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HomeMy WebLinkAbout1993-12-13 94-41 ORDINANCEDate YeD-ag_pyn Item No. I-41 Itemisubiect: �� i Marlisrg �' N, Axt. 3, Sec. 3 of the Ian and of the City of Berger — R bite Besponsime Department: IVOensa Pewbiolo3is city Paager commnrtary: M wave xaattly approacLal by Yemen iaraece Baran, an attorney xe...mart; q Orledo Nati, sr. wttli the zegueat That w Brad tta City's ('uie of sw.t:.•^^`+^ to elimWt certain req � which are coxrmtly Planed on llceneed PawLalae. T beak chorge would ellmvate the req. for Pmmbxoioars to heep detailaw recover of the puahasus of property from tloe= planes of bueiness. Attacired you will firm a letter £.ren Fe. Baron, a COPY of car existing Oadiaance, a cepy of a recent state ]aw which changed state xegulatfon foe ' Pawnbalaxs. me. Baaon a Br. Frdti appeared Lefnm tta Mvucipal Operarhans C ttee which has reccm tl that we pvc a with thfe clangs. It hes also Learn xa ie by L the Polity Daps t e tic Legal Office amd wit3ct of t e DaPssrurenrs of the City have m objections w firms change. D",tmeas Head Manager's Commams: Sian neither Iegal nn the Police Departmamt have any cbjectf I wind recc meal that the cuu cA proceed wtttr this aarcAa2. Associater Information: AaarLn3tt, wetter from yevin sexton, Existing ovdinecs, State waw Budget Approval: II'' Fawx ves,m Legar�l,�Approval: 7i+%5 ]genre W%(( /+ dire fve w d A £Vil&tofia vd�t)i /err /i'ro( <Stda cur sau<;m. Introduced For mpawage TslotReading Page _ of Referral pate Wj20.13-23W Item No. 9 I-41 Item/Subject: =11slAIMr AmwdiM M. N, Art. 3, Sec. 3 of the I arcl Onlix�arces of the City of Bangor — aay.s.ta Rapomible pepenment Of g.icense to pmmb[olgEis City Maraget Commentary: Fie a xxently by Basion, an attone'Y req a cawt Oxlardo 1 ati ft. with tate request that we mtmei the City's (kids of Ordinances to el+mr.ute cexiafn xe9aixerents witich ate c uxmstly 1p + on licmtsal narmbml�s. 9a basic chaz would elimtnate the .e;� fox Pmmhio to keep de eei mminds o£ tte punchasens of pccpesty fxat tIlo= places of husisess. Attxhed yea w111 find a letter fi® W. Mason, a copy of aux existing @ditwice, a copy of a xecmu state law which changed state ,� fox Pa nbno)Qexs. Mx. sarmn and W. Fnatf appeared befom itse Mudcipal .ex� aamdttae which }as recaterertded That we F¢vo3etl with this cl ar . it has also beat =evicted by boT1s the Police Depaxtrent aM LTE legal Office asd mfthes of those CepvUo " of t City have any ciaj ora to this change. Marager's Comments: Sd smiles Segal mcgx the Eburs Ilep n t Save ary ebjectiats, 1 world vewmrerd that the lbsamll pn¢eal with, osis atnaidaast. m8 Aaociaad information' NrmvlveeR, lett' fiat Reytn Bavxon, 0tiatiM Ondinaee, State Smi Budget Approval: Legal Approval: City solivi,ar IntraducM For ckl Passage TRra reading Paye of etaral Auigaed to Cwuw:ilor Bls chette Deeemeer 13, 1993 9441 CITY OR BANGOR (TITLE)" Ch. rv, Art. 3, sec - -3 of tha Cna arct rh+a+.....e= of the City of Bangor' — BsQulrarents of Cicalae to PeamErokers Ba 6 ordatM MT As CW Cse ofW My NBn .ofd .* Ch. N, Art. 3, Ss. 3 of the Cans and Ordinances of t City of -Bpr is hereby aided to r ad as follows: Sec. 3 � of Cfcased B�Every perEm, fins or ccnpssa m engaged fn business fn the City of Bangor under license as provided by the laps of Uie state or onlvmices of the City, ae a pawnbroker' dell matm aad-xncaeh-6a€as6ay-£e-wei6ing-ac-9a, eregaektia€er to Hae office o£ the Bolfce Chiefr duriw reaular huainess hours a cos list or trareectiona mcorda cont ' � an aeaaaaEa account aeM dews€B€+ss of a pr paty mse#vsl hold in � @aRkaeL'9--st�aeldr - drFi_._. __ .__,E_int azd the naaa acl residence of the psmer_,-aellaErl haseer- ,-er €ter-€€a�r�eepeeaeass-�sde9-ee-dmfs-r.-iFA-ax9-xAe dsegecs '-tegeF.�-�fA-a-akaxarens-e€-she-sive Maes-seek-f�setY-woe-gaxm4r-s€€�A-Ta-A�'nr-6asHhf�-aeldar efNeew£ee-Yeddernelr�'aded��a3E-in. 94-41 ORDINANCE AMENDING CHATTER IV AR1.3 IN CITY :000Nah I)ECENBEk.13, 1993 ( TPI j SEC. 3 OF THE LAWS AND ORDINANCES FIRST READING `' OF THE CITY OF BANGOR REQOIRENENTE OF �LICENSE TO PAWNBROKERS CITY CLEIj.R IN CITY C00NC$L 1 DECEMBER 27, 1993 �uC iLwm Vote 9-Yes Voting Yes:. :' .erol,.eloeCoven, To Tut, SStone, Sullivan. 