Thoughts on the Ban--Is it a ban?

As I noted earlier, I'd like to break my thoughts on the proposed chain store ban so they're easier to read and, frankly, to write.

I wasn't quite sure how, but the response from the SupportNBPT.com folks provided the perfect framework.

So, in the next series of posts I'll take on the points made to bolster the ban.

So here we go.

The first question is the most obvious one, is this a ban or isn't it. (Okay, two questions.

From the SupportNBPT folks:

Tom, the ordinance submitted is not a ban on chain stores. It is simply a mechanism to allow the community to have some input into what is done with our City. The ordinance can always be overridden to allow another chain store. Without the ordinance we have no say. Fowles could be taken over by Friendly’s; the Fitness Factory could become a Borders and the Grog could become a Chiles. This could all happen overnight.

Putting the fear mongering aside for a moment(nothing in this town happens overnight), I say...

I can't see how it isn't a ban.

Let's just examine the ordinance. Here is the ordinance, feel free to print it out and follow along at home.

The proposed ordinance states its purpose clearly.

The purpose and intent of this Ordinance is to regulate the number and location of formula businesses in order to maintain the City’s unique character, the diversity and vitality of the City’s commercial districts, and the quality of life of Newburyport residents.

So the ordinance is designed to regulate the number and location of formula businesses. In reading that, one might think the ordinance introduces some mechanism that could be used to give the public a voice in where these businesses are located or even how many will be permitted. John Well alludes to such a thing in his reasonable column in today's News. Perhaps a hearing in which the pros and cons are presented, and an appointed board (or perhaps the City Council) would then decide if the business was appropriate. (Frankly, I can't see how someone determines what is appropriate and what isn't, but hey...)

But I can't find such a mechanism.

Instead, the ordinance goes on to advise all city departments and commissions to defer to the following regulations in their review of applications for "building licenses, a building permit application, a conditional use permit, an application for occupancy or a design review..."

And number one on the list of regulation is...

A.No new formula establishments other than ones already operating at the time of adoption of the ordinance are permitted to operate in the downtown/waterfront area.

So how isn't that a ban? Furthermore, those chain stores already in town wouldn't be permitted to expand by much.

The one bit of flexibility I see is in the definition of chain or formula stores.

"Formula Retail" for the purpose of this ordinance, means a type of retail sales activity or retail sales establishment, including restaurants, and excluding business types listed in paragraph B, which, along with ten (10) or more other retail sales establishments, maintains any one of the following features: a standardized array of merchandise, a standardized façade, a standardized décor and color scheme, a uniform apparel,standardized signage, a trademark or service mark.

The ordinance goes on to give more explicit descriptions of the features.

So, if I'm reading this correctly, any company with 10 or more stores (or nine other stores I can't really tell) and/or has a consistent line of products and decor wouldn't be permitted to open a store downtown.

But those with fewer than 10 (or 9 stores)would be allowed.

So I guess this is NOT a ban on chain or formula if you consider stores like JL Coombs and Native Sun to be chain stores. Those businesses would be allowed to locate in Newburyport under the ordinance.

But let's be honest. When most folks think chain they're thinking Gap or Anthropologie, and by my reading those stores wouldn't be permitted under this ordinance.

So in my mind, this is a ban. I'm eager to hear if my reading is wrong.