The Democratic Process and The Farmer's Market

The Democratic Process and The Farmer’s Market

The Democratic process has to be one of the most convoluted, chaotic, confusing, wonderful, beautiful things in the world…and it works exactly the way it was designed.

The Founders of our great country wanted to make sure that it was a difficult process to impose new laws on the citizens. When you see a room full of politicians debating like kindergarteners and seemingly getting nowhere, you can almost imagine Thomas Jefferson grinning from ear-to-ear at the absolute genius of those 4,500 words that have guided this country for nearly two and a half centuries…The U.S. Constitution.

But, you might ask, what does the U.S. Constitution have to do with business licenses, retail sales tax and the farmer’s market in Monroe City? It has everything to do with it. Besides the rules and laws of the U.S Constitution that we must operate under, the State of Missouri also has a Constitution and the City of Monroe City has a book of ordinances.

Sidebar: These documents were meant to be flexible and amendable…albeit difficult to change. There are laws on every book in the country that are outdated and irrelevant to the world we live in today. However, it seems that many lawmakers are only concerned with creating new encumbrances to our freedom, rather than taking the time to clean up the obsolete laws.

So, we do have laws, policies and ordinances that we have to operate under, and if we are going to enforce laws, policies and ordinances, we are going to do so fairly and equally across the board (see my view on policy enforcement from the Lake Gazette in January, 2011).

When the Council was approached by a tax-paying, small business owner in Monroe City who asked the question, “Why can people sell the same things in the park, without a business license or the collection of sales tax, that businesses sell?”, we decided that it was a very valid question, and I’ll try to explain why.

Our current ordinance (scroll down to page 150), or lack of, doesn't fully address the sale of ‘homemade’ goods or a Farmer's Market in the City limits. In general, the City has allowed 'homemade or homegrown' items to be sold without a business license or the collection of retail sales tax. This was meant to cover mainly produce that is grown in a garden and sold at a ‘Farmer’s Market’. Recently, the items being sold have included furniture, birdhouses, baked goods, etc.

All of these items are homemade or homegrown, but if I bake 20 loaves of bread and sell them in the park, how is that different than the 20 loaves of bread that are baked fresh at C&R every day? If I plant flower seeds in pots in my backyard and then sell them in the park once they start to bloom, how is that different than the owner of the greenhouse who does the same thing?

The posting on facebook and the subsequent comments are what prompted me to post this reply. I love public debate and public input; it’s what makes for a healthy community. However, those posting on facebook don’t have all the facts (probably because they got their information from the local newspaper, which will be the topic of my next post, so stay tuned for that!)

The newspaper stated ‘(Jackie) Pangborn said that she has received several inquiries whether individuals that sell items at St. Jude’s Park should be required to have a city business license and remit sales tax. The board moved to take up the matter at a later date.’

What the paper left out was all of the discussion that occurred between ‘Pangborn said…’ and ‘The board moved…’

Here are the official minutes of the meeting

‘Jackie Pangborn said that she has received inquiries why the Amish and other individuals can sell products in St. Jude’s Park without a business license and not have to collect sales tax while established businesses are required to have a license and remit sales tax. In the past the City had a Farmer’s Market in which individuals could sell the products that they made at St. Jude’s Park and not have to have a business license. Attorney Wilcox said that in his opinion the cost for managing the City’s business license program is not worth the revenue that it generates, which is about $6,400.00 per year. However, if the City is going to maintain its business licenses, everyone should be held to the same standard. Mayor Minor said that he agrees that the City should not require business licenses. After discussion, the Board decided to table this matter until it is determined exactly what the City has designated as the Farmer’s Market in the past.’

I am fully in favor, and have been for quite some time, of completely doing away with City business licenses. It is my goal to make Monroe City the most business friendly town in the nation, and charging $25 for a piece of paper signed by a few City officials does nothing to make us business friendly…it’s just one more unnecessary expense and deterrent to starting a business here.

I understand why the comments on facebook were so harsh and critical, but when the facts are presented (please come back soon to read my post regarding the FACTS about the City’s transaction with Lakeside Casting Solutions), I hope people will see that the decision makers at City Hall are not out to make a dime any way possible, and in fact are trying to do just the opposite. During my three years as Mayor the City’s annual operating budget has been reduced from $12M to $8M. That’s a 33% reduction in expenses (I’m also drafting a post regarding city expenses and utility rates, so check back for that as well.)

Let the democratic process work. We will discuss this issue again when a little research has been completed and we determine what State Law has to say about it. Post a comment on here or let your alderman know your thoughts. But understand that whatever is decided, it will be applied equally to all, and there are pros and cons to any decision that is made.

I may have gotten a little off topic here, but I have been considering this blog for quite a while and the timing was right. I want a public forum and I want input from the citizens I have been elected to lead. If you turn to the local paper for facts and details regarding decisions that are made at City Hall, unfortunately you’re going to be left in the dark. This is an opportunity for me to have an ongoing discussion, present the rest of the story and solicit feedback in hopes of making Monroe City a better place to live, work and raise a family.

Sincerely,
Mayor Neal R. Minor

As an afterthought - I want to point out that the Lake Gazette is recently under new ownership and I anticipate having a great working relationship with the new owners and general manager. I have no reason to believe that the new management will be anything less than professional and unbiased journalists.

It is my sincere hope that the local paper will be the go to source for facts and details regarding City business and that this blog will provide a public forum for discussion of said business.