Rt. 1 Vendors Concern County
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Rt. 1 Vendors Concern County

Unlicensed vendors entice naive buyers at Route 1 flea markets.

Have I got a deal for you. That's just what the Southeast Fairfax Development Corp. (SFDC), Fairfax County Police, Mount Vernon and Lee District supervisors, commercial property owners and a group of angry citizens don't want to hear. Especially if it's coming from unlicensed vendors dotting the Route 1 corridor.

"These gypsy vendors just keep pushing the envelope. I've had them removed from the Sacramento Center parking area four times. I have personally challenged them several times. Weekends are the worst because they think government isn't paying attention," said Mount Vernon District supervisor Gerald W. Hyland (D).

His frustration is mirrored by that of Christine Tollefson, administrative assistant to Lee District supervisor Dana Kauffman. "The problem is you shut down one lot, and they move on to the next. We are trying to stay ahead of the curve," she insisted.

The problem is the "pop up" flea market vendors that use the vacant parking lots along Route 1 to sell everything from flowers and rugs to refrigerators, washing machines and even automobiles. In most cases, these vendors are not registered with the county and usually have none of the necessary permits and proper authorizations.

But the problem is not limited to just flea-market vendors, according to Stephanie Landrum, SFDC project coordinator. "We've had more than just unauthorized flea-market problems. Driver training schools have been using these lots, and even one school that teaches people how to drive tractor trailers," she said.

"These people are trespassing. We are doing our best to keep the property owners advised that their property is being used illegally. It's certainly not conducive to encouraging interest in the vacant properties," Landrum emphasized.

Two of the properties that have had repeat offenders are the vacated Service Merchandise lot in the 6600 block of Route 1 and the Hechinger lot at 7772 Richmond Highway. "Hechinger had no-trespass signs put up, but they were removed. Now they [the vendors] are back," Landrum explained.

"We are starting a multi-agency task force comprised of police, zoning, the two supervisors' offices, SFDC, the county Consumer Protection Division (which issues the necessary licenses) and concerned citizens," Tollefson said.

A REPRESENTATIVE OF Consumer Protection acknowledged it has no authority to act. It is dependent on police initiative for any enforcement of its regulations.

"Anyone who buys something from these people has no recourse because the county has no record of them. One person paid $3,000 for a car, and when they went to register it, they were told it was a stolen vehicle. It was confiscated, so they were out the car and their $3,000," Landrum said.

Representing Fairfax County Police in this effort is Lt. Michael Proffitt, Criminal Investigation Division. "The matter only came to my attention several months ago through Capt. Shawn Barratt. SFDC had alerted him," Proffitt explained.

"These are not your normal flea-market vendors. They are selling big items. I recently came upon a tractor trailer from North Carolina selling furniture. It's particularly bad on the weekends and in the warmer weather," he said.

"In Fairfax County when a vendor gets a license, it only allows them to sell door-to-door. The only way they can operate a stand is to meet other county criteria," Proffitt said.

There are three basic criteria vendors must meet to set up a stand, according to Proffitt:

* They must receive a waiver from zoning;

* They must have a retail sales license from the state of Virginia; and

* They must have a letter from the property owner allowing them to use the property for the purpose of selling merchandise

"Some property owners aren't even aware that these vendors are using their property. The last two Saturdays we have joined with State Police to patrol the Route 1 corridor to hand out warnings.

"In most cases when they are told they're in violation, they shut down and move on. We have not had to issue any summons. We are receiving voluntary compliance. Once they meet the necessary criteria, including permission from the property owner, they are free to do business," Proffitt explained.

"There have been a couple of cases where we were notified of stolen property being sold. In one case the owner of a stereo stopped to shop and spotted his own piece of equipment. We were able to retrieve it for him. The vendor claimed he didn't know it was stolen," he said.

Hechinger and Service Merchandise lots aren't the only sale spots along the corridor, according to Proffitt. "Another popular location is Route 1 and Fort Hunt Road. It usually draws those selling art works, rugs and that sort of thing," he specified.

It not just the illegality of the operation, according to Hyland, but the vendors’ methods as well. "They are operating in an unsafe way without any county controls. With cars pulling off and onto Route 1 to shop, these vendors are increasing the hazards in an already dangerous area," he noted.

With summer coming, Tollefson predicts that the situation will worsen. "In the summer they operate throughout the week. In winter it's usually only on the weekends," she said. "It's both a safety and aesthetic concern to all of us."

In this time of tight budgets and scarce resources, Hyland has one other concern. "They are also avoiding the sales tax."