At the November 10, 2016 Board of Commissioners briefing, staff presented a draft of an ordinance that would establish regulations for mobile food vendors. (“Mobile food vendors” include food trucks and ice cream trucks that sell to the general public, as well as canteen trucks that generally serve a more targeted group, such as workers at a construction site.) The Brentwood Municipal Code does not currently address mobile food vendors. While their operations would be allowed in commercial zoning districts that generally allow retail sales, the demand for food trucks has been particularly prominent in office areas where retail sales are not permitted. For example, businesses in Maryland Farms have expressed interest in hosting food trucks on occasion for company events or as a lunchtime alternative for employees. City staff has advised office park tenants that, under current regulations, food truck sales in the C-1 zoning district are prohibited. In contrast, the City has allowed food trucks in service-institutional zones in conjunction with special events, usually with Planning Commission approval, although there are no clear regulations to guide the City in approving the use of food trucks in these zones. The City also has no specific regulations to address health and safety matters, traffic impacts, waste management and other operational issues associated with mobile food vendors, nor is there a permitting process in place.
Based on research by staff, review of regulations from other cities, comments submitted by food truck representatives and input received from the Board of Commissioners, staff has drafted the attached Ordinance 2017-01. This ordinance addresses operating and permitting issues for mobile food vendors. Standards established by the ordinance include the following:
- Permits. No mobile food vendor may sell to the public in Brentwood without obtaining a mobile food vendor permit from the City. (Vendors providing only catering services for private events on a pre-arranged basis would not be subject to this permitting requirement.) Permits will be issued on a calendar year basis, provided that City staff may administratively establish an alternate permit period. A fee of $50 will be required for both new applications and renewals, except that the fee will be doubled to $100 for any vendor found to be operating without a permit. If a vendor is found to be operating without a permit, City staff may authorize the vendor to continue operating for no more than two hours, after which the vendor may not operate within the City without first obtaining a permit.
- Food truck rallies. A separate food truck rally permit is required for a gathering of more than two mobile food vendors serving the public at the same date and location. A food truck rally involving ten or fewer vendors may be administratively approved (with a $50 application payment.) Planning Commission approval will be required for larger rallies or for rallies that are part of an event that would otherwise require Planning Commission approval (subject to payment of the applicable Planning Commission fee.) The ordinance allows the City to require a financial guarantee to ensure that the grounds will be cleared of debris and any damage to the public right-of-way is repaired. All food truck rally permits are subject to various conditions of approval aimed at promoting good health, safety, cleanliness and traffic management practices.
- Right-of-way/public property. Food trucks may not park in the public right-of-way or other public property, except as specifically allowed by the City (or other public entity owning the property.) Ice cream trucks are allowed in the right-of-way for up to 15 minutes at a time, and must then move at least ¼ mile before parking again. Canteen trucks are allowed in the right-of-way only where the surrounding area is undergoing construction activity. All mobile food vendors are required to comply with all applicable parking regulations and to avoid interference with normal vehicular and pedestrian traffic and access to other businesses.
- Private property. Mobile food vendors operating on private property must have the property owner’s written permission (including permission for use of indoor restrooms for food trucks operating at the same location for more than three hours.) Food trucks are limited to occupying no more than four parking spaces each. Except for approved food truck rallies, no more than two food trucks per location are allowed at the same time. Food trucks and ice cream trucks (but not canteen trucks) are prohibited from operating on unimproved property (i.e., property with no building.)
- Hours of operation. Limitations on hours of operation are established:
- Food trucks – 7:00 a.m. until 9:00 p.m.
- Canteen trucks – 7:00 a.m. until 6:00 p.m.
- Ice cream trucks – 11:00 a.m. until sunset.
- Safety. Compliance with applicable fire and electrical codes is required, along with any other safety requirements imposed by the Fire and Rescue Department. All state and county health regulations and licensing requirements must be met.
- Waste collection. Operators are held responsible for cleanliness of the area extending 50 feet from their vehicles and are required to maintain sufficient trash receptacles.
- Signage. Each mobile food vendor is allowed one sandwich board sign, to be placed no further than two feet from the vehicle, in addition to signs on the vehicle itself.
- Exterior cooking equipment. Smokers or other exterior cooking equipment must be surrounded with traffic safety cones and may not create safety hazards for the public.
- Citations. Codes enforcement officers and police officers may issue citations for noncompliance, including operating without a permit or holding a food truck rally without prior approval. Depending on circumstances, citations may be issued to the operator or any employee of a mobile food service vehicle, or to the owner of the property where the vehicle is operating. Citations may also be issued to an entity or organization hosting a food truck rally or the person in charge of the rally.
- Suspensions. Vendor permits will be suspended if: an applicant knowingly provided false information; a vendor has committed two violations of the ordinance within a six-month period; or a vendor fails to maintain other required registrations, permits or licenses or required vehicle insurance. The permit will be reinstated if the vendor corrects all noncompliance issues and pays a reinstatement fee of $500.00.
- Revocations. Vendor permits will be revoked if: four violations or the ordinance have occurred within 12 months; or the vendor operates in an unlawful manner that constitutes a breach of the peace or otherwise threatens the public health, safety or welfare. The vendor may apply for a new permit after 12 months from the date of revocation if all noncompliance issues have been resolved and a reinstatement fee of $500 is paid.
- Appeals. Permit denials, revocations and suspensions may be appealed to the City Manager. The City Manager may reverse the denial, revocation or suspension, or may reduce the waiting period for reinstatement of a revoked permit if reasonable steps have been taken to mitigate the violations and to prevent future violations.
The points discussed above are a summary of the proposed regulations. Complete details are found in the 16-page ordinance.
Note that the proposed ordinance does not specifically address mobile food vendor operations in parks, other than to require that permission must be obtained to operate on public property. If the ordinance passes, staff recommends that the Park Board establish rules for mobile food vendor operations, subject to Board of Commissioner endorsement.
A few changes have been made to the ordinance since the previous draft was reviewed with the Board at the November 10 briefing. At the suggestion of Board members present at the briefing, the ordinance now requires food truck rallies involving more than ten mobile food service vehicles to be approved by the Planning Commission, rather than those with more than five vehicles as in the earlier draft. Other minor changes made since the November 10 briefing are shown on a redlined version of the ordinance which is attached.
A companion ordinance, Ordinance 2017-02, will also be on the January 10 agenda for consideration on first reading. Ordinance 2017-02 ?would make food trucks a permitted use in all commercial zones, and on a more limited basis for special events in service-institutional and residential zones. Because Ordinance 2017-02 amends the Zoning Ordinance, it will require review by the Planning Commission and a public hearing prior to second reading. No Planning Commission recommendation or public hearing will be required for Ordinance 2017-01, although staff has solicited public comment by publicizing the proposed ordinance on the City's social media outlets. If Ordinance 2017-01 is passed on first reading on January 10, staff recommends that second reading be deferred until February 27, 2017, to coincide with the second reading of Ordinance 2017-02.
Please contact the City Manager, City Attorney or Planning and Codes Director if you have any questions about Ordinance 2017-01 or Ordinance 2017-02. |