6 Tyler CITYERR 94-41 KEVIN LAWRENCE BARRON TTIORNEYATIAW ommec n.w THEMONE: MMamE �• o.o.scmwma.mmeaw The Ron. John Bragg , Bangor City Councilman Bangor city Ball Bangor, Maine 04401 FOR DELIVERY IN HAND October 18, 1993 re. Revision of BGR City Ordinance, Ch IV, Art 3, a. 3; Regulation of Pawn Transactions - Record Keeping 6 Regular Reports of Transactions to Benuoz PD Dear Mr. Bragg, The writer represents Mr. Orlando Frati, Sr. and his third generation buy/sell business at 55 State Street in your city. Mr. Frati has asked an to request the Bangor City Council to consider modest revisions to its pawn ordinance in of laws recently enacted by the Legislature to protect the public interest and the pawn industry. Specifically, my client has proposed revisions to the ordinance which comply with the recent acts of the Legislature and which would prevent new record keeping duties from placing an undue burden on his business. The net effect of the new State law and the proposed changes to Bangor's ordinance would keep the buy/sell and pawn business working in the city and assure the e accurate record keeping all have enjoyed over the years. For your convenientreference, I enclose a copy of the new State of Maine Statute, a copy of the current ordinance and a proposed redraft of that ordinance. My client and I also enclose some items of interest for the Council's perusal. The issue is straight forward and it typifies the problem one encounters when State law changes and local ordinance does not. The new State law and its definition of -pawn transaction" now brings the buy/sell business under its ambit and appears to require buy/sell businesses to comply with the City pawn ordinance. As you can e from comparison of the ordinance and the State law, the ordinance is more stringent in that itrequires the merchant to maintain personal records on the third -party purchaser -s well a the seller/pawner - of a pawned item. The State law hasno such requirement. In short, compliance with the pawn ordinance, as applied by n state statute, would c rm e his business substantial ha. Because s e State law n includes the buy/sell business under the rubric of pawn transactions, my client rightly believes that taking and maintenance of personal data on every purchaser of a pawned item transferred to inventory will result, eventually, in the closing of a downtown Bangor business that has served the community for some sixty years. He is certain that his customers will view 9944-41 T' these records as anof their privacy - what other cash purchaser would be required to disclose personal data? -and that customers will decline to make the purchases. My client's first-hand experience with the present City Ordinance when it was applied to the second hand ordinance several years ago has proved that purchasers do not purchase where they are required to produce identification and give aand address i what straight cash -fox -goods transaction. My client's proposed amendment to the ordinance would merely allow business to continue in compliance with new State law and satisfy the City's long standing regulatory interests. My client's proposal has recent precedent. You may recall how expanded application of the current pawn broker ordinance has been struck down on prior occasions. (See news clippings.) when the terms of City pawn ordinance were expanded several years ago to encompass regulation of second hand dealers, some two dozen businesses came forward to argue its repeal. Like the pawn business, the second hand dealers correctly believed that onerous record keeping requirements and violation of buyer privacy would force than to close their doors. That argument was accepted and prevailed in a special hearing and the ordinance was withdrawn. The history of the pawn ordinance may be of interest to you and your fellow councilmen. Almost twenty years ago, the Bangor City Council passed the current City ordinance requiring pawn brokers to keep detailed written records of both the person pawning an item and records of the name and address and other data concerning the purchaser of the pawn item placed for sale. Due to thehardships imposed by this latter requirement (especially collecting buyer data), persona in my client's line of business closed their doors on the pawn business and reopened as buy/sell houses, keeping all the appropriate state sales tax records and Paying the sales tax. Instead of making a loan secured against a item of personal property, the buy/sell house simply purchased the item outright and agreed to sell it back to the seller within a given time. The new State law appears to make the provisions of the pawn ordinance unnecessary. As you know, the pawn business has long been subject to regulation and the great many businesses like my client's cooperate fully with standing law and ordinance. In keeping with this spirit, Maine pawn brokers and buy/sell businessmen, their nationalaiation, CLSDA, and the Maine Attorney General met members of the 116th Legislature in Augusta