In California, roadside stands are addressed in state rather than local law.
The state law exempts roadside stands from certain local health and building
codes i.e. they don't have to paint the walls a light color from the floor up
to 4' in height.
Roadside stands are imputed to be on-farm sales. I would suggest if your
goal is to support local farmers to increase their economic take so they stay
in business, you let them sell directly related adjunct merchandise like
pumpkin carving kits, apple peelers, t-shirts with their farm logo, as well
as value-added produce like jams, jellies, ristras, garlic braids, etc. The
adjunct merchandise, unlike produce is not perishable so the losses are less,
the margins are higher, and they lead to higher produce sales.
Around here CSAs don't fall under the roadside stand regs. The produce is
sold before it is picked up and the traffic is specific rather than general
public. Also most CSAs in this region have neighborhood drop-off points in
near-by population centers so not all CSA shareholders come to the farm.
The questions you asked seem to indicate local shopkeepers are concerned
about the competition they perceive may be coming from farm stands. This
needs more dialog with the townies rather than more regulation. There are
studies available (I don't have them but have seen references maybe someone
else can help here) showing the more retail in a given area (provided the
scale of the operations is similar) the stronger everyone's sales are.
Examples, in cities, shopping areas may find Macy's, Mervyn's, Penny's,
Sears, and Target within the same shopping area. Smaller towns may have an
"antique alley" or a group of gift and small clothing stores. It is not
uncommon to find McDonalds, Taco Bell and Burger King on opposite corners of
the same intersection.
Consumers percieve choice differently than retailers do. To consumers,
choice has to do with the look, feel and personality of the shop and
shopkeeper as much as the selection of merchandise. Retailers seem to think
choice means your store carries more than one color of socks.
Setbacks and parking issues drive me crazy. My personal opinion is that
government should get out of micro-managing the "how" i.e. specific set
backs, and look at compliance with "intent" i.e. "stands shall provide enough
parking to handle peak traffic flows in such manner as not to obstruct
traffic nor creat safety hazards to the driving public" This is common sense
(probably missing in your town like it is here) If cars parked at the stand
extend into the street and traffic has to drive around them, everyone is in
violation of the law. Think about it, if you can't park conveniently and
safely at a business, will you shop there? Of course not. Is it legal in
you community to park your vehicle in such manner as it blocks the roadway?
Of course not.
These kinds of discussions are less about what's fair than what's fear. A
good mediator could help everyone talk about what they want for their
community and what they fear for the community and their own businesses.
Townies need to know their farming neighbors, farmers need to let townies
know they frequent town businesses and are part of the economic fabric of the
comunity as well as the "quality of life"
Marcie