Public Hearing - Consider a Code Amendment Pertaining to Mobile Food Units (food trucks).

Food trucks have been growing in popularity in recent years.  Some operators start out as a food truck then grow into a traditional brick-and-mortar restaurant space since independent restaurants are difficult businesses to start.  Some trucks are offshoots of established restaurants taking their fares on the road.  Some food trucks generally only operate at community events, fairs, and festivals, where some like to partner with other business types, such as brewery taprooms.  

Currently, the City treats mobile food units (a broader term for food trucks) the same as transient merchants.  Operationally, they are quite different from vendors that go door-to-door.  Staff feels that amendments to City Code are necessary so that these businesses are treated fairly according to their use.  This code amendment is intended to regulate food trucks that are open to the general public.  Other than the proposed licensing requirements, private food trucks can still be hired as catered events, such as a business' employee appreciation lunch. 

Proposed are two ordinance sections.  The first section creates a mobile food unit as an accessory use to an existing primary business use in Chapter 117 (Zoning Code).  Upon adoption, a food truck could locate on most business properties with the consent of the landowner (nothing is prohibiting the landowner from charging the operator a fee to locate there).  As an accessory use, the truck could not operate on vacant property or on a property when the primary business is closed for the day.  The food truck must leave the site at the end of its business day as well. Exceptions can be made in conjunction with the host business' multi-day special event permit.  

A provision that the food truck must not locate within 100 feet of the entrance to a restaurant is included.  The intent of this provision is to protect the established restaurants. This provision can be waived by the owner of the restaurant. 

The second section establishes business licensing procedures in Chapter 26.  Since Anoka County has heath jurisdiction, a County heath license is required to obtain the City's license ensuring proper food safety and handling techniques.  The bulk of the licensing requirements are the same or similar to other business license types.  

The City invites mobile food units to vend at various City events in parks throughout the year.  This ordinance does not affect those events, though the operators will need to get a City license for their unit.  

This ordinance does not authorize food trucks parking on public roadways to conduct business.  Additional sections of City Code will need to be modified to allow that.  Ice cream trucks and carts that traditionally drive up and down streets, only stopping when flagged down, are still being considered transient merchants.  
 

Notification was provided in the legals section of the Anoka UnionHearld on September 16.  Courtesy notices were also sent to the six food truck operators currently holding transient merchant licenses.  

The Economic Development Authority reviewed the proposed ordinance on September 8, 2022.  They raised concerns about fairness to other established businesses and if the 100-foot separation was far enough from an existing restaurant business.  No formal recommendation was requested, though individual members expressed a desire to have more food trucks in town.  Minutes of that meeting are attached to this report.

Alternatives:

1. Recommend approval of the ordinance as recommended by staff.

2. Recommend approval of the ordinance with modifications that the Planning Commission desires. 

3. Recommend denial of the ordinance keeping the existing regulations in place.  

Preparation of this ordinance is done through staff's normal duties.  If approved, a license fee will be required of the operator.  

Staff recommends approval of the Ordinance pertaining to Mobile Food Units.

Motion to recommend approval of Ordinance #22-25 modifying City Code pertaining to Mobile Food Units.