before the April 15, 1993 enactment of Maine Public Laws, Chapter 59 (30-A M.R.S.A. see 3069, a ended). The new statute addresses a range of issues, including state licensing, keeping of uniform records, the duration of the pawn transaction and the amount of interest charged, a uniform consumer credit disclosure statement and filings with law enforcement agencies and Maine banking regulatory agencies. This statute passed with the Legislature and the industry in harmony and my client supported and was involved in its passage. As with any law or ordinance, the law making body usually sighs the benefits and burdens created by legislations The operating history experienced by the Fratis shows that leaving the current ordinance in place in the face of new State law would produce great burdens that greatly outweigh any expected benefit. My client has experienced virtually no problems with stolen articles in the current buy/sell, precious metals and second hand goods businesses. The Fratis regularly check the identity of seller (Maine driver's license) and, in any case, the vast majority of sellers are long-time frequent customers of the business. in point of fact, the Fratis have conductedover two thousand transactions this year a of October 1, 1993 and have yet to receive a single complaint about stolen items. Moreover, even if the pawn ordinance created substantial benefit to the public interest - which it does not appear to do - its application is not sensibly designed to achieve the intended purpose. According to the Fratis' experience over generations, only one item in thousands is discovered to be improperly pawned and, in nearly every instance, the event involves a dispute among family or household members. In such instances, the identity and location of the pawner are intimately known to the owner of the item. In truth, the pawned receipt of a stolen item is a rare, rare event, contrary to what the terms of the statute imply. The pawn ordinance creates an added complication due to the existence of licensing and regulation of the used goods buy/sell and precious metals businesses. (The Fratis hold a license of each of these as well.) A separate, supplementary set of records would only serve to increase what is already a large burden on a small family business. Finally, the Maine buy/sell dealer, the Fratis being n exception, has always kept detailed records of the seller's name and addreea and requested identification. As always, these records are open to inspection by all law enforcement personnel. In behalf of my client, I ask you to support the proposed change to Chapter IV, Article 3 of the City of Bangor Ordinances. Best regards, KEVIN LAWRENCE BARRON Attorney `arr� ncls.: City of Bangor Ordinance; Proposed Changeto Ordinance; 30-A M.R.S.A. secs. 3960 - 3969-A; assorted clippings PROPOSED REVISION OF CHAPTER IV, ART. 3, SEC. 3 OF THE BANGOR CITY ORDINANCES To read as follows: Sec. 3 Reuuirements of Licensed Pawnbrokers. Every Person firm or corporation engaged in business in the City of Bangor under license as provided by the laws of the state or ordinances of the city, as a pawn broker shall make ailable to the office of the Police Chief during regular business hours a correct list or transactions records ^ containing an " account " of property held in pawn ^ and the name and residence of the pawner ". C.6Yy - Of : f WC-OGt CHAPTER IV I • ARTICLE 3 - PAIMBROKERS p kp l No person, firm or -corporation orporation shall engage Sec. 1 - in the pawnbroker's business in the City of Bongo[ except under written license granted by the City, Council and issued utast the signature "OF the City Clerk. .*Definition$:. - e*(aJ Pawnbroker: any person. firma corpora cion engaged in the business of pewnbroklnR far which a. license Se required vada< _ 30-A H.H.S.A. 4 3961. .+(b) Dea1e[: any person, firm or ortvdio nuBedepersonal in hYrope l[Vas o[ purchasing. selling e 8 ll 1.1 License Fee. 'rho payment ofea fifty dollaereinbefore r fees Lo the City Clacked oa payment . inve in force 1 .3' Effective Date the f�rstnses a Monday9 11 in Maynextfello"ngYe tl u Riess Sooner [evoked by late OF the City Council' ext 1.3 Record Agent of LECanse The City Clark shall keep a acSuch k ke licenses and [ *tions in ae back kept And Properly indexed therefor. c s. Applications fav Pawnlicense shall Sac. 1 Application Been Irtent designer* the place where the basins Sa is m be carried on. Fir, Or SAC. J Re ul [omen to of Licensed Pawnbrokers. EveryRRnpa in ba sines* in C the ?ie!aa provided by the laws of IF¢ sur or ordi La nc es c e Bangor under ¢leans as Pi make and i each Saturday in eri lag at e City , an a pawnbroker spell return list (. 