HomeMy WebLinkAbout02-27-17 City Commission Packet Materials - A4. Ordinance 1950 Provisional Adoption, Mobile VendingPage 1 of 2
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: Provisional adoption of Ordinance 1950, Mobile Vending
MEETING DATE: February 27, 2017
AGENDA ITEM TYPE: Action
RECOMMENDATION: Accept public testimony, consider the attached ordinance prepared
for provisional adoption, and determine whether to adopt the ordinance as presented or amended.
SUGGESTED MOTION: Having considered public testimony, I move to provisionally adopt
Ordinance 1950.
BACKGROUND: The City Commission considered a set of recommendations to regulate
mobile vending throughout the City at its regular meeting on February 13, 2017. After listening
to the staff presentation, asking questions of staff, and listening to public comment, the
Commission directed the City Manager to return to the Commission with an ordinance for
provisional adoption, to include all recommended regulations except as amended by the
Commission.
The Commission made the following two amendments to the recommended regulations:
1. That the regulation prohibiting a mobile vendor from locating on or adjacent to that
portion of sidewalk for which an exclusive use permit has been granted and is actively in
use be amended to also include non-substantial encroachment permits for a sidewalk
café. This amended language appears in the attached Ordinance 1950 at section
28.03.070.E.5.
2. That the City Manager report to the Commission by March 1, 2018 on the efficacy of the
mobile vending regulations in Ordinance 1950. This reporting requirement is included in
Ordinance 1950 at section 5.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: As suggested by the Commission.
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FISCAL EFFECTS: Fiscal effects directly to the City will be minimal. Processing mobile
vending business licenses will be incorporated into the regular course of business. A resolution
setting license fees will be presented to the Commission along with final adoption of an
ordinance, if Ordinance 1950 is provisionally adopted. The fee resolution would be effective at
the same time the ordinance becomes effective. Additional staff time and resources will be
required for training code and law enforcement officers on the regulations.
Attachments:
Ordinance 1950
Staff cover memo dated February 13, 2017 (without attachments)
February 13, 2017 agenda packet materials
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ORDINANCE NO. 1950
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING CHAPTER 28 OF THE BOZEMAN MUNICIPAL CODE,
SALES TO ADD ARTICLE 3, MOBILE VENDING; ESTABLISHING LICENSE
REQUIREMENTS AND FEES; ESTABLISHING OPERATING HOURS AND
LOCATIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING
CHAPTER 12 OF THE BOZEMAN MUNICIPAL CODE, BUSINESS LICENSING, TO
REFERENCE THE NEW MOBILE VENDING REQUIREMENTS; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City is authorized to regulate and prevent the use or obstruction of
streets, sidewalks, and public grounds, and regulate and prohibit sales upon the streets, sidewalks
and public grounds of the city pursuant to 7-14-4102, MCA; and
WHEREAS, mobile vending trucks contribute to the diversity of food and retail options
within the city; and
WHEREAS, mobile vending trucks provide business opportunities for local
entrepreneurs and encourage economic activity in the city; and
WHEREAS, it is in the interests of the city to establish guidelines for mobile vending
operations to ensure the public health, safety and welfare of city residents and visitors.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative findings:
1. The primary purpose of the public streets and sidewalks is the use by vehicular and
pedestrian traffic.
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2. Mobile vending operations within the City provide economic opportunities to local
entrepreneurs, add to a vibrant food and retail environment, and attract visitors and residents to
engage in economic and social activities within the downtown and other commercial areas.
3. Reasonable, narrowly tailored regulation of street and sidewalk vending is necessary to
protect the city’s interests in ensuring food safety, minimizing obstruction of sidewalks, and
protecting against safety hazards on city rights of way to promote the health, safety and welfare of
city residents and visitors.
Section 2
That the Bozeman Municipal Code be amended by adding a new definition to 1.01.030.A ,
as follows:
Health department. The term “health department” means the Gallatin City/County Health
Department or any other health department created by the city commission pursuant to title 50,
MCA.
Section 3
That 12.02.010 of the Bozeman Municipal Code be amended as follows:
Sec. 12.02.010. - Compliance required.
