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Twilight market shut down

Whistler says outdoors artisan market conflicts with bylaws

One month after a group of local artisans started holding weekly markets on the Westin Resort's outdoor plaza, the municipality's bylaw department has shut down the Twilight Artisan Market.

Market organizer Tess Klein said she first learned the five-week-old market was breaching bylaws when she got a call from the municipality on Thursday, Aug. 6, the day before her scheduled Friday market.

Klein was told that because her market was in public view, it contravened the municipality's bylaws, even though it is held on private property. As a result, each vendor could be fined up to $250, with a maximum penalty of $2,000 each if the dispute went to court.

"Both the Westin and I were shocked when we got the call," said Klein, who started the market on July 3 and is a long-time local jewelry maker. "We thought because it was on private property, we weren't doing something against the bylaws."

Klein decided to move the market indoors last week, and six of her regular vendors attended. Up until now, the market has had an average of 10 vendors.

This week, though, Klein has decided to scrap the market completely if she can't hold it outdoors.

"It (an indoors festival) is not really what the hotel or I want," said Klein. "It is the summertime, and we want to be outside. We want to create animation in that part of town and create an experience for both tourists and locals."

In order to continue holding the artisan market outside, Klein would have to get council approval.

Michele Comeau from the municipality said the only other comparable example of a market like the Twilight Market is the Sunday Farmer's Market, through the Blackcomb Merchants Association, which received a special approval from council in 1993.

Temporary outdoor markets, like those at Crankworx and the Telus World Ski and Snowboard Festival, also receive special approval, said Comeau.

"In terms of the process for something like this, a market would need to go through a process and come before council for approval, and this kind of use is not permitted without council approval," said Comeau.

"Similar to the Farmer's Market, which went through an extensive process before council, a similar process would have to be conducted for the market.... The policies are very strict."

To bring attention to the issue, Klein plans to write a letter to mayor and council. She has also started a petition that people can sign at her booth outside Portobello restaurant at the Farmer's Market in the upper village on Sundays.

The Twilight Market was born out of the Cornucopia market, which the Westin has hosted for the last six years.

According to Monica Hayes, spokesperson for the Westin, this winter a group of artisans, led by Astrid Cameron Kent, asked the hotel if they could hold a Cornucopia-like market inside the building during the winter. The Westin agreed because the market "was a wonderful amenity as an extra for guests staying in our hotel and also for guests travelling through the village," said Hayes.

Klein then approached the hotel in the summer and asked if the artisans could hold a market on the Westin's outdoor plaza each Friday from 3 p.m. to 8 p.m.

Hayes said the market has not been a revenue producer for the hotel, but rather a chance to animate that part of the village.

"As a hotel, we are still trying to search out the clarification on this bylaw," said Hayes.

The bylaw in question reads: no person shall sell or offer for sale any goods or canvas or solicit business on a highway, in a parking area where the public is invited to park vehicles, or a public walkway, pedestrian way or plaza, unless licensed under the municipality.

Whether goods can be sold on private property is open to interpretation, Hayes pointed out.

Almost all the vendors who were part of the Twilight Market are also part of the Sunday Farmer's Market, and most people hail from Whistler, Squamish and Pemberton. There are a few vendors from Vancouver.

Klein said businesses surrounding the Westin's plaza generally supported the festival because it helped draw people into that area of the village.

Scott Grieve from the nearby Rocky Mountain Chocolate Factory agreed that the market didn't negatively impact his business.

"It has been gaining momentum. The last one we had was quite good. We combined it with the Art Walk," said Klein, who has been paying for the market's advertising out of her own pocket.

"I don't want to close it. I am doing something positive. I am trying to create something good and business for people who don't have a regular outlet, like artists and artisans."

This is not the first time the 14-year Whistler resident has run up against bureaucracy in her quest to host an artisan market. Klein has been trying for years to start a similar event elsewhere, and finally decided to hold it on the Westin's private plaza to avoid the red tape.

She stressed this week that she doesn't want to break any bylaws, and she is willing to do what it takes to hold the artisan market outdoors.

"I love Whistler," said Klein. "I think it is a great community, but it is hard to work around all the red tape and bureaucracy. We are doing our best, and we don't want to break any laws."

The last day of the market, which focused on crafts instead of produced, was originally slated for Sept. 4.