Chain store scrap
Landmark fight as Banff residents demand bookstore chain be barred
Cathy Ellis , For The Calgary Herald
Published: Wednesday, April 25, 2007
Banff — Banff may refuse to grant a business licence to Indigo Books in the face of a groundswell of public opposition to the corporate giant’s plan to open up shop in the national park townsite, putting its legal strength to the test once and for all.
The Town will also host a town hall meeting in May to get public feedback on chain stores that many argue are delivering a crippling blow to local mom and pop shops and ruining Banffs character.
More than 300 people have signed a petition organized by the Banff Book & Art Den asking council to control the rapid invasion of multi-nationals and big box stores, including Indigo Books, which is the largest book retailer in Canada.
Town manager Robert Earl said there are several documents, including the 1990 incorporation agreement with the provincial and federal governments, that he believes gives the municipality the legal grounds to knock back a business licence.
The municipality has refused business licences before, but never on the grounds the business was a chain store.
“The Town is going to take into consideration the recent swell of public opinion, and we will have to look hard at that application when it comes in,” said Earl.
“It is non-traditional, I believe, for business licensing to get into the arena of either allowing or prohibiting a business depending on whether or not it is a national chain or not. It is certainly unusual, but I believe that our laws were written with that in mind.”
The Town of Banff issued Indigo Books a building permit on April 17 for renovations to two existing retail spaces in Cascade Plaza. However, the company has not yet applied for the necessary business licence.
Banff’s business bylaw indicates no licence shall be issued to a business which, in the opinion of the licence inspector, is not necessary to meet the purposes and objectives of the town as set out in the federal-provincial incorporation agreement.
One of the key purposes of the town, also set out in Banff’s land use bylaw, community plan and Banff National Park Management Plan, is to maintain a “community character that is consistent with, and reflects, the surrounding environment.”
“The forefathers of the Town of Banff were wise enough to put these provisions in place to allow us to have control over business licensing as it affects our purposes,” said Earl.
“I would argue the only reason those words were included in this is for us exercising such power. I believe that the legal ground is solid”
For years, residents and small businesses have raised concerns about the demise of mom and pop shops and the emergence of chains such as Lululemon, Gap and Starbucks that can afford higher rents in Banff.
Small businesses argue they can’t compete with those kinds of deep pockets, saying the chain stores can sell their products at major discounts and write off losses over hundreds of stores.
For example, Indigo Books, which is owned by Chapters, posted profits of $41 million for its third quarter ending Dec. 30, 2006. On a year-to-year basis, revenues were $673.1 million, up from $661.7 million.
Gabin Wedin, whose family has owned the Banff Book & Art Den for 42 years, said she and her family would naturally welcome any move to stop Indigo Books heading to town.
But she is more concerned about the direction the town is taking and said Banff should follow the lead of other resort towns, particularly those in the United States, that have regulated the styles of businesses.
“There is no pace on earth like Banff. It is our responsibility to keep the Banff experience unique,” she said.
Long-time resident Kate Tooke called on council to stop Indigo Books coming to town.
“I think our community is fabulous. I dont want to see it become some sort of experience you can have in Calgary,” she said.
“If there is an opportunity to intervene to stop Indigo Books — that would be awesome.”
Former mayor Ted Hart, one of the architects of Banff’s 1990 federal-provincial incorporation agreement to set Banff up as a municipality, said he believes the legislation to refuse a chain store is shaky.
He said there is nothing in Alberta’s municipal planning laws to deal with this issue, arguing the only way to deal with chain stores is through an amendment to the incorporation agreement.
Hart said the Town could refuse Indigo Books a licence, but runs the risk of being sued.
“It’s like the need-to-reside. Its never been challenged in court. No one wants to go there,” he said. “You could refuse it, then see what happens.”
The news that Indigo Books plans to come to town follows the release of a new report that says the balance between chain and independent stores in Banff should be closely monitored.
That study, by Toronto-based urbanMetrics inc., which looks at the implications of Banff reaching the end of allowable commercial development, indicates the issue could be addressed through Parks Canada’s leasing process.
Several communities in the United States have taken action through local ordinances to control retail chains in order to protect unique character, including the North Beach area of San Francisco and Napa Valley, California.
Mayor John Stutz said this is the first time the issue of chain stores has officially come before this council.
“It’s my position that this council should take action on it,” he said.
A town hall meeting in May will seek public input on the right mix of local mom and pop shops versus chain stores, as well as other recommendations in the commercial build-out report.
Those recommendations include the possibility of expanding Banff’s retail offering, asking Parks Canada for exemptions to the growth cap for businesses geared towards locals, and protecting existing retail through spot zoning.
Indigo Books did not return calls.
— Cathy Ellis is a reporter for the Rocky Mountain Outlook
http://www.canada.com/calgaryherald/news/story.html?id=538b088f-d7de-4478-ad55-7c74ed0a64bd&k=85550
Battling the big boxes in Banff
Family bookstore rebels against chain’s arrival
Cathy Ellis, For the Calgary Herald
Published: Wednesday, April 18, 2007
One of Banff’s most renowned family-owned small businesses is calling on council to fight against the invasion of corporate giants it says is are delivering a crippling blow to local retailers and ruining Banff’s character.
Gabi Wedin, whose family has owned the Banff Book & Art Den for 42 years, is firing off a petition letter to council in the face of news that Indigo Books, the largest book retailer in Canada, plans to open in the Cascade Plaza.
Wedin said she’s long been concerned that chain stores are eroding the town’s unique character and wants council to consider ways of protecting local businesses, which are at a disadvantage against the larger retailers with deeper pockets.
Visitors to Banff don’t want to “a Calgary strip mall experience,” she said.
“We need to protect our local businesses. These big-box stores and chain stores are having an unfair advantage and going to knock out the local businesses.”
Residents and small businesses have been raising concerns about the demise of mom-and-pop shops and the emergence over the past decade of chains such as Lululemon, Gap and Starbucks that can afford higher rents and write off any losses.
Banff currently has no legal authority to control the number of multinationals or chain stores heading to town, but Wedin said it might be time to considers taking action.
“There’s great places all over the world, like Niagara-on-the-Lake (Ont.), where they have strict bylaws of what kind of stores can come into their town and what kind of chains can come into town,” she said.
“They’re gorgeous. They’ve kept it quaint and nice.”
Cathy Ellis is a reporter for the Rocky Mountain Outlook.
http://www.canada.com/calgaryherald/news/story.html?id=f637ffe4-f0a2-43da-9b64-8e306243b5e9&k=72114
