HomeMy WebLinkAboutWorking Group Recommended Alternatives for the Regulation of Mobile Food Vendors
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
Brit Fontenot, Economic Development Director
SUBJECT: Working Group Recommended Alternatives for the Regulation of Mobile
Food Vendors
MEETING DATE: Monday, June 25, 2012
AGENDA ITEM TYPE: Action Item – Policy Discussion and Direction
RECOMMENDATION: That the Commission review the working group’s 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: On November 21, 2011 Staff conducted a policy discussion regarding mobile
food vending and food trucks with the Commission. At that meeting, Staff reviewed the issues
surrounding mobile food vending in Bozeman and recommended that Staff organize and convene
a community wide stakeholders group to assess mobile food vendors and temporary uses
including the potential for additional on-street regulations and a recommendation for a permitting
process for off-street mobile food vendors and temporary uses on specific sites (see the attached
staff memorandum from the November 21, 2011 meeting). The Commission supported the
recommendation and Staff subsequently convened a working group and now returns with their
recommendations for mobile food vending regulations in the City.
The purpose of this meeting is to review the working group’s recommendations, gather
additional public input, and determine if and how the Commission would like to proceed forward
with ordinances to implement the recommendations.
Mobile Food Vendor Working Group
The working group was composed of various individuals with an interest in Mobile Food
Vending. Attendees included:
• Brenda Barrigner, Gallatin Valley Mall;
• Bob Burrows, Bozeman School District #7;
• Ellie Staley, Downtown Business Association (DBA);
• Tim Christiansen, Vino Per Tutti and DBA Board Member;
• Sean Hill, City/County Health Department;
• Treaver Johnson, City/County Health Department;
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• Nic Bryce, Rendezvous Catering Food Truck;
• Jay Blaske, Tumbleweeds Food Truck;
• Mark Martello, Z’s Meze Market;
• Ryan Olson, Tarantino’s Pizza;
• David Priest, Pig Sty Food Truck;
• Dennis Davies, The Nutty Montanan, Food Trailer;
• Paul Burns, Bozeman Parking Manager;
• Allyson Bristor, Bozeman Neighborhood Coordinator;
• Tim McHarg, Planning Director;
• Brit Fontenot, Economic Development Director; and,
• Brian Krueger, Associate Planner.
The working group held five meetings from March to late May 2012, all of which were open to
the public. The group began with a thorough review of the types of mobile food vending and
issues surrounding each type, reviewed the current regulatory structure in the City of Bozeman,
reviewed regulations from other communities, and finally discussed and debated approaches to
regulation that would be appropriate for mobile food vending in this community.
Time was spent debating both sides of the “equity” arguments 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. Many of the mobile vendors within the
working group shared anecdotal stories about the multiple challenges of vending downtown.
The difficulty in finding an on street parking space of sufficient size during lunchtime and
dinnertime and the limited customer base in certain areas of downtown has pushed many vendors
to 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, and farmer’s markets.
The meetings were facilitated by the Planning Department and the discussions and agreements
during the process were consensus based. For purposes of this working group, consensus was
defined as a process where members may not support every issue or decision 100%, but can
support and live with the final recommendation. The group recommends the following
regulations be considered as the basis for formal ordinances for mobile food vending within the
City. The recommendations are separated into three categories based upon the location of the
mobile food vendor. At this point, the recommendations are general and would need to be
developed further by Staff prior to ordinance form, if so directed by the Commission.
Mobile Food Vending on Public Streets/within the Right-of-Way
Regulations for vending within the right of way should include the following:
1. Parking Regulations: Mobile food 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.).
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
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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: Generator noise was identified as a potential impact. Regulations should limit
wattage size and provide dimensional and performance standards for an enclosure for
generators that would be attached to the vehicle./ The regulations should establish
requirements and specific standards for “whisper quiet generators.” It was suggested that the
guidelines/rules for local farmer’s markets would be appropriate, as well as other best
practices in other cities. No amplified music should be permitted in conjunction with the
vehicle. 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: The group did not support requiring minimum setbacks or
distance requirements from other restaurant locations or 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.
