[aclug-L] FW: , Please help save SaturdaySale computer sale

["Dale W Hodge" <dwh@xxxxxxxxxxxxxxxx>]

I know many of you probably got this already. What do you think of the
issues raised?  I personally would hate to see the sale leave the city.

--dwh

-----Original Message-----
From: www.saturdaysale.com [mailto:tim@xxxxxxxxxxxxxxxx]
Sent: Saturday, March 16, 2002 1:36 AM
To: dwh@xxxxxxxxxxxxxxxx
Subject: , Please help save SaturdaySale computer sale


Dear ,

Your monthly computer sale is in danger of being run out of Wichita because
of a city ordinance being wrongly applied to our sale. The purpose of the
ordinance is to protect citizens against unscrupulous "fly by night" street
vendors who could potentially come into the city with the purpose of
defrauding it's citizens, and then not be able to be found.

The ordinance specifies that it applies to "...who is not a resident of this
city, who engages in the temporary business of selling and delivering any
goods..."

If you have been attending our sale for any period of time, you know we are
not engaged in the "temporary business of selling and delivering goods," but
are a permanent and honest business providing a valuable benefit to Wichita
residents.

The City of Wichita Neighborhood Inspection Supervisor, Randy Sparkman,
cited one of the SaturdaySale producers with a criminal misdemeanor for
being an "itinerate merchant" on March 9th, during the most recent sale.
The details of this city ordinance can be viewed at:
http://www.wichita.gov/code/title_3/95/index.html .

Mr. Sparkman appeared at the sale with two armed policemen for the express
purpose of issuing the above referenced criminal citation. Mr. Sparkman
expressed his disdain for being required to work on Saturday, and
volunteered that he would not have done so had it not been for the regular
and continuous calls from a single citizen. Although we informed Mr.
Sparkman that we had previously been told the sale producers were not
covered under this ordinance, Mr. Sparkman could not be dissuaded from
issuing the citation. Upon being asked why he thought the citation should be
issued, and why it was applicable, Mr. Sparkman replied that he does not
carry a code book, and that he is not "an attorney or judge, and do not know
how to interpret the code, I am just here to issue the citation."

This is totally absurd on it's face, and an abuse of power. No official
should be allowed to issue criminal citations, where he professes to have no
idea of the applicability of the ordinance, as applied.

The sale producer discussed the details of this ordinance with City Attorney
Elizabeth Harlenske in April or May of 1999, and the city attorney expressed
an official view that this ordinance was inapplicable to the producers of
the sale (coincident with the sale being held at the Century II City of
Wichita Convention Center). That same City Attorney indicated yesterday,
that she remembers the discussion. But she now says the ordinance "may apply
to all of the dealers at the sale."

She expressed that the ordinance probably does not apply to the sale
producer who was cited with the criminal charge, but has failed to take any
action to ask that the charge be dismissed, as of today (Friday, March 15,
2002).

The expressed view that the ordinance may apply to the dealers at the sale
would very likely result in the closure of the sale, if upheld and
prospectively enforced. Each dealer would be required to appear at City Hall
before each sale and complete an application and pay a $35.00 fee, or be
subject to a charge of a criminal misdemeanor and a $500 fine, for each
dealer, for each sale.

Wichita has a history of being unfriendly to sales such as these, and in
particular, those which are not held in City owned venues. We have been made
aware, since the advent of these events, that the city has forced Gun shows,
psychic fairs, and other similar events out of the city in the name of
protecting residents. The report we received was that through a special
exception, once the psychic fair was moved to a city facility, it was
subsequently allowed to continue.

There is a single individual who has regularly and continuously called Randy
Sparkman at the City Inspection Office, according to Mr. Sparkman, asking
that some action be taken to rid Wichita of the blight of our sale. In an
effort to appease this one citizen, Mr. Sparkman has taken the action of
issuing this citation. We need your help in acting within the political
process to show the City that there are more citizens of Wichita who are
interested in seeing our sale continue than there are who would like to see
the demise of your sale.

For this reason, we are asking each of you to contact your councilperson,
and any other elected representative or city representative(s) as you may
desire, and let them know that we are not a temporary business, as defined
in the above city ordinance, and ask that you relate the kind of treatment
you have encountered and value you have received at the sale. Ask the
elected officials to relate their belief to decisionmakers that their
constituents do not believe the computer sale is a temporary business, or in
the alternative,  ask the council to amend the regulation to allow the sale
to continue to do business within the City of Wichita.

