Start stocking up on lemons, kids.
Despite the Sunday snafu during the old car show, lemonade stands are not under attack in Appleton. The next big summer crowd pleaser is Art in the Park on July 31. There will be thirsty masses to serve. So, dust off the cash box and prepare for some squeezing if you live around City Park.
"Get out there. Stock up some lemonade because it's supposed to be pretty nice out. And good luck," Mayor Tim Hanna said Tuesday.
City and police officials have had a lot of explaining and backtracking to do since an officer shut down a lemonade stand set up by sisters Lydia Coenen, 10, and Vivian Coenen, 9.
The girls were near their home about 7:30 a.m. Sunday, getting ready to sell their lemonade to car enthusiasts heading to Pierce Park for the Appleton Old Car Show & Swap Meet when the officer told them the sales were prohibited by city ordinance.
The law, which went into effect last month, bars licensed vendors from selling food and drinks within a two-block radius of any special events. The key word is "licensed."
Lemonade stands are not regulated in the state, and there are no plans to do so in the city. As a public health issue, they are low-risk for food-borne illnesses, health officials say. Additionally, the city doesn't want to get in the business of issuing permits to minors.
Police chief apologizes
Police Chief David Walsh, in a letter sent Monday to members of the Common Council, said his department takes responsibility for the uproar.
"Not our finest hour, but I believe the officer was acting in the spirit of inter-departmental cooperation rather than malice toward childhood lemonade stands. We often have to tell good people that their actions violate an ordinance," he wrote. "In this instance, it appears we went a step too far. I'll make sure it does not repeat itself."
Sgt. Pat DeWall said officers will be trained on how to regulate who can and cannot sell food and drinks around special-permit events.
But public debate continued to rage Tuesday over how the ordinance came to be and what prompted police to mess with two little girls' business — a neighborhood tradition for the past 15 years.
City leaders approved the ordinance on June 1, acting on a recommendation from the Safety & Licensing Committee.
Trying to protect nonprofits
The proposal was introduced by Kurt Eggebrecht, Appleton's public health officer, who also is a member of the Appleton Fox Cities Kiwanis Club.
The group is one of the sponsors of the car show and the event's food vendor.
Eggebrecht said that as a member of a nonprofit he was sensitive to the fiscal challenges organizers face at special events.
He brought up ice cream trucks that circle events or arrive early to park in prime spots and cut into sales by nonprofits.
"There are vendors who don't pay for the event (but) profit from it," he said. "We have been struggling a little bit about the number of hours it takes to raise the dollars that we're (putting in).
"The last couple of years, we've had vendors that tried to literally come into the park and certainly park around the park. It's easier to be proactive and say, 'How do we assist in this process?"
So, on July 11, he sent an email to the police front desk to remind them of the new ordinance and ask for their help at the car show.
"The intent was as those ice cream trucks are pulling up and lining up, if those police officers could inform them of the ordinance change," Eggebrecht said. "Hindsight is 20/20. But we never have regulated lemonade stands nor will we in the future. That is independent of what this discussion was and what we were trying to avoid."
Public events costly
Car clubs and the Kiwanis pay about $35,000 to present the car show each year. The money covers permits, advertising, trash removal, facilities rentals and first aid. It ensures visitors and car exhibitors get in free.
Each year, however, the margin of profit shrinks, and organizers are paying more in licensing fees.
Paul Shrode, Kiwanis committee co-chairman for the car show, estimated his organization made $21,000 from Sunday's event. Two-thirds of that money, however, will cover costs, leaving the group with a profit of $6,000 to $7,000.
It was an improvement from 2010, when Kiwanis made a profit of $2,600, in large part because morning showers kept visitors away.
"Fundamentally, this is an opportunity for a group of civic-minded people to really do a lot of volunteer work and try to make a great event for the community as well as give back to the community," said Shrode, who noted that the car show is one of the Kiwanis' largest fundraisers of the year.
"I hope that the dollars raised don't mask the fact that this is an organization of people. We all pay our dues to be members, but there isn't a single benefit to any of us that comes from the fundraisers. All of the dollars that we raise in Kiwanis go back to the community. That is fundamental to our purpose and the nature of our organization."
Nonprofits like the Kiwanis have the mayor's backing.
"People who put the effort should be able to benefit. That's why they are putting the effort in. Ultimately, the community is the beneficiary," Hanna said.
No changes to ordinance
When the council meets today, don't expect for there to be any changes to the ordinance, he said.
Hanna stressed it was never intended to affect children running their lemonade stands or people who want to take advantage of their proximity to a special event and hold a rummage sale.
"I give a lot of credit to the family and parents for taking such a positive attitude," he said of the Coenen/Mann family, which made a point of saying police had nothing to apologize for. "They could have been pointing fingers and saying, 'Look at this big, bad government.'
"It could have been a whole commentary on the role of government, and (the mother, Margi Mann) recognized, 'You know what? They made a mistake. They came back. They apologized. What more do you want?'"