Proposed Saugus bylaw would ban ice cream vendors at town events

SAUGUS – An article headed toward Town Meeting is calling for a new bylaw that takes a direct shot at free enterprise.The bylaw, proposed by Selectman Michael Kelleher, seeks to prohibit transient vendors and transient operators from selling food or drinks of any kind within 2,000 feet of a food and drink concession stand that services the general public and is operated by a non-profit with the purpose of financially supporting a given facility and or the operation of the non-profit.Kelleher said he has no doubt that the debate on Town Meeting floor will focus directly on the argument that the bylaw squelches free enterprise, but he disagrees.His argument is that the concession stands attached to various parks and organizations are non-profit and are aimed at raising money for its given program.World Series Park Superintendent Robert Davis admits he was the impetus for the article.When the new park opened, it set up a concession stand and the money raised at the stand went to support the park. However, he said, the park was also immediately bombarded by three ice cream trucks that took business away from the non-profit stand.After explaining the fundraising aspect of the park’s concession stand, Davis said two of the ice cream trucks agreed to stay away but a third truck has not cooperated and insists on selling inside the park.”It would be different if he just sold ice cream, but he doesn’t,” Davis said.The vendor sells nearly everything the concession stand sells, pulling business away from the non-profit.”I suggested something be put in place, a town ordinance or a bylaw,” he said. “That way if one of the ice cream trucks shows up we could call the Police Department and they could enforce it and make them leave.”The argument, Kelleher said, will be that it’s a matter of free enterprise, which he doesn’t necessarily disagree with but added that the money lost to ice cream trucks and outside vendors is money lost to supporting local sports.The bylaw, if passed, would support Little League, Babe Ruth, American Legion baseball, Saugus Pop Warner, Youth Football and Cheerleading, Saugus Youth Soccer as well as other organizations.”It should be noted,” Kelleher added, “that this bylaw is in effect with 2,000 feet and only during such time that the concession is open and until one hour after closing.”He said any transient vendor would be permitted in the area at all other times and of course throughout any other area of town.Davis said it’s really a matter of courtesy.”Our concession stand supports our field,” he said. “It seems fair enough.”