Review Draft Mobile Food Unit (Food Truck) Ordinance

The purpose of this case it to review a draft Mobile Food Unit (food truck) ordinance and provide comments to the Planning Commission and City Council.  Food trucks are becoming a popular option for cities and area businesses to provide additional food options.  Currently, City Code does not specifically call out regulations for mobile food units (food trucks). The City currently views food trucks as transient merchants and they are regulated through Article XIII of the City Code of Ordinances.  The cost for a 60-day transient merchant license is $100 with an additional $35 background check fee.  Staff has drafted a Mobile Food Truck Ordinance specifically for Mobile Food Units (food trucks) that clarifies regulations for this use.

The formal Ordinance adoption process  go through the Planning Commission and City Council. This case is an opportunity for the EDA to provide some input into this process.

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In order to provide flexibility to applicants,staff is recommending a tiered license approach for Mobile Food Units.  The proposed fee schedule is:

90 day license $100, plus $35 background check ($135 total)
Annual license $250, plus $35 background check ($285 total)

Staff has reviewed other Mobile Food Unit ordinances for other communities and the proposed fee schedule reflects a "middle ground" for licensing fees.  A matrix showing the fees and requirements for other communities is attached to this case.

The findings and purpose of the draft Mobile Food Unit Ordinance include:

Sec. 26-870 FINDINGS AND PURPOSE.
(A) Purpose. This chapter is enacted to establish standards for the regulation of mobile food units to protect the health, safety and general welfare of the people of the city.
(B) Objectives. The general objectives of this chapter are as follows:
(1) To ensure standards for the proper placement and operation of mobile food units.
(2) To meet consumer expectations of the safety of mobile food units.
(3) To ensure the temporary nature of this type of business.
(C) Scope. This chapter is applicable to all mobile food units where food, meals, snacks, beverages, or ingredients thereof are stored, prepared, or sold for consumption on or off the premises.

Draft Mobile Food Ordinance regulations/requirements include:

Sec. 117-365 Mobile food units.
Mobile food units are considered accessory to business uses with the following requirements:
(1) The owner/operator of the mobile food unit shall have written permission of the current property owner to locate in a designated area.
(2) The owner/operator of the mobile food unit must keep a copy of the mobile food unit license with the unit and demonstrate compliance with the license upon inspection.
(3) The area(s) designated for the mobile food unit and accessory outdoor seating may not block sidewalks, walkways, impede pedestrian or vehicular traffic, or interfere with public safety.
(4) Mobile food unit locations are limited to private property located in a COR, Business, or Employment District as listed in Chapter 117.
(5) Mobile food units shall be located on an asphalt or concrete surface.
(6) The owner/operator must provide trash/recycling receptacles for customer use and keep the site in a neat and orderly fashion, free from litter, refuse, debris, junk or other waste which results in offensive odors or unsightly conditions.
(7) Temporary freestanding signage is permitted in the form of up to two “A” frame or sandwich boards not to exceed six square feet per side. The signs must be placed within 10 feet of the mobile food unit.
(8) Mobile food units cannot be located within 100 feet of the main entrance of a restaurant or any outdoor dining area. This provision may be waived with written permission from the restaurant business owner.
(9) Mobile food units must vacate the property between 11:00 pm and 8:00 am the following day and return to its commissary kitchen or permanent registered business location. In no case shall a mobile food unit be open for business while the business at the property is closed.
(A) Exception. A mobile food unit may remain in place overnight in conjunction with a multi-day special event permit.
(10) Deviations from the standards above may be considered with a special event permit.

Staff is asking for comments and/or a recommendation by the EDA to the Planning Commission / City Council 

Alternatives:
1) EDA to provide comments to Planning Commission / City Council
2) EDA to provide a recommendation to approve language and fee schedule for Draft Mobile Food Truck Ordinance
3) EDA to provide a recommendation to approve language and fee schedule for Draft Mobile Food Truck Ordinance, with changes
4) Recommend that no Mobile Food Unit Ordinance be adopted and to continue to use Transient Merchant Section of Code
5) Something Else

 

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Based on Discussion

Potential actions include:

1) EDA to provide comments to Planning Commission / City Council

2) EDA to provide a recommendation to approve language and fee schedule for Draft Mobile Food Truck Ordinance

3) EDA to provide a recommendation to approve language and fee schedule for Draft Mobile Food Truck Ordinance, with changes

4) Recommend that no Mobile Food Unit Ordinance be adopted and to continue to use Transient Merchant Section of Code

5) Something Else