It shall be unlawful for any person, either directly or indirectly, to conduct any business or
to use in connection therewith any vehicle, premises, machine, device, employee, or agent in
whole or in part, for which a license, or permit, is required by any law or ordinance of this city,
without a license, or permit being first procured and kept in effect at all such times as required
by this chapter or other law or ordinance of this city; nor shall the issuance of a license entitle or
authorize the applicant to open or maintain any business contrary to the provisions of this
chapter or law. In addition to the provisions of this chapter, “mobile vendors” as defined in
28.03.030 are subject to the provisions of chapter 28, article 3.
Section 4
That the Bozeman Municipal Code be amended by adding a new Article 3, Mobile Vending
to Chapter 28, Sales, as follows:
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ARTICLE 3. – MOBILE VENDING
28.03.010. – Purpose.
The purpose of this article is to provide for the regulation of street and sidewalk vending
activities in downtown Bozeman and in certain zoning districts within the city in order to
maintain safe and attractive rights of way while encouraging economic activity and diversity.
28.03.020. – Applicability.
The provisions of this article apply to mobile vendors as defined herein. This article does not
apply to:
A. Mobile vendors who dispense food from mobile vending units and that move from place
to place and are stationary in the same location for no more than 15 minutes at a time,
such as ice cream trucks. Such vendors must offer for sale only food and non-alcoholic
beverages.
B. Mobile caterers who are transporting and delivering, in motor vehicles, food and
beverages to residential, business and industrial establishments pursuant to prearranged
schedules and dispensing from the vehicles the items for the convenience of the
personnel or occupants of such establishments.
C. Mobile caterers who are hired for private catering purposes to serve guests of a catered
event, so long as:
1. The mobile caterer is parked entirely on private property;
2. Service is limited to the guests of the catered event only; and
3. No payment transaction shall occur for individual orders taken by the mobile caterer.
28.03.030. – Definitions.
A. Director means the city’s director of community development.
B. Downtown business improvement district means the Bozeman Downtown Business
Improvement District created by Commission Resolution No. 4263 and Ordinance No.
1790.
C. Mobile means the state of being in active, but not necessarily continuous, movement;
capable of being moved and not permanently fixed or placed.
D. Mobile vending unit includes:
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1. A motorized vehicle from which a mobile vendor offers for sale or sells goods to the
public; or
2. A “sidewalk vending cart” as defined in 34.05.020; or
3. A trailer that is pulled by a motorized vehicle and has no power to move on its own
from which a mobile vendor offers for sale or sells goods to the public; or
4. Any other mobile device or container from which a mobile vendor offers for sale or
sells goods to the public.
E. Mobile vendor means any person that sells or offers for sale goods from a mobile
vending unit within the city. A transient merchant or itinerant vendor as defined in
12.01.010 is not a mobile vendor for purposes of this article.
28.03.040. – License required.
A. General. It is unlawful for any person to operate within the city a mobile vending unit,
as defined in this article, without having first obtained a mobile vending license. A
separate license shall be required for each mobile vending unit. In addition to the
provisions set forth in this article, all provisions of chapter 12, Business Licensing, shall
apply to mobile vending businesses unless specifically noted in this article.
B. Mobile vending licenses. The city may issue a mobile vending license for:
1. Mobile vending in all lawful locations throughout the city including within the
boundaries of the downtown business improvement district; or
2. Mobile vending in all lawful locations throughout the city excluding the downtown
business improvement district.
C. Application; inspections. A mobile vendor must complete and submit an application
including a signage plan for a mobile vending business license to the Department of
Community Development. Prior to issuance of a license, all required inspections by the
city fire marshal and, if a food vendor, the health department shall be completed. A
mobile vendor serving food must present to the city an approved health department
license prior to issuance of a city license under this chapter.
D. Insurance. The mobile vendor must provide proof of commercial general liability
insurance with the application for mobile vending business license.
E. Fees. Mobile vending business license fees shall be established by resolution of the city
commission.
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28.03.050. – Permitted locations. Mobile vendors may operate a mobile vending unit only in
the locations described in this section. Mobile vending is prohibited in alleys.
