HomeMy WebLinkAbout07-11-16 CC Mtg - A5. Mobile Vending Policy Discussion
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
Wendy Thomas, Community Development Director
SUBJECT: Recommended Policies for Mobile Vendors
MEETING DATE: July 11, 2016
AGENDA ITEM TYPE: Action Item – Policy Discussion and Direction
RECOMMENDATION: The Commission review the recommendations, gather additional public input, and provide direction to Staff regarding whether the Commission would like to proceed
forward with ordinances to implement the recommendations.
BACKGROUND: Stakeholders have been engaged in discussions regarding food trucks and
mobile vending for five years. Discussions with the City Commission were held in 2011 and 2012. After the initial meetings, staff convened community wide stakeholder meetings. Such meetings
have continued each year since as stakeholders sought to model other communities where mobile
vending has successfully co-existed with brick and mortar stores/restaurants. Most recently, the
mobile vendors worked with the Parking Commission to find space where they could park on
public right of way that did not result in placement of their units directly in front of a storefront. In addition, a majority of the mobile vendors committed to abiding by mutually agreed upon
standards of operation. Finally, the mobile vendors have worked with a private property owner to
host events such as Food Truck Friday, on Babcock Street at the Architects Wife.
Discussions regarding mobile vending center around “equity” regarding competitive fairness issues with brick and mortar establishments and the general limitations of mobile venders such as
the requirements for a commissary, weather, lack of seating, inability to serve alcohol, parking
regulations, and the limited supply of on street parking. Representatives of the Downtown
Partnership have shared concerns about inequality in cost sharing for downtown services provided
through the partnership. The Downtown Partnership, through funds paid by members, provides enhanced amenities downtown such as flower baskets, trash removal, side walk clean up and snow
removal. Members have expressed concerns that mobile vendors generate additional demands on
services without contributing financially to support those services used by their clients. Many
mobile vendors focus their efforts on late night vending catering to customers coming and going
from the many bars downtown and more event based opportunities such as festivals, private catering, collaborations with other businesses (particularly breweries), and farmer’s markets.
Mobile vending has occurred in some cities for many years. New York has documentation of food
carts on the street as early as 1825. In addition, food carts and mobile vendors are often seen by
urban designers as a key part of the vitality of a street. In Urban Code, 100 Lessons for
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Understanding the City, authors Anne Mikoleit and Moritz Purckhauer cite street vendors as a
complement to the surround selection of shops. They recognize that there may be situations where
there is competition between the mobile vendor and the store, but often the goods sold on the street
are of a different nature or quality than those sold in the store thereby catering to a different clientele.
Exiting Requirements for Permits or Approvals:
Sidewalk vending carts are required by code to get an encroachment permit if they want to be on a downtown sidewalk. They fall under the Downtown Sidewalk Encroachment Permit Program. They complete the same permit application as someone with a sandwich board sign (technically
it’s called a Downtown Sidewalk Encroachment Revocable Permit – Non-Substantial
Encroachment). A signed and notarized application including a sketch showing the cart on the
sidewalk (dimensioned to include other encroachments), as well as a valid business license, insurance certificate naming the City and State as additional insured, a health certificate from the County Health Department and a letter of support from the owner of the business they are setting
up in front of. If their approved location is within blocks that will be closed for an event (Music
on Main, Bite of Bozeman, etc.), they are not authorized to set up during those events without
registering with the organizer of the event. They are notified of that when they apply for their permit.
Mobile Food Trucks are required to have a city business license and a permit from the Health
Department. Food trucks must comply with the parking restrictions/regulations.
Local Government Best Practices for Mobile Vending:
Best practice research has shown that there are many common elements in mobile vending
regulations. Regulations for vending should address the following: 1. Parking Regulations: Mobile vendors should be subject to the base parking regulations within
the City (e.g. 2 hour time limits, loading zones, ADA parking, site vision triangles, etc.).
2. Signage: Signage must be permanently affixed to the mobile food vehicle. Signs can’t block
pedestrian facilities or the right of way and must be flush with the vehicle. Vehicles must provide one fixed area for menu display. No banners or flags or signs can block right-of-way or extend above vehicle. No awnings are permitted in the right-of-way.
3. Noise: Generators and Music:
a. Regulations should limit wattage size and provide dimensional and performance
standards for an enclosure for generators that would be attached to the vehicle. b. No amplified music should be permitted in conjunction with the vehicle. c. Idling of the vehicle should be prohibited during service of food.
4. Outdoor Seating: Tables and chairs should not be allowed. No other encroachments into the
right-of-way, including the sidewalk, should be permitted.
5. Setbacks from Other Land Uses: Minimum setbacks or distance requirements from schools. 6. Garbage: Attached trash receptacle on the vehicle should be required. Clean up of sidewalk and immediate area should be required prior to leaving the site.
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7. Lighting: All lighting associated with vehicles should be subject to full cut off requirements
and glare and nuisance provisions.
8. Hours of Operation: No operation between 2 AM and 6 AM.
9. Permitted Use Zone District: Exclude operation in residential zone districts, except mobile vending ice cream trucks unless vendor is specifically contracted to operate as part of a neighborhood or community event.
10. Location on Right of Way: Mobile units may only be located on local streets.
11. Private Property:
a. The site must have surfacing that is consistent with current code or be legal nonconforming. Gravel lots were not recommended in any circumstance. b. Written permission of the property owner is needed and is kept with the mobile unit.
12. No drive through windows.
There are two elements that are not included in the best practice list that have often been discussed in stakeholder meetings: fees for licenses and separation requirements from “brick and mortar”
stores selling like items (food or goods). Separation requirements have been challenged in court
in several states, including Maryland, Illinois and Texas, alleging the separation requirement bars
entrepreneurs from competing for business. The court challenges have resulted in communities removing the distance separation in mobile vending ordinances. Based on research into these decisions, staff is recommending that a best practice ordinance would not include distance
separation provision. The issue of fees for mobile vending licenses should be based on the cost
for service for issuing and monitoring compliance with the business. These fees would not include
fees that are often discussed by stakeholders regarding beautification and upkeep of the downtown. It is important to recognize that as more entrepreneurs become mobile vendors, the applicable regulations are effective citywide and not just in downtown. With potential revitalization efforts
in Midtown, food trucks will likely be broadening their noticeable service area in the future.
Next Steps
The provided recommendations are general and would need to be developed further by Staff prior
to the crafting of an ordinance. This would include determining where in the code to make the
appropriate changes, writing code language based upon best practices and the structure already established in the Bozeman Municipal Code and finally, legal review. If the Commission
determines to move forward with an ordinance, it is recommended that there be the opportunity
for stakeholder engagement.
FISCAL EFFECTS: None established at this time.
ALTERNATIVES: Alternatives for Commission action have been identified for consideration
and discussion with Staff and include:
1. Direct staff to draft regulations for mobile vending;
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2. Direct staff to draft regulations for mobile vending with modifications to the recommendations;
or,
3. Continue to investigate the issues with specific direction to Staff to supply additional
information.
Report compiled on: June 26, 2016
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