The Belmopan Market Plaza, it's a popular commercial space in the capital, but tonight vendors are under pressure to pay up to the City Council or move out.
The dispute is one more legacy of the former mayor, Sharon Palacio, that her replacements are eager to erase.
The owner of the market plaza told us they are a little too eager:
It's called the Belmopan Market Plaza - a sprawling 3 acre lot in the heart of Belmopan where on an average market day, you can see hundreds of shoppers looking for anything from fresh market produce to jewelry, clothing, electronics, sometimes, even daycare and live music.
It's a thriving community commercial space - and its basis to operate derives from this 30 year MOU signed by the previous mayor, Sharon Palacio in 2021.
David Zabaneh, Owner Belize Market Plaza
"You would probably know with the property values in Belmopan, what it costs to be on three acres in the center of Belmopan. So our investment hinged on this MOU with them that we'd be able to conduct this business, to be able to afford to buy that property over that period of time."
But, the PUP council that succeeded Palacio's, says that agreement isn't worth the paper its written on.
A scathing letter from the council's attorney dated April first advises Zabaneh, quote "the MOU is null and void and is not legally binding on the Trade License Board as the former Mayor acted ultra vires her powers in signing the MOU on behalf of the Trade License Board, as well as granting and assessing Trade License fees."
The attorney refers to this clause, the very first point in the MOU which sets up a blanket trade license fee of 30 thousand dollars annually for a 5-year term, plus an additional 5-year extension.
Zabaneh calls it exorbitant but says he agreed because it's a functional model for his itinerant vendors:
David Zabaneh, Owner Belize Market Plaza
"But we looked at it where if we did it that way, in a sense it would protect the small business owner, because getting a trade license in Belmopan could take six months, seven months, if you're a farmer and you want to go sell and you have to go through all that red tape, I mean, you have to plan it one season ahead."
"It's basic if you want to start a business, it comes in $20 or $30 you don't have to sign a lease. You don't have to find a building today no long term rent. You just show up and bring your goods here. If you're a farmer, if you you know, if you're selling used clothes, whatever it is. So the whole thing is to have a place where people can conduct business freely without the big restraints that keep you back."
"And initially when we got our trade license approval, the trade license board, they were the ones to approve it. So I don't see how they're focusing on the MOU we had that was signed by Mayor Sharon Palacio. We have a MoU with the Belmopan city council."
But the council says the mayor had "no authority" and "These actions were beyond the scope of the former Mayor...her actions are considered ultra vires and without legal standing."
So now the council says the venders in this space are operating illegally unless they get a trade license from the Board and pay the requisite fees. They're advised to immediately comply:
David Zabaneh, Owner Belize Market Plaza
"They want all the vendors to apply for a trade license. But if they don't apply for a trade license, they give us, I think, April 15th, that basically a cease and desist that, you know, if everyone doesn't apply for a trade license at that point, they cannot conduct business."
Jules Vasquez
"And that's not realistic for what reasons?"
David Zabaneh, Owner Belize Market Plaza
"It's not realistic because we already have an MOU in place. We have already been granted a blanket trade license from the trade License Board, and it's just, you know, it's a deterrent for anyone doing business to not be able to just get up and decide this morning I'm gonna go sell."
Jules Vasquez
"What are you all willing to do? How fare are you all willing to resist this demand from the City Council?"
David Zabaneh, Owner Belize Market Plaza
"Well, from my end, I think their demand is unreasonable, unreasonable and unlawful. So we will continue to conduct business as the constitution of the lease allows, right? We have a right to do so."
Jules Vasquez
"Sir, they will come and they will eject you all."
David Zabaneh, Owner Belize Market Plaza
"And that is fine. That is fine if that's what they want to do. But at the end of the day, if they want to pursue, I think, you know, it's a matter for the courts to decide."
Jules Vasquez
"Will you be seeking an injunction against the council?"
David Zabaneh, Owner Belize Market Plaza
"Yes, I already did that. Well, the attorney sent a letter back to them. From there what we're going to do based on their response, you know, it's not for them to decide whether the previous mayor acted, you know, within her capacity. But I believe that's for the court to decide at that point. But heavy investments were made based on that MOU. A lot of our business and what we did moving forward, buying the property that hinged on that MOU to have, you know, that security to invest millions of dollars to keep the market going."
"So my entire business hinges on that really."
The letter from the city council says that on Monday, representatives from the Trade License Team will meet with the Market Plaza vendors to assess the appropriate fees. The Plaza - they say - will also have to pay its own trade license fee. It closes by saying, "The...Council will take the necessary steps to ensure that all legal requirements are met..."