A. Zoning districts where operation is permitted. Subject to the provisions of this article,
mobile vendors are permitted to operate mobile vending units in the following zoning
districts as defined in 38.07.010:
1. Commercial (B-1, B-2, B-2M, B-3)
2. Industrial (M-1, M-2, B-P)
3. Public Land and Institutions (PLI)
4. Residential Emphasis Mixed Use (REMU)
5. Urban Mixed Use (UMU)
6. Historic Mixed Use (HMU)
7. Residential Office (R-O)
B. Right-of-way designations where operation is prohibited. Within the permitted
zoning districts, unless otherwise excepted in subsection C or approved by the director of
public works, mobile vending is prohibited on streets designated in the most recently
adopted long range transportation plan as:
1. Interstate; or
2. Principal Arterial; or
3. Minor Arterial; or
4. Collector.
C. Exception for portions of downtown and midtown. Notwithstanding the foregoing
prohibitions, subject to the remaining provisions of this article mobile vendors are
permitted to operate mobile vending units on either side of the following streets: Main
Street between North Broadway Avenue and North 7th Avenue; Mendenhall Street
between Rouse Avenue and North 7
th
Avenue; Babcock Street between South Wallace
Avenue and South 4
th
Avenue; Rouse Avenue between Babcock Street and Main Street;
South Willson Avenue between Main Street and Babcock Street; and North 7th Avenue
between Main Street and Peach Street/Durston Road.
Nothing herein authorizes use of a designated state highway in contravention of state law.
D. Location on private property.
1. A mobile vendor must not operate on any private property without written permission
from the property owner to do so and must leave the property if asked to leave by the
property owner. A copy of the owner’s written and notarized permission to operate in
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a specific location signed by the property owner shall be kept within the mobile unit
at all times.
2. A mobile vending unit located on private property is subject to the same land use
standards applicable to the property as if the unit was a permanent structure and may
require approval pursuant to chapter 38.
3. A mobile vending unit may not be located on a private parking area unless the area
will continue to provide the required off-street parking spaces and circulation for
existing uses on the property.
4. The wheels of a mobile vending vehicle must not be removed.
5. Temporary seating, sandwich board signs and other temporary appurtenances may be
allowed with permission of the property owner.
E. Operating in city parks and city property. The director of parks and recreation may
authorize mobile vending in a city park pursuant to 26.02.050 notwithstanding the
prohibition in subsection A of this section. Subject to subsection F of this section:
1. The parking commission may authorize mobile vending on a city-owned parking lot
which is subject to the parking commission’s authority.
2. The city manager may authorize mobile vending on any other real property owned by
the city not otherwise prohibited by this article.
3. The library board of trustees may authorize mobile vending on the grounds of the
public library.
F. Special event food vending. Mobile food vendors may vend from a location including
public rights of way except as prohibited in subsection B of this section in a zone which is
not otherwise approved for mobile food vending, including residential zones, under the
following conditions:
1. In addition to the requirements of subsection D of this section, the owner of the
property where such event will occur has invited the mobile food vendor to
participate in a special event such as a community event, neighborhood block party,
wedding, or birthday party, and mobile food vending is part of the approved special
event activities.
2. In addition to the requirements of 28.03.060, the mobile food vending unit may not
remain at the location for longer than the duration of the special event and while there
must be located so as to avoid creating conflicts with pedestrian or motor vehicle
traffic or creating other public safety problems.
3. Mobile vending from the public right-of-way in conjunction with a special event
within a public park may be approved as part of the park reservation permit
application for such event pursuant to 26.02.050.
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4. A mobile vendor may operate on a public right-of-way prohibited in subsection B of
this section if the mobile vending occurs pursuant to an approved public assembly
permit.
5. Mobile food vendors operating pursuant to this exception to the location provisions of
this article must comply with all other provisions of this chapter.
28.03.060. – Hours of operation.
A. Mobile vendors are permitted to operate during the hours of 6:00 a.m. to 11:00 p.m.,
unless otherwise noted in this section.
B. In B2 and B3 zoning districts, mobile vendors may operate from 6:00 a.m. to 2:30 a.m.,
except that on Main Street between Church Avenue and Grand Avenue mobile vendors
may only operate from 6:00 a.m. to 10:00 a.m. and 9:00 p.m. to 2:30 a.m.
C. Notwithstanding subsections A and B, mobile vendors must comply with all posted
parking time restrictions and the time restrictions in chapter 16, art. 6 (noise).
28.03.070. – Mobile vendor requirements.
The following regulations apply to all mobile vending operations whether on public or private
property, unless otherwise stated in 28.03.050.D:
A. Compliance with laws. In addition to the provisions of this chapter, the mobile vendor
must comply with all other applicable local, state and federal laws, including but not
limited to state motor vehicle licensing laws, motor vehicle maximum dimension
standards established pursuant to state law, health department permitting requirements,
and city requirements for use of public right-of-way. Loss of any required state or county
permit or license will result in revocation of the mobile vending license in accordance
with 28.03.080.