'clock in the foranodn, eta the office f ehePoltc¢ Chief. rico and containing an accurar"On et- sRd�eesii�2sOIA,d°i °fvraded or g "ie hold 1 p 6i h ld. p S.— - name tl d t thepa e d t`ti}bL,-- dgL _ °.dlor c .. t i n. s o o Arey" i d pc.*..r u, OARetNr*r wit �nf_E: v La 14 1 kF... kwt%=— a e Or carper*![Sen ¢ lie ^ne d shall de 3.1 'S1 M1e aired. Every Person- nigood co s ice a place and e I put and keep 4• tr t o a of such place of business, sign dfls ignating. �0 licensed paceb[eke and the name of such licensee. - A' Or ry Sec. 4. "Renaltles. Violations of any of the provisions of this ornance *fie City the conditions of any pawnbroker's license granted of Bangor shall be punished by a fine of not leas than fifty dollars snor more than are hundred dollars for each separate offense, an each Offense violation at any provision hereunder shall be deemed a Separate o *Amended February 13, 1989 c.0. 99-94 A*Amended January 14. 1991 - Effective 3anuasy 24, 1991 f:0. 91-44 •• 111. 1 sec. l- Sec. 4 94-41 94-41 KEVIN LAWRENCE BARRON ARoFNEYAT1AW () umm�axn U113flONE: Nf]gyM �• fm2!w reamnep The Hon. John Bragg Pamnm,eaxeaacn sem NOW Bangor City Councilman Bangor City Hall Bangor, Maine 04401 FOR DELIVERY IN HAND October 18, 1993 re, Revision of NOR City Ordinance, Ch IV, Art 3, e. 3) Regulation of Pawn Transactions - Record Keeping 6 Regular Reports f Transactions to Bangor PD Bear Mr. Bragg, The writer represents Mr. Orlando Frati, Sr. and his third generation buy/sell business at 55 State Street in your city. Mr. Frati has asked me to request the Bangor City Council to consider modest revisions to its pawn ordinance in w of laws recently enacted by the Legislature to protect the public interest and the pawn industry. Specifically, my client has proposed revisions to the ordinance which comply with the recent acts of the Legislature and which would prevent new record keeping duties from placing an undue burden on his business. The net effect of the new State law and the proposed changes to Bangor's ordinance would keep the buy/sell and pawn business working in the city and assure the accurate re cord keeping all have enjoyed over the years. For your convenientreference, I enclose a copy of the new State of Maine Statute, a copy of the current ordinance and a proposed redraft of that ordinance. My client and I also enclose some items of interest for the Council's perusal. The issue in straight forward and it typifies the problem one encounters when State law changes and local ordinance does not. The new State law and its definition of -pawn transaction now brings the buy/sell business under its ambit and appears to require buy/sell businesses to comply with the City Pawn ordinance. As you can e from comparison of the ordinance and the State law, the ordinance is more stringent in that it requires the merchant to maintain personal records on the third -party purchaser - as well as the seller/pawner - of a pawned item. The State law has no such requirement. In short, compliance with the pawn ordinance, as applied by new state statute, would cause e his business substantial harm. Because State Law now includes the buy/sell business under the rubric of pawn transactions, my client rightly believes that taking and maintenance of personal data on every purchaser of a pawned item transferred to inventory will result, eventually, in the closing of a downtown Bangor business that has served the community for some sixty years. He is certain that his customers will view these records as an invasion of their privacy - what other cash purchaser would be required to disclose personal data? -and that customers will decline to make the purchases. My client's first-hand experience with the present City Ordinance when it was applied to the second hand ordinance several years ago has proved that purchasers dont purchase where they are required to produce identification and give a n and address in what is a straight cash -for -goods transaction. My client's proposed amendment to the ordinance would merely allow business to continue in compliance with new State law and satisfy the City's long standing regulatory interests. My client's proposal has recent precedent. You may recall how expanded application of the current pawn broker ordinance has been struck down on prior occasions. See news clippings.