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 restrictions other than underlying parking regulations.
9. Length/Type of Vehicles: Consider limiting the maximum length of vending vehicles, and
prohibit trailers vending in right-of-way.
10. Speed of Street: Consider restriction of vending on streets that include a speed limit above 45
mph.
Mobile Food Vending Off-Street on Private Property
Regulations for vending on private property should be similar to those restrictions for vending in
the right of way in certain areas. Those recommended are:
1. 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.
2. Noise: Generator noise was identified as a potential impact. Regulations should limit
wattage size and provide dimensional and performance standards for an enclosure for
generators that would be attached to the vehicle. The regulations should establish
requirements and specific standards for “whisper quiet generators.” It was suggested that the
guidelines/rules for local farmer’s markets would be appropriate, as well as other best
practices in other cities. No amplified music should be permitted in conjunction with the
vehicle. Idling of the vehicle should be prohibited during service of food.
3. 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.
4. Lighting: All lighting associated with vehicles should be subject to full cut off requirements
and glare and nuisance provisions.
5. Hours of Operation: No restrictions other than underlying parking regulations.
Regulations for vending on private property should include additional restrictions. Those
recommended are as follows:
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6. The allowance for mobile vending on private property would begin with authorization that
this use would expressly be allowed on a site by the property owner.
7. All mobile food vending uses would be subject to standards and specific criteria that would
be tiered based upon intensity similar to home occupations. A tiered permitting program
would allow occasional mobile food vending that would not be recurring as accessory to a
principal commercial use with no permitting required. Those sites with recurring mobile
food vending with more than one day a week would require permitting, of a type to be
determined (e.g. special use permit, site plan, etc.). Food truck courts (permanent multi
vehicle groups) could be permitted through a conditional use permit process.
8. Vending should be allowed only within zoning districts that allow commercial uses.
9. A setback or distance requirement from adjacent residential zones should be considered, such
as 50’ from a residential adjacency.
10. The site must have surfacing that is consistent with current code or be legal nonconforming.
Gravel lots were not recommended in any circumstance.
11. No overnight parking should be permitted. Permanent parking would only be allowed if
permitted as a permanent site plan use, where the entire lot would be to current standards,
consistent with the standards for a new restaurant use.
12. Outdoor seating, tables and chairs may be allowed based upon site specific conditions.
Encroachments should not be allowed onto adjacent right-of-way including sidewalks.
13. Both self contained vending vehicles and trailers should be allowed. Maximum length
standards do not appear to be necessary, provided there is adequate space on the site that
would not inhibit other circulation, parking, uses, etc.
14. No drive through windows should be allowed for mobile vending.
Mobile Food Vending on Public Property
The group forwards the following recommendations and comments for consideration:
1. Mobile vending should be allowed on public property, subject to basic safety standards and
adequacy of the area to support the use. It was noted that some parking lots downtown and
some parkland parking areas may be too small to support a vendor.
2. The group agreed to defer the regulations and policies required to the Parking Commission
and Recreation (for downtown parking lots) and the Parks Advisory Board and the Parks
Department (for parklands).
3. The group discussed the potential for lease of parking spaces in downtown parking lots on a
monthly basis for food vendors, or a new process where the city would allocate vending
space and charge a daily fee for use.
4. It was noted that overnight parking is allowed in lots downtown, and there would not appear
to be a conflict in allowing vendors to park and serve customers past the 2am parking
restriction downtown.
Next Steps
The provided recommendations are general and would need to be developed further by Staff
prior to the crafting of ordinances. This would include determining where in the code to make
the appropriate changes, writing code language based upon best practices and the structure
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already established in the Bozeman Municipal Code and finally, legal review. If the
Commission determines to move forward with ordinances, it is recommended that the working
group stay involved in the review of the drafts leading up to final adoption.
