How much can town protect small business from competition?

Should groceries sell flowers?

By Mark Reaman

Can town regulate whether the local grocery store can sell flowers? Probably not, but the Crested Butte town council touched on the subject at the December 2 council meeting before deciding to look at ways to support owner-operators of local businesses in town during the drafting of its Community Plan.

The issue arose during the public comment portion of the meeting when Sarah Hausdoerffer, a co-owner of the flower shop Bramble and Bloom, informed the council that since the Clark’s Grocery Store remodel that included a spot to sell flowers, her business has been hurt.

“We are concerned Clark’s is taking over the flower business with mass produced flowers,” she said. “Our sales have dropped significantly since they started doing that. We are wondering if there is anything we can do? My sister and I are a small local business, and they feel like a chain store.”

During the “Other Business” portion of the council meeting, councilmember Kent Cowherd asked if town could do anything to help. “Circling back to the concern expressed by a local business owner, should we address the issue of flowers being sold at Clark’s that negatively impact her local business?” he asked.

“Is it even possible?” asked councilmember Anna Fenerty.

“I could take a look at it if council wants, but probably no,” responded town attorney Karl Hanlon, citing Constitutional issues of equal protection and the commerce clause.

Fenerty pointed out that Clark’s also sells liquor, sushi and pizza and there are small, locally owned liquor stores, sushi restaurants and pizza shops in Crested Butte.

“The clear distinction in my mind is that it is food versus nonfood items,” said Cowherd. “It’s flowers and toys and things like that.”

“We all feel for our small businesses, said councilmember Mallika Magner. “Is there nothing to do?”

“I’m not sure there is a mechanism for this specific situation,” said mayor Ian Billick. “I think owner-operators are imbedded in the community in different ways and they are a valuable part of Crested Butte. But I don’t want to tell people what they can sell or not sell. That feels uncomfortable. I think there are policy reasons to support owner-operators if we can get there. Maybe it is part of the upcoming Community Plan.”

“It is a big deal that she showed up and asked us for guidance,” said Fenerty. “It is worth looking into.”

“These types of businesses are more exciting businesses and more authentic for Crested Butte,” said Magner. “It helps with our overall retail environment.”

Town manager Dara MacDonald told council the issue could be part of the conversation with the Community Plan. “It won’t be simple. But what is anymore?”

“If council wants to do something my advice is that they shouldn’t just arbitrarily make that decision,” added Crested Butte Community Development director Troy Russ. “The Community Plan is a good place to have that discussion.”

Council agreed and that will be part of the upcoming discussion.