City considers requiring vehicle dealers to own lots

Ordinance tabled for further review

MOSES LAKE - The Moses Lake City Council tabled an ordinance Tuesday requiring people selling vehicles to own the property where the vehicles are parked.

The ordinance is being considered to prevent various out-of-town businesses from selling vehicles on a leased lot for a short period of time.

City Manager Joe Gavinski said council might want to consider changing the ordinance to allow vehicle dealers who run a permanent sales lot on leased property.

The stipulation was previously in the ordinance but was removed because there is a possibility that someone could lease the property for a year but only use it for a few days, he said.

I-90 Chevrolet General Manager Brian Fause said he was concerned about auto liquidators coming to the city to sell vehicles and leave a few days later. He said there is nowhere for people to get help with any vehicle troubles that might occur because the business leaves the city immediately.

Fause said some of the temporary auto dealers issued bogus promissory notes claiming his dealership would fix any vehicle problems under warranties that don't exist.

"I just thought that was a little hokey and not in the best interest of the consumer," he said.

Often the temporary vehicle dealers over-finance consumers and place them in contracts they can't get out of, Fause said.

C & V Auto Owner Rich Childress said the most extreme case he experienced was when a woman brought in a Dodge Durango with a ruined engine to his shop. She was sold a fake warranty and was left with a $5,000 repair bill.

"These people aren't representing our industry in a positive sense," he said.

Councilmember Brent Reese asked what happens when people sell their personal vehicle by leaving it in a parking lot of a business.

Gavinski said there is an ordinance in place allowing code enforcement to have the vehicles removed regardless if the vehicle owner has permission from the business.

Councilmember Bill Ecret suggested creating a provision in the ordinance allowing local dealers to have off-site auto sales. He said he learned about the concern after talking with local dealership owners.

Councilmember Dick Deane questioned if the council was allowed to pass an ordinance preventing one business owner from encroaching on another business owner's geographical location. He asked if it was appropriate for the council to consider the ordinance.

Mayor Ron Covey said the ordinance was not written to protect businesses, rather it was created to protect consumers.

Councilmember Brent Reese motioned to approve the ordinance and Councilmember James Liebrecht seconded the motion.

Councilmember Jon Lane said he is concerned about the ordinance and would rather see what other cities are doing in similar situations before taking action. He said it appeared the council should go after "payday" loan companies to protect consumers and questioned where the enforcement would end.

Lane motioned to table the ordinance and Deane seconded. The motion to table the ordinance took precedence over the motion to approve the ordinance.

The motion to table was approved by Lane, Deane, Ecret, Richard Pearce and Covey. Reese and Liebrecht did not indicate their vote.

Covey said some of the suggestions to change parts of the ordinance will be considered and may be presented in the ordinance at a future council meeting.