THEY HAVE TO WEAN FROM THE MOTHERS TO SORT OF GET READY. BUT I'M SURE COME THIS FALL, THEY'LL BE OPEN FOR THE PUBLIC TO SEE. OR CAN WE SEE THEM TOMORROW? YEAH. SO THERE'S CAMERAS ON BOTH INTERIOR AREAS RIGHT NOW. THE TIGER WILL BE A FEW MONTHS BEFORE IT WOULD BE BIG ENOUGH TO BE ABLE TO COME OUT AND GET ON EXHIBIT. THE GIRAFFE. WE'VE ACTUALLY, I THINK YESTERDAY IT WAS ABLE TO SPEND A LITTLE BIT OF TIME OUT IN ONE OF THE GIRAFFE STALLS SO THAT GUESTS COULD BE ABLE TO SEE IT. SO THERE'S A REASON TO GO TO THE ZOO. NOT THAT THERE'S A MILLION OTHER REASONS, BUT COME SEE A BABY GIRAFFE. AND IF YOU WANT TO WAIT A COUPLE OF MONTHS, YOU'LL SEE A BABY GIRAFFE AND TIGER. SO I ALWAYS TRY TO MARK IT FOR THE ZOO. IT'S A GREAT COMMUNITY ASSET, AND DISTRICT TEN IS VERY PROUD TO HAVE IT THERE. SO THANKS TO YOU FOR ALL YOU DO. THANK YOU. AND I THINK THAT I CAN'T REMEMBER. I THINK IT WAS IN THE 70S THAT WE HAD A SONG THAT IT'S ALL HAPPENING AT THE ZOO, SO I BELIEVE THAT'S APPROPRIATE HERE, SO THERE'S NO ONE ELSE IN THERE SHOWING YOUR AGE THEN? NOW SHUT UP. THANK YOU, SO HAVING THAT BEFORE US, I THINK THAT WE CAN GO WITH A VOICE VOTE. ALL THOSE IN FAVOR SAY AYE. AYE, NO. LIKE SIGN, SO THIS PASSES, AND WE'LL GO TO THE CONSENT CALENDAR. I THINK THAT'S ALL WE HAVE BEFORE US TODAY. AND, WE WILL SEE YOU NEXT TIME. THANK YOU. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.

Pending Legislation

Aug 15, 2024 Parks and Sustainability Committee

Pending Legislation

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