( When the terms of City pawn ordinancewere expanded several years ago to encompass regulation of second hand dealers, me two dozen businesses came forward to argue its repeal. Like the pawn business, the second hand dealers correctly believed that onerous record keeping requirements and violation of buyer privacy would force them to close their doors. That argument was accepted and prevailed in a special hearing and the ordinance was withdrawn. The history of the paw ordinance may be of interest to you and your fellow councilmen. Almost twenty years ago, the Bangor City Council passed the current City ordinance requiring pawn brokers to keep detailed written records of both the person pawning an item and records of the name and address and other data concerning the purchaser of the pawn item placed for sale. Due to thehardships imposed by this latter requirement (especially collecting buyer data), persons in my client's line of business closed their doors on the pawn business and reopened as buy/sell houses, keeping all the appropriate state sales tax records and Paying the sales tax. Instead of making a loan secured against a item of personal property, the buy/sell house simply purchased the item outright and agreed to sell it back to the seller within a given time. The new State law appears to make the provisions of the pawn ordinance unnecessary. As you know, the pawn business has long been subject to regulation and the great many businesses like my client's cooperate fully with standing law and ordinance. In keeping with this spirit, Maine pawn brokers and buy/sell businessmen, their national association, CLSDA, and the Maine Attorney General met members of the 116th Legislature in Augusta before the April 15, 1993 enactment of Maine Public Laws, Chapter 59 (30-A M.k.S.A. sec 3069, as amended(. The new statute addressee s a range of i including state licensing, keeping of uniform records, the duration of the pawn transaction and the amount of interest charged, a uniform consumer credit disclosure statement and filings with law enforcement agencies and Mine banking regulatory agencies. This statute passed with the Legislature and the industry in harmony and my client supported and was involved in its passage. As with any law or ordinance, the law making body usually. sighs the benefits and burdens created by legislation. The operating history experienced by the Fratis shows that leaving the cuTrent ordinance in place in the face of new State law would produce great burdens that greatly outweigh any expected benefit. My client has experienced virtually no problems with stolen articles in the current buy/sell, preciousmetals and second hand goods businesses. The Fratis regularly check the identity of seller (Maine driver's license) and, in any case, the vast majority of sellers are long-time frequent customers of the business. In point of fact, the Pratte have conducted over two thousand transactions this year as of October 1, 1993 and have yet to receive a single complaint about stolen items. Moreover, even if the pawn ordinancereated a substantial benefit to the public interest - which it does not appear to do - its application is not sensibly designed to achieve the intended purpose. According to the Fratis' experience over generations, only one item in thousands is discovered to be improperly pawned and, in nearly every instance, the event involves a dispute among family or household members. In such instances, the identity and location of the pawner are intimately known to the owner of the item. in truth, the pawned receipt of s stolen item isa rare, rare event, contrary to what the terms of the statute imply. The pawn ordinance creates an added complication due to the existence of licensing and regulation of the used goods buy/sell and precious metals businesses. (The Fratis hold a license of each of these as well.) A separate, supplementary set of records would only serve to increase what is already a large burden on a small family business. Finally, the Maine buy/sell dealer, the Fratis being n exception, has always kept detailed records of the seller's name and address and requested identification. As always, these records are open to inspection by all law enforcement personnel. In behalf of my client, I ask you to support the proposed change to Chapter IV, Article 3 of the City of Bangor Ordinances. Best regards, KEVIN LAWRENCE BARRON Attorney `t- encls.: City of Bangor Ordinance; Proposed Change to Ordinance; 30-A M.R.S.A. secs. 3960 - 3964-A; assorted clippings 94-41 PROPOSED REVISION OF CHAPTER IV, ART. 3, SEC. 3 OF THE BANGOR CITY ORDINANCES To read as follows: Seca 3 Reouirements of Licensed Pawnbrokers. Every person firm or corporation engaged in business in the City of Bangor under license as provided by the laws of the state or ordinances of the