B. Safety hazards. The mobile vendor acknowledges that the police and fire departments,
or any authorized representative thereof, have the right to suspend operations or request
the mobile vendor to relocate when the vendor is causing or contributing to an imminent
public safety hazard.
C. Parking. Mobile vending units are subject to and must comply with all applicable city
parking regulations, including time limitations and ADA parking restrictions. Mobile
vending units parked in the public right-of-way must be no more than 36 feet in length.
D. Vehicular traffic. The mobile vendor may not operate the mobile vending unit in a
manner that impedes vehicular traffic.
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E. Pedestrian access. The mobile vendor may not operate the mobile vending unit in a
manner than impedes pedestrian access along the sidewalk or public right-of-way. The
mobile vendor must set up and operate the mobile vending unit so as to maintain a clear
pedestrian pathway along the public sidewalk at all times.
1. Mobile vending units designed to be located on the sidewalk, such as carts, must first
obtain an encroachment permit issued by the Department of Public Works pursuant to
34.05.130.
2. A mobile vendor operating a mobile vending unit may not place any item, including
chairs, tables, or signage on the sidewalk.
3. A mobile vending unit may not be located such that its serving window or customer
access door is adjacent to a tree, light pole, sculpture, bike rack, trash can affixed to
the sidewalk, newspaper dispenser, publication rack, or any other permanently-
mounted fixture on the sidewalk.
4. Any obstructions of the public right-of-way deemed unsafe by the city or placed
without proper approval will be promptly removed.
5. A mobile vending unit may not be located on or adjacent to that portion of the
sidewalk for which an exclusive use permit pursuant to 34.05.080 or a non-substantial
encroachment permit for a sidewalk café pursuant to 34.05.050 has been issued and is
actively being used.
F. Awnings. Any canopies, awnings or any other attachments must be supported entirely
by the mobile vending unit and may not touch the ground.
G. Trash. Each mobile vending unit must be equipped with a portable trash receptacle
attached to the mobile vending unit and available for use by the mobile vendor’s
customers. The mobile vendor is responsible for proper disposal of solid waste and waste
water in the sanitation facility pursuant to local and state rules, regulations and laws. The
mobile vendor must remove and dispose of all trash and refuse within 25 feet of the
mobile vending of unit which were originally dispensed from the truck.
H. Lighting. The mobile vendor may not use any flashing or blinking lights or strobe lights.
The mobile vendor must comply with all requirements of 38.23.150.D.7. The mobile
vendor may provide localized lighting on or in the mobile vending unit for the purpose of
illuminating the customer ordering area to ensure customer safety, for the purpose of food
preparation, and for the purpose of menu illumination.
I. Signage.
1. Mobile vendors must submit a sign plan with the application for a mobile vending
business license. Mobile vending units do not require a separate sign permit pursuant
to chapter 38, article 28.
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2. Mobile vendors may not use a sign that is prohibited by 38.28.030.
3. Signs may not block pedestrian facilities of the right-of-way and must be flush with
the mobile vending unit.
4. Signs may not extend above the mobile vending unit.
5. Mobile food vending units may only display their menu on the side of the mobile
vending unit designed to face the customers.
6. Mobile vendors may not hang or display merchandise or any item on trees, umbrellas,
walls, or vend from other temporary structures located upon any public street,
sidewalk, right-of-way or other public property.
7. No third party advertising is permitted on the mobile vending unit.
J. Public utilities. The mobile vending unit must be self-contained and may not connect to
city water or power during operation while located on public right-of-way.
K. Fire abatement. At least one operational, tagged fire extinguisher shall be kept available
and accessible as directed by the city fire marshal or designee.
L. Noise and nuisance; exhaust.
1. The mobile vendor must comply with the noise provisions of chapter 16, article 6 and
all nuisance provisions of the Bozeman Municipal Code.
2. Portable generators must be securely affixed to the unit during operation.
3. Generators may not exceed a rating of 60 dBA pursuant to industry standard
measurements.
4. Idling of a mobile vending vehicle is prohibited while preparing or serving food.
Exhaust from a generator and all mobile vending operations including food
preparation must be directed away from the service window and adjacent sidewalk.
M. Display of mobile vending business license. Mobile vendors must display visibly their
current mobile vending business license from the city at all times. The licenses will be
made available for inspection upon request by the city.
