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HomeMy WebLinkAbout08-01-16 CC Mtg - A1. Recommended Policies for Mobile Vendors Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager SUBJECT: Recommended Policies for Mobile Vendors MEETING DATE: August 1st, 2016 AGENDA ITEM TYPE: Action RECOMMENDATION: The Commission continue the discussion started at the July 11th City Commission Meeting. BACKGROUND: Attached is the Commission Memorandum from the July 11th City Commission meeting, detailing mobile vending background, current permit requirements, and research on local government best practices. I’ve also attached four documents that were used during a Chamber-sponsored meeting with mobile vendors on Thursday, July 27th. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None established at this time. Attachments: Commission Memo from July 11th CC Meeting Mobile Vending Discussion Topics Map: Mobile Vending-City Map: Mobile Vending-Downtown Map: Mobile Vending-Midtown Report compiled on: July 26, 2016 152 1 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 438153 2 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. 439154 3 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; 440155 4 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 441156 MOBILE VENDING DISCUSSION POINTS Best practice research has shown that there are many common elements in mobile vending regulations. Regulations for vending should address the following: 1. Mobile vending is: trucks, carts and trailers that sell goods. 2. Parking Regulations: Mobile vendors should be subject to the base parking regulations within the City (e.g. 2 hours time limits, loading zones, ADA parking, site vision triangles, etc.). 3. Location on Right of Way: Mobile units may only be located on local streets, except for Main Street where units are permitted from 9 PM to 2:30 AM. 4. 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. 5. Noise: Generators and Music: a. No amplified music should be permitted in conjunction with the vehicle. b. Idling of the vehicle should be prohibited during service of food. 6. Outdoor Seating: Generally, tables and chairs should not be allowed. No other encroachments into the right-of-way, including the sidewalk, should be permitted. Exceptions may be allowed for special events (example: festival along Aspen St). 7. Setbacks from Other Land Uses: Minimum setbacks or distance requirements from schools. 8. 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. 9. Lighting: All lighting associated with vehicles should be subject to full cut off requirements and glare and nuisance provisions. 10. Hours of Operation: a. Generally, city wide, authorized hours of operation are 6 AM to 10 PM. b. In B-3 zone district, authorized hours of operation on approved rights of way, are 6AM to 2:30 AM c. On Main Street, authorized hours of operation are 9 PM to 2:30 AM 11. 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. 12. Parks: Per existing city code, commercial activities in parks require a separate permit. 13. Approved business license from City of Bozeman and City County Health Department. Permit fee and inspections. Proof of general liability insurance is required when operating on a public right of way. a. Cost consistent with basic business license, currently $25. 14. Private Property: a. The site must have surfacing that is consistent with current code or be legal nonconforming. b. Written permission of the property owner is needed and is kept with the mobile unit. 15. No selling to vehicles on the public right of way. 16. No selling of certain items such as alcohol, tobacco, obscene materials, etc. 157 S 19TH AVE INT E R S T A T E 9 0 H W Y FR O N T A G E R D DURSTON RD COTTONWOOD RD W MAIN ST STUCKY RD BAXTER LN W OAK ST N 7TH AVE DAVIS LN S3R D AVEN19THAVEW COLLEGE ST W BABCOCK ST S 11TH AVE SOURDOUGHRDE MAIN ST EVALLE Y C E N T E R R D W KAGY BLVD N ROUSE AVE HUFFINE LN BRIDGER DR HIGHLANDBLVDSWILLSONAVEOAK ST SPRINGHILL RD EKAGYBLVDHARPERPUCKETTRDW OAK ST W PEACH ST N FERGUSON AVE GRAF ST GOLDENSTEIN LN N 7TH AVE I NT E RSTATE90HWYDAVIS LN FRONTA G E R D BAXTER LN S 3RD AVE Legend Available for Mobile Vending All Roads Non-Residential Zoning Districts ¤Revised: 6/29/2016 This map was created by theCity of BozemanGIS DepartmentIntended for Planning purposes only. 0 ½1¼Miles Bozeman Mobile Vending Non-Residential Districts 158 W BEALL ST W MENDENHALL ST W MAIN ST N 4TH AVE N 5TH AVE N GRAND AVE N WILLSON AVE N MONTANA AVE E LAMME ST N TRACY AVE N BLACK AVE N BOZEMAN AVE E MAIN ST E SHORT ST E LAMME ST DAVIS ST N WALLACE AVE FRIDLEY STN CHURCH AVE N ROUSE AVE PERKINSPLE MENDENHALL ST E VILLARD ST W LAMME ST N 3RD AVE E BEALL ST S WALLACE AVE S ROUSE AVE E CURTISS ST S CHURCH AVE S BLACK AVE E KOCH ST LINDLEY PL S BOZEMAN AVE S TRACY AVE E CURTISS ST E OLIVE ST E BABCOCK ST W CURTISS ST W OLIVE ST Legend All Roads Available for Mobile Vending Downtown ¤ Revised: 6/29/2016 This map was created by theCity of BozemanGIS DepartmentIntended for Planning purposes only. 0 250 500125Feet Bozeman Mobile Vending Downtown 159 CHEQUAMEGON VILLAGE RD N 15TH AVEN 9TH AVE ROYAL CT W BIRCH ST N 8TH AVE HEMLOCK ST JUNIPER ST JESSIE WAYROY ST MATHESON WAYMAE ST DURSTON RD N 15TH AVEN 15TH AVEN 14TH AVEN 15TH AVE N 9TH AVE N 10TH AVE N 8TH AVE W VILLARD ST N 7TH AVE W JUNIPER ST IVAN AVE N 5TH AVE W ASPEN ST W BEALL ST W MENDENHALL ST W MAIN ST N 4TH AVE N 5TH AVE N 6TH AVE W SHORT ST N GRAND AVE N 3RD AVE W TAMARACK ST N 14TH AVEN 12TH AVEMANZANITA DR CRABAPPLE DR OAK PARK DRJUNIPER ST W LAMME ST N 3RD AVE W PEACH ST W OLIVE ST W BABCOCK ST PIONEER DR N 11TH AVE W BABCOCK ST Legend Available for Mobile Vending All Roads Midtown ¤Revised: 6/29/2016 This map was created by theCity of BozemanGIS DepartmentIntended for Planning purposes only. 0 500 1,000250Feet Bozeman Mobile Vending Midtown 160