city, as a pawn broker shall make " available to the office of the Police Chief during regularbusiness hours a correct list or traneactio orde containing a account of property eheltl in pawn and the name and residence of the pawner ". C� YY of goc-are sec. 1 CHAPTER IV ARTICLE J - PAHHEROHERG 94-41 I' '1 Resulted. NO person. firm a corparation shall engage Pawnbrokers in the paunbreker'ebueinun ra ithe city of Bangor except under written License granted by the city, Council and issued under rho Signature of the City Clerk. J*R finlilons:. firm a corporal a engaged In the business u (a) Pawnbrokers any per¢en, of pevnbraking for which n licence Is resulted under Jo -A N.g.s.A.' p 3961. A in the business at can *1(b) collect a ny person-'rm r corporation ur ing•[llinNtradinguFcdnpersonal property' 1.1 License Fee. The license herainbefore ce9uieed r,eaCit+e Clark. d on payment of a fifty dollar fee to 1,Z Ef fac[ive Bete f License. Such licensee shall continue in force until =�� she fere[ Monday 1" Nay n t fol la•'inF. vola is sooner revoked by vote of he City Council. the City Clerk shale rd cf such 1.3 d Re of Licensee -keep a eco nsaB d t Sans in aboek kept and ' 1 ime.ed therefor. proper y -Sec. 1 Application Re vire ents. Applications for plaacwvhv x vet ha business is license * Sal io Le design carried o t J Re uifamenke of Licensed Pawnbrokers- Every person. Eire or corporation - Sec. engaged in bur states Still Cir, o Sanger under license as provided by tLe .lawn of the tufa. of ordinances ro,enbe shall make and [ t ach 6atu rosy in writing list f Ca a pawnbrokerand 'clocks in the forenoon, to the office of the P I Chief. a c�o rxf at Containing an aG Luriawmnmm mold and'9eap.[.A Std. Waded or dealt {n. enc .,a + held in pawn, 6F ke1A d'.adque- "pe r_ r name d residentst to p w d [•no -ard • pawned: B fa:ec or prPmF A Seattle ontfsad [oaatlh Aaati Ie r Ar _ spiralr ration •e licensed shat Enquired'Eveperson, firm67 ee epi cna s plat and outside J.1 g1Put and keep f v n p a an of such Piece o[ bur sinews, sign designating,ua licensed pe'+nerak and the name of such licorice. - Sec•_4 Renal �t its, Violations of any of the pxovblom of [hie ordinance or any of the conditions of any pavnbroke ['a license fifty d llar$ nor J of Bangor shall hund radnished dollera far fine cM1 fnot a eparnis offensI so thane fiftyAnd each days cion o Lion hereunder dull be deemed a Sepaxau offense. violation hof any hu Prov _ '*Amended February 13, 1989 C.O. 89-94 1991 +*Aga aced Jenue[y Ib, - C.O. 91-44 1991 - Effective January 94,, Excerpt From Staff Memorandum for December 21, 1993 Planning Board Meeting Item No. 4: Amending Land Development Code - Chapter VIII, Part III, Article 14, Section 1 - Waterfront Development District - City of Bangor. C.O. $ 94- 42 a. The Waterfront Development District has been in existence for three or four years at this time, but has never really been used, as most of this area is yet to be redeveloped. At the time that the district was drawn up it was proposed have a kind of hybrid zoning use which would provide for Maine crafts, local manufacturing or processing activities which would be of interest to the visitor of the Bangor Waterfront area. However, this was never implemented in the zoning district language. Given recent interest in this kind of activity, the City is proposing to add an amendment to the waterfront Development District which would provide for such a unique waterfront use. b. The specifics of the use (which would be a conditional use requiring a land use decision by the Planning Board) would provide for limitations on the amount of floor area (20,000 sq. ft.); require sales and viewing activity related to the processing, crafting or manufacturing activity within the building and would prohibit any activity generating fumes, excessive noise, or airborne particles. C. Much of the land in question which is not presently developed is owned by the City of Bangor and by the Railroad. The most accessible part of the zoning district at the present time is the frontage along Front Street which is caned by the City. It is anticipated that additional safeguards would be provided for any development which took place on City property as part of the negotiation for long- term lease or sale of such land. d. Given the somewhat unique site where the riverfront and land activity join along the Bangor Waterfront, it appears necessary to provide for some unique activity which might _ take place in this area. Staff would recommend that the Planning Board recommend this zoning amendment of the Land Development Code to the City Council.