City can't help service clubs, mayor declares
The city can do little to help service clubs looking to sell food at the annual trade show because Midnight Sun Coffee Roasters and Subway have an exclusive agreement at the Canada Games Centre (CGC) and event organizers signed a contract recognizing that.
The city can do little to help service clubs looking to sell food at the annual trade show because Midnight Sun Coffee Roasters and Subway have an exclusive agreement at the Canada Games Centre (CGC) and event organizers signed a contract recognizing that.
Mayor Bev Buckway said today she feels the situation of service clubs such as Mothers Against Drunk Driving and the Kiwanis Club is unfortunate but there is little the city could do.
'We can ask them to waive (their contractual rights) due to public pressure, but it's their decision,' she said.
'A contract is a contract, so we're not going to be able to waive that.'
Bob Downey, a trade show organizer for the Laberge Lions Club, said Monday he was shocked to learn that non-profit groups were having their plans to sell food in the CGC parking lot cancelled.
Downey said he signed an agreement two weeks ago that was identical to last year's contract and last year the show was permitted to have food vendors.
'This is exactly the same contract, and we were allowed to have food last year,' he told the Star today.
'For them to enforce it is something perfectly brand new to me,' Downey said.
According to the Facility Rental Agreement between the city and the Laberge Lions Club, signed on April 13, organizations using the facilities are not allowed to sell food without the city's consent.
Section nine of the agreement's rules and regulations state: 'Renters cannot sell or serve food or food products, sell raffle tickets or in any way, shape or form sell services that could interfere with the City of Whitehorse and its suppliers, without prior written approval of the City of Whitehorse.'
'The undersigned has read and on behalf of the Renter agrees to be bound by this agreement and the rules and regulations herein,' the contract states.
CGC acting supervisor Tammie Hennigar said no written permission was provided to the Lions Club.
'We became aware on Monday when I got a list that they were requesting that food vendors be here,' she said.
City manager Dennis Shewfelt said today the agreement for the trade show is with the Lions Club and the city had no dealings with individual vendors.
'It's the Lions Club that signs the booking contract. The city doesn't enter into each and every agreement (with booths at the trade show),' he said.
'It would be up to the Lions Club to explain the terms and conditions of the contract to ensure it is understood,' he said.
Parks and recreation manager Linda Rapp said her department will ask the Midnight Sun and Subway if they're willing to waive their lease agreement rights if asked to do so by council but that the CGC has to respect their lease agreements.
Zola DorÈ, the owner of the Midnight Sun Coffee Roasters Inc., said she feels bad that service clubs won't be able to sell food at the trade show but that in the slow summer months, business is tough at the CGC.
'I know the first year, the trade show wasn't that busy for us and it's in a time of year that's very slow.
'As for us having competing businesses out there, it's really slow,' she said.
'It's difficult that it's service clubs, and we feel for that, but I'm paying a large amount of money so I have to make money where I can.'
According to the city, Subway pays $20,000 a year for the first five years of its lease and $24,000 for years six to 10.
The Midnight Sun, according to the city, pays $26,000 for the first three years of its lease, $28,000 for years four and five and $30,000 for years six to 10.
DorÈ said if she is asked again to waive her lease rights, she may be forced to reconsider her position.
'If it meant the enjoyment of everybody that came to the trade show, I'd say by all means we can do it.'
'Do they come to the trade show for food?' DorÈ asked.
'In my mind, community comes first, but I have to stay in business if I'm going to help the community.'
Officials with Subway could not be reached for comment.
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