N. Sales only to pedestrians on the sidewalk. Vendors are not permitted to sell, offer for
sale, solicit or attempt to solicit or sell to occupants of any vehicle or to any person on a
public street. A mobile vendor may only sell to persons on a sidewalk and may not sell
directly or allow customers to access the mobile vending unit from a public street.
28.03.080. – Violations; enforcement.
A. License suspension or revocation. The city manager may suspend or revoke a license
when the licensee commits one or more of the following acts or omissions:
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1. Failure to comply with any provision of this article or of chapters 12 or 38;
2. Conducting the licensed activity in such a manner as to create a public nuisance,
cause a breach of the peace, constitute a danger to the public health, safety, welfare or
morals, or interfere with the rights of abutting property owners;
3. Cancellation of the health department’s authorization for a mobile vending unit; or
4. The securing of any license by fraud or misrepresentation, to specifically include
false or incorrect information on the license application.
B. Procedure. Should the city manager decide to suspend or revoke a license, the licensee
will be given notice and an opportunity to respond following the procedures in 12.02.180,
except that should the city manager determine the mobile vending unit or the mobile
vendor’s operations present a safety hazard or require immediate remedy, the city
manager may order the mobile vending unit removed immediately by local law
enforcement or the code compliance officer.
C. Appeal. Licensee will have the right to appeal the decision of the city manager by
following the provisions of 12.02.190.
D. Violation constitutes a misdemeanor. In addition to suspension or revocation under
subsection A of this section, a knowing violation of this article constitutes a misdemeanor
punishable as described in 1.01.210.
Section 5
Reporting.
By March 1, 2018, the City Manager must report to the City Commission on the efficacy
of the regulations adopted pursuant to this Ordinance.
Section 6
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
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Section 7
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Cod2e not amended by this ordinance shall remain in full
force and effect.
Section 8
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 9
Codification.
This ordinance shall be codified as indicated in Sections 2-4.
Section 10
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 27th day of February, 2017.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 20
th
of
March, 2017. The effective date of this ordinance is April 19, 2017.
_________________________________
CARSON TAYLOR
Mayor
ATTEST:
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: City Manager Recommendations for Regulating Mobile Vending and
Commission Direction
MEETING DATE: February 13, 2017
AGENDA ITEM TYPE: Action
RECOMMENDATION: Consider the City Manager’s recommendations and provide specific
direction regarding provisional adoption of an ordinance to regulate mobile vending throughout
the City.
SUGGESTED MOTION: I move to direct the City Manager to return to the Commission with
an ordinance for provisional adoption regulating mobile vending as provided for in the City
Manager’s recommendations.
BACKGROUND: Attachment A contains my recommendations to regulate mobile vending
throughout the City. While not in ordinance form, the specific language included will, if the
Commission so directs, be converted into ordinance form and presented to you for provisional
adoption. As such, I recommend you consider the specific language in Attachment A as proposed
regulations. I do not provide a detailed discussion of each specific regulation in this
memorandum but rather address my recommendations generally. I, along with city staff, will be
available to discuss each proposed regulation and the policy basis for each.
I. History of Mobile Vending Policy Development:
The City Commission has been involved in policy development regarding mobile vending since
2011 (see attached November 21, 2011 Commission Memorandum). The 2011 discussion lead to
the creation of a working group of stakeholders who held five meetings in the spring of 2012. In
June of 2012, development of specific suggested policies which could lead to regulating mobile
vending was presented to the Commission (see pgs. 2- 5 of the June 25, 2012 Memorandum) but
further policy development was put off due to other priorities. In 2015, a framework for
regulating mobile vending was drafted. This work in 2015 was conducted through collaboration
between the Downtown Bozeman Partnership and the City’s Department of Community
Development (see attached). Then, on July 11, 2016, the City Commission held a policy
discussion (see July 11, 2016 Commission Memorandum). That meeting was continued to
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August 1, 2016 where the Commission continued its discussions (see August 1, 2016
Memorandum).
At the August 1, 2016 discussion, the Commission requested Daryl Schliem, executive director
of the Bozeman Area Chamber of Commerce, work to gather those interested in the expansion of
mobile vending in Bozeman. Mr. Schliem will be available during this meeting to comment on
the process he engaged in. Mr. Schliem’s efforts did not result in a collaborative
recommendation.
