Adopt Ordinance #22-25 Pertaining to Mobile Food Units

The City Council approved the introduction of the ordinance on October 11.  The attached ordinance has been updated with the revised definition in the licensing section regarding the smoker trailer. 

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 or a home celebrating a high school graduation. 

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 peddlers.  
 

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 Planning Commission held the public hearing for the Code Amendments on September 29, 2022.  

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.  The Planning Commission held the public hearing on September 29 and recommended approval (6-0) of the proposed amendments.  

Alternatives:

1. Approve the ordinance as recommended by the Planning Commission.

2. Approve the ordinance with modifications that the City Council desires. 

3. Deny 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.  

At its meeting on September 29, the Planning Commission recommended approval (6-0) of the Ordinance pertaining to Mobile Food Units.

Motion to waive the City Charter requirement that the Ordinance be read aloud and adopt Ordinance #22-25 modifying City Code pertaining to Mobile Food Units.