PORTLAND – The City Council thought better of a ban on formula businesses that it enacted three months ago in response to an outcry over a businessman’s plan to bring a Hooters restaurant to downtown Portland.
The City Council voted 7-0 Wednesday night to overturn the ban that critics viewed as hastily conceived and anti-business.
“It’s become painfully clear to me that the only way to go forward on this is to take a step back first,” said David Marshall, who helped lead the campaign for a repeal along with fellow freshman Councilor Kevin Donoghue.
The ordinance, which expires in 30 days, will be replaced by a task force made up of locally owned businesses and national chains.
The Business Diversity Task Force will study policies used elsewhere, such as store size limits and design standards, with the aim of maintaining the character of downtown Portland. The panel does not have a deadline to complete its work.
The original ordinance, passed in November, placed a cap on franchise and chain businesses, defined as having at least 10 identical stores or businesses. The ordinance came under fire after an outdoor sports retailer cited the ordinance in closing three stores, and a deli franchise owner said it forced her to look elsewhere to open a store.
Councilor James Cohen on Wednesday criticized it for having the potential to hurt successful local and regional chains. “My fear is that in our zeal to keep out a few businesses that perhaps some people didn’t want, the effect has been to keep out many businesses that we do want,” he said.
Councilor James Cloutier tried to block the repeal, saying that allowing the ordinance to stand would not preclude creating a task force.
“I don’t believe that the repeal of this ordinance is either wise or necessary in order for the work of the task force to go ahead,” he said.
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