During the August 1, 2016 meeting the Commission indicated its intent to have issues related to
mobile vending resolved prior to the late spring of 2017 and it indicated I should be prepared to
bring to the Commission a resolution for these issues in February of this year. My
recommendations if adopted by ordinance no later than the middle of March will meet this
timeframe.
II. Regulatory Recommendations:
General:
My recommendations are based on the City’s authority to regulate on the basis of public health,
safety, and general welfare as well as the City’s self-governing powers. First, I believe the
primary purpose of public streets and sidewalks in the City is the use by pedestrian, bicycles, and
vehicles. However, I also believe the City should recognize mobile vending operations provide
economic opportunities to local entrepreneurs, add to a vibrant food and retail environment, and
attract visitors and residents to engage in economic and social activities. At the same time, I
recognize mobile vending has impacts. My recommendations address these impacts while
recognizing mobile vending has a place in our community.
First, I recommend creating a business license specific to mobile vending. I propose to define a
mobile vendor as any person that sells or offers for sale goods from a mobile vending unit within
the City. The term will not include itinerant vendors or transient merchants
1
. Also, my
recommendations do not define as mobile vendors those caterers who do not sell directly to a
customer from a public right of way. To implement these requirements, I recommend creating
two business license types: one applicable to the entire city (including downtown) and another
applicable to the city (except for downtown). Fees would be higher for mobile vendors wishing
to operate in the downtown. See below for more discussion on fees.
The license application would require certain items including a permit from the City-County
Health Department (if serving food) and that all mobile vendors carry commercial general
liability insurance.
Locations:
I recommend the City authorize mobile vending only in certain locations and at certain times.
These locations are based on zoning, the nature of the street (i.e. arterial, collector, or local), and
1 See 12.01.010, BMC.
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safety considerations. Mobile vending would be prohibited in residential zones except pursuant
to special events.
I also recommend mobile vending be prohibited on all arterials and collector streets except for
the following locations in downtown: (i) Main Street between Broadway and North 7
th
Avenue
(subject to hour restrictions for the more congested locations (see below)); (ii) Babcock Street
between Wallace Avenue and 4th Avenue; and (iii) Mendenhall Street between Rouse Street and
North 7
th
Avenue. In addition, the north-south oriented side avenues in downtown would also be
open to mobile vending, including the minor arterials Rouse Avenue (but only between Babcock
Street and Main Street) and Willson Avenue between Main Street and Babcock Street.
2
All other
side streets in downtown are designated local streets and would be open to mobile vending but
subject to all other restrictions including zoning designation.
On the attached map labeled Bozeman Downtown and Midtown Mobile Vending I provide a
visual representation of the locations within the B3 and B-2M zoning where mobile vending will
be authorized. Please note Main, Mendenhall, and Babcock streets as well as North 7
th
Avenue,
Willson Avenue and Rouse Avenue are designated arterials in the 2007 Transportation Plan. I
show these streets and avenues as authorized for mobile vending because, absent specific
authorization, they would be prohibited pursuant to the prohibition on mobile vending on
arterials and collectors.
Finally, mobile vending is prohibited on both sides of any street or avenue where an authorized
zoning district is adjacent to a residential zoning district.
Time of Operations:
Mobile vendors would be authorized to operate generally from 6:00am to 11:00pm. In the
downtown area and in commercial zoning districts, mobile vending may occur until 2:30am.
Mobile vending on Main Street between Church Avenue and Grand Avenue would be prohibited
between the hours of 10:00am and 9:00pm. These time limitations for this portion of Main Street
are not applicable to a sidewalk vending cart as defined in 34.05.020 which has been issued a
sidewalk encroachment permit and presents to the City the written authorization of the owner of
the property in front of which the sidewalk vending cart intends to operate.
Discussion:
I recommend the above based on the following:
Mobile vending is currently practiced throughout the City and downtown and specifically
on Main Street. While there have been concerns regarding public safety impacts,
especially in the downtown, mobile vending can be conducted in a safe manner if
regulated with provisions related to time of day, required sidewalk clearances, prohibition
on the placement of obstructions in the right of way, prohibition on vending in front of a
2 I recommend prohibiting mobile vending on Willson Avenue between Mendenhall and Main Street due to its
narrow width.
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location with an exclusive use encroachment permit, proper lighting on the mobile
vending unit, and signage, etc. See below for discussion on general regulations.
