After a postponement to clear up some language, the city of Branson’s newest effort to control the accosting and soliciting of people as they walk down the public sidewalks in historic downtown Branson is but one step away from becoming final as the result of the actions taken by the Branson Board of Aldermen (Board) at its June 23 meeting. According to the Staff report accompanying the proposed change, “There have been several complaints brought forth by business owners to elected officials regarding sales solicitation in the downtown area.”
During the public comment on the proposed change Jackie Stevenson, identifying herself the owner and operator of a downtown business called “Branson Highlights,” said that this was the business everyone was talking about. Branson Highlights has a number of locations in historic downtown Branson on Main Street and Commercial streets.
She said, “We stand in the doorway, we greet the people; we do have free tickets and they come in and get them. We do offer, ‘Hey folks do you want to go on a tour.’ They do say ‘Yes’ or ‘No.’ Obviously, we have quite a few that do say ‘Yes’ or we wouldn’t still be in business for five years in this town.”
Stevenson asked Alderwoman Chris Bohinc, “And when you were first solicited by one of my people on the street did they chase you down the street, did they grab you by the arm?” Bohinc responded, “I have been followed down the street more than once, ‘Yes.’” Stevenson followed up by asking, “By my people in my stores?” Bohinc responded, “Before this came about I didn’t know which ones were your stores.” Stevenson said, “And they actually followed you and talked to you as you walked down the street?” Bohinc said, “Absolutely and I have seen it happen.” Alderwoman Sandra Williams recounted a similar experience that she had had while walking on the sidewalks in historic downtown.
As he had done on previous occasions, City Attorney Paul D. Link pointed out that the city already has a solicitation ordinance all that was being dealt with was the definition of the word “solicit.” Section 26-67 of the Branson Municipal Code (BMC), entitled, “Unlawful Solicitations,” makes it unlawful “to solicit when either the solicitor or the person being solicited is located on public property.” Another provision of the same section makes it a specific violation of that section to solicit when either the solicitor or the person being solicited is located on public property and “Within ten feet of the doorway to any business.” Currently the BMC does not contain a definition of “solicit.”
The definition of “solicit” that the board approved on its first reading at the meeting reads, “Solicit means to initiate contact with a member of the public by the offer of any free or discounted goods or services in exchange for any action on the part of that member of the general public.” Typically, the matter will be placed on the “Consent Agenda” for the Board’s next meeting, scheduled for July 14, and will become final if not removed from the Consent Agenda by the request of a member of the Board.
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