If this ordinance is to be enforced as threatened, it could have an
extremely negative economic impact on Wichita. Out-of-town dealers at Craft
shows, the RiverFest, Home and Garden shows, and all other similar sales
would likely stay away, because of the difficulty and inconvenience in
getting licensed, and the severity of the penalty for non-compliance. In the
alternative, if these type sales are not to be similarly regulated, it would
reveal an unconstitutional arbitrary and capricious bias against your
computer sale.

In order to make it easy for you to call, email, or write your respective
elected officials, we are forwarding several selected links and related
information: (in order to be taken seriously, you should include your name
and address in any correspondence, so that your councilperson knows that you
are a constituent)

Citation Information:
Issued To: Timothy Lane Wallace
Citation No.: I-2004076
Issue Date: 03-09-02

City Council Index Page:
http://www.wichita.gov/gov/government.asp

In case you do not know in which district you are located, we located the
following URL, indicating the Wichita districts (the map only reflects 5
districts, but the City Council page indicates 6 councilpersons, go figure!)

County District Map:
http://www.sedgwick.ks.us/commissioners/District%20Map.htm

You can view the general Web-based Council feedback form at:
http://www.wichita.gov/Contact_us/feedback_gov.htm

City Council Mailing Address:
City Hall, 1st Floor
City Council
MS-1-135
455 North Main
Wichita, KS 67202

Specific contact information for your respective councilperson:

District 1 Councilperson: Carl Brewer
http://www.wichitagov.org/gov/brewer.asp
Telephone: (316) 303-8020
email: Brewer_C <mailto:Brewer_C@xxxxxxxxxxxxxxxx>

District 2 Councilperson: Joe Pisciotte
http://www.wichitagov.org/gov/pisciotte.asp
Telephone: (316) 268-4331
email: Pisciotte_J@xxxxxxxxxxxxxxxx <mailto:Pisciotte_J@xxxxxxxxxxxxxxxx>

District 3 Councilperson: Phil Lambke
http://www.wichitagov.org/gov/lambke.asp
Telephone: (316) 303-8033
email: Lambke_P@xxxxxxxxxxxxxxxx <mailto:Lambke_P@xxxxxxxxxxxxxxxx>

District 4 Councilperson: Bill Gale
http://www.wichitagov.org/gov/gale.asp
Telephone: (316) 268-4331
email:  Gale_B@xxxxxxxxxxxxxxxx <mailto:Gale_B@xxxxxxxxxxxxxxxx>

District 5 Councilperson: Bob Martz
http://www.wichitagov.org/gov/martz.asp
Telephone: (316) 268-4331
email: Martz_B@xxxxxxxxxxxxxxxx <mailto:Martz_B@xxxxxxxxxxxxxxxx>

District 6 Councilperson: Sharon Fearey
http://www.wichitagov.org/gov/fearey.asp
Telephone: (316) 303-8064
email: Fearey_S@xxxxxxxxxxxxxxxx <mailto: Fearey_S@xxxxxxxxxxxxxxxx>

Neighborhood Inspection Supervisor
Randy Sparkman
Office of Central Inspection
City Hall - 7th Floor - 455 N. Main
Wichita, Kansas 67202
Telephone: 316-268-4479
Fax: 316-268-4663
email: sparkman_r@xxxxxxxxxxxxxxxx <mailto:sparkman_r@xxxxxxxxxxxxxxxx>
Web URL: www.wichitagov.org

(we understand that the person making the complaints about SaturdaySale
sells computers out of his home. Perhaps it would be pertinent to ask Mr.
Sparkman to investigate zoning violations by the person who generated the
complaints) (-:

City Attorney:
Department of Law
Elizabeth Harlenske
13th Floor - 455 N. Main
Wichita, KS 67202
Telephone: (316) 268-4681
Fax: (316) 268-4335
email: harlenske_e@xxxxxxxxxxxxxxxx <mailto:harlenske_e@xxxxxxxxxxxxxxxx>

We apologize profusely for violating our 2 emails a month maximum, but this
intrusion was mandated by the REAL threat to the very existence of your
sale.

PLEASE HELP! We are in hopes that through your efforts, OUR squeaky wheel
will get some grease.

Please let us know of any contacts you make on behalf of the sale, so that
we can have some way to measure what impact we might expect. Also, feedback
on any responses you receive would also be appreicated.

Tim L. Wallace and David B. Maus, Co-Producers, SaturdaySale






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