In the locations I recommend to be open to mobile vending vehicle speed limits and the
orientation to and safety of pedestrians are critical factors. For example, in the downtown,
while traffic counts on Main Street exceed 10,000 average daily trips for the past several
years,
3
Main Street between Broadway Avenue and North 7
th
Avenue has a 25 mph speed
limit. Main Street also has wide sidewalks that can accommodate a higher number of
pedestrian and provides a more active streetscape than on side streets with narrower
sidewalks. And Main Street has better lighting than many of downtown’s side streets.
Prohibiting mobile vending on Main Street between Church Avenue and Grand Avenue
during the hours of 10:00am and 9:00pm will ensure safety for all users of Main Street
during the time with the highest motorized and pedestrian use. In addition, parking
congestion on Main Street is highest during midday and evening hours.
4
Allowing mobile vending on Main Street between Church Avenue and Grand Avenue
prior to 10:00am and after 9:00pm will provide a safe environment after daily traffic,
parking, and pedestrian congestion decreases as Main Street provides a higher level of
pedestrian lighting for the late evening hours than other streets within the downtown.
The City currently has data on parking demand generated over the past several years and
I recognize that, while the data is not specific to Main Street, it clearly indicates a
growing parking demand in the downtown. However, given the time restrictions imposed
on Main Street, I do not anticipate mobile vendors’ use of Main Street before 10:00 am
and after 9:00 pm to be a significant demand on parking supply in these hours.
Mobile vending on Main Street from Grand Avenue west to North 7
th
Avenue and north
on North 7
th
Avenue will facilitate the growing connection between Downtown and
Midtown.
Speeds on North 7
th
Avenue increase to above 25 mph north of Peach/Durston; as such, I
recommend limiting mobile vending on North 7th Avenue to south of this intersection.
5
3 See attached MDT traffic count data for Main Street.
4 See 2016 Downtown Strategic Parking Management Plan, Appendix D. Figure E shows peak weekday occupancy
rates between 12:00pm and 1:00pm and between 8:00pm to 9:00pm for block faces immediately adjacent to Main
Street. While there is no data for Main Street, the consultant noted “it is likely the most occupied street in downtown
Bozeman.” (Appendix D, page 15). In addition, on the consent agenda for approval on February 13, 2017 is a
professional services agreement with the Western Transportation Institute for a downtown parking inventory and
occupancy study. The proposed study will inventory all available parking within the entire study area, as well as
examine the occupancy rates, duration of stay, parker trip purpose, and related analysis metrics for various times of
the day and various days of the week in spring and summer 2017.
5 Mobile vending will be authorized on Aspen Street as that is a local street and may be designated as Midtown’s
festival street.
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Private Property:
Mobile vending will be authorized on and encouraged to locate on private property if the
property is located within one of the authorized zoning districts. Mobile vending on private
property would be subject to the same land use standards applicable to the property and as such,
mobile vending located on property with existing principal uses may require amendment to an
existing approved site plan.
6
Importantly, a mobile vending unit may not be located on private
property unless the area will continue to provide the required off-street parking and circulation
for existing uses on the property. Temporary seating and other appurtenances may be allowed
with the permission of the landowner.
City Parks:
Mobile vending would not be allowed within a City park unless a park permit was issued.
Special Events:
Mobile vending may occur from a public right of way in a zoning district not otherwise
authorized (e.g. residential zones) only if the owner of the property where the event occurs has
invited the mobile vendor to participate in a special event such as a graduation or block party.
The mobile vendor may not remain at the event longer than the event and must be located to
avoid conflicts with pedestrians and other uses of the public right of way. No special permit will
be required for this type of activity though the applicable business license will be required. In
this situation, mobile vendors cannot sell to the general public – only to the invitees of the
special event.
In addition, a mobile vendor may also obtain permission to vend in a location not authorized
(e.g., collectors and arterials) if such vending is approved pursuant to a public assembly permit.
General Regulations:
Additional recommended standards:
Wherever mobile vending is authorized, the operations must comply with all generally
applicable parking regulations (including the 2am to 7am restriction on Main Street).
Mobile vending must comply with the City’s nuisance and noise requirements.
The Bozeman Police and Fire Departments may require relocation of a mobile vending
unit in the presence of a public safety hazard.
Recognizing the primary use of streets is for the movement of vehicles, bicycles, and
pedestrians, a mobile vendor may not operate the mobile vending unit in a manner that
impedes these uses.
Mobile vending units located on a public right-of-way must be no more than 36 feet in
length.
6 For example, in 2016, the Department of Community Development approved a modification to an approved site
plan for a use in an industrial zoning district known to host mobile vendors during operating hours. The applicant
demonstrated the proper accounting of required parking stalls and safe circulation for mobile vendors and customers
utilizing the site for the principal use and mobile vending.
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Mobile vending on sidewalks in the downtown area (e.g. carts) must have a sidewalk
encroachment permit in addition to the mobile vending business license.
A mobile vendor may not place any item, including chairs, tables, or signage on a
sidewalk.
A mobile vendor’s serving window may not be located in front of a necessary or
approved sidewalk encroachment such as a bike rack, light post, or artwork.
A mobile vendor may not operate the mobile vending unit in front of a location in
downtown where an exclusive use permit has been issued for a sidewalk café.
Awnings: are authorized but must not be supported by the sidewalk.
Trash: a mobile vendor must have a trash receptacle mounted to the mobile vending unit
and is responsible for trash collection in the area around the vending unit. Trash must be
disposed of lawfully.
Lighting: all lighting must be downcast and comply with the City’s lighting standards as
specified in the unified development code.
Signage: cannot extend above the mobile vending unit, must not block pedestrian
movement, etc.
Utilities: mobile vending units must be self-contained for water and power if the units are
located on public rights of way. This does not prohibit a mobile vendor from connecting
to these services if located on private property.
Fire abatement: at least one fire extinguisher must be present on the mobile vending unit.
Noise and Exhaust: portable generators used by a mobile vendor must be rated to operate
at no more than 60 decibels. I have not included a recommendation generators be
enclosed as this may create a safety hazard. Nor am I suggesting regulating on the basis
of wattage. Exhaust from generators and all operations must be directed away from the
service window and adjacent sidewalks.
Sales may not be made directly to a person on a public street. The sales must be made to
a sidewalk.
Customers may not access a mobile vending unit from the parking lane.
Violations and Enforcement: Violations can result in revocation of a permit. Violations can also
be cited as a misdemeanor.
III. Proposed Fee Structure:
I propose a fee structure that will require a $25 general business and also require a $225 mobile
vending fee for the additional review and inspections that will occur. As such, if a mobile vendor
desires to operate in the City outside of downtown the fee would be $250 total. In addition, I
propose a $250 fee for operating in downtown. This fee recognizes the costs of maintaining a
high quality physical environment in downtown and will be used to assist in upkeep and
maintenance operations paid for by the Downtown Bozeman Improvement District.
UNRESOLVED ISSUES: None identified. My recommendations seek to comprehensively
address the issues that have been discussed for the past five years.
ALTERNATIVES: The recommendations included herein are my recommendations based
on what I consider best practices as applied to the City. Should the Commission desire to
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regulate mobile vending throughout the City differently than recommended the Commission
should be mindful of regulating on the basis of public health, safety, and general welfare
concerns. I urge the Commission to refrain from regulating on the primary basis of promoting
competitive fairness.
FISCAL EFFECTS: Fiscal effects directly to the City will be minimal. Processing mobile
vending business licenses will be incorporated into the regular course of business. A resolution
setting license fees will be presented to the Commission along with final adoption of an
ordinance, if the Commission moves forward. The fee resolution would be effective at the same
time the ordinance becomes effective. Additional staff time and resources will be required for
training code and law enforcement officers on the regulations.
Attachments:
Appendix A: City Manager Recommendations to Regulate Mobile Vending
Staff Memorandum from November 21, 2011
Staff Memorandum from June 25, 2012 (Working Group Recommended Alternatives)
Mobile Vendor Truck Regulation Framework (Sept. 15, 2015)
Staff Memorandum from July 11, 2016
Staff Memorandum from August 1, 2016
Excerpt from Chapter 2 of the 2007 Greater Bozeman Area Transportation Plan (classification of
arterials and collectors with maps)
Bozeman Downtown & Midtown Mobile Vending (map)
City-wide Mobile Vending (map)
Downtown and Midtown Street Exception for Mobile Vending (map)
MDT Traffic Data for Main, Babcock, and Mendenhall Streets (1996 – 2015)
Appendix D from 2016 Downtown Strategic Parking Management Plan
Downtown Encroachment Permits (map)
Boundaries of the Downtown Business Improvement District (map)
Report prepared by GS, MW, and KS on: February 6, 2017
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