The Commission could consider moving forward with all three categories at once or choose to
focus staff time on the most necessary sections first and continue development of the regulations
over time. The categories listed above: vending in the right-of-way, vending on private property,
and finally vending on public property are listed in the order of importance and need as
determined by both Staff and the working group. If the Commission chooses to move forward
with ordinances, Staff recommends that vending within the right-of-way and private property be
considered first and then as time allows the staff could work with other City advisory boards and
departments to develop regulations for vending on public property such as City parkland and
parking lots. The City currently has a permitting process through the Parks Department and
Public Works Department to host vending events such as the local Bogert Farmer’s Markets and
Music On Main and other events when the rights-of-ways are closed. This process is working
well and may provide a basis for further opportunities for mobile food vending outside of formal
events.
UNRESOLVED ISSUES: There are two unresolved issues at this point in the process:
1. Vending Downtown. Throughout the process, Staff and the working group continued to hear
from restaurateurs and property owners in Downtown Bozeman that they would not support
mobile vending in any location. The working group discussed in detail the competitive
fairness issue and the strengths and weaknesses of both mobile vendors and the brick and
mortar restaurants. Based upon those discussions, the working group chose to not
recommend a two part solution for vending within the City where regulations would be
different downtown then they would be elsewhere in the City. The working group also chose
not to recommend setbacks that other community’s have adopted that require mobile food
vendors to locate themselves no closer than a specified distance from a building that housed a
restaurant. Ultimately, the decision whether to prohibit mobile food vending in the
Downtown based on these equity considerations is a policy decision for the Commission.
There was discussion during the meetings regarding vending in the right-of-way about the
potential disruption from the close proximity of a mobile vendor parking adjacent to a
permitted outdoor dining area downtown. Staff recommends that if the Commission
considers allowing mobile vending within the right-of-way, that the issue of setbacks from
outdoor dining areas be considered and reviewed in additional detail during the creation of an
ordinance.
2. Fees and Taxes. The discussions of the working group were primarily based upon the
community and public safety impacts of mobile vending. While the group discussed
competitive fairness issues based upon location, the group did not significantly focus upon
the economic fairness arguments regarding the payment of impact fees, property taxes, and
encroachment permits and BID special assessments. There were mixed opinions within the
group on these issues and Staff has not done extensive research at this time on these topics,
pending direction from the Commission. Other communities have addressed these issues in a
variety of way such as specialized business permits, user fees, zoning application fees, annual
assessments, etc. In most communities, mobile vendors must collect sales taxes on their
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products and consequently the local municipalities are required collect those sales taxes from
mobile vendors resulting in a much closer relationship between the City and the vendors. If
the Commission would like information on this topic prior to or during the preparation of
ordinances staff can work with the Finance Department, the State, and other agencies to
provide additional analysis for consideration.
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 food vending as recommended by the working
group;
2. Direct staff to draft regulations for mobile food vending with modifications to the
recommendations; or,
3. Continue to investigate the issues with specific direction to Staff to supply additional
information.
Attachments:
November 21, 2011 Commission Memorandum
Report compiled on: June 14, 2012
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Krueger, Associate Planner
Tim McHarg, Planning Director
Brit Fontenot, Economic Development Director
SUBJECT: Discuss Process to Identify Alternatives for Mobile Food Vendors and
Temporary Uses within the City
MEETING DATE: Monday, November 21, 2011
AGENDA ITEM TYPE: Policy Discussion Item
RECOMMENDATION: Staff recommends that the City Commission consider issues relating
to temporary uses and mobile food vendor operations and give direction to staff:
To convene a community wide stakeholders group to assess mobile food vendors and temporary
uses including the potential for additional on-street regulations and a recommendation for a
permitting process for off-street mobile food vendors and temporary uses on specific sites.
BACKGROUND: The presence of mobile vending trucks, especially food vending trucks, has
increased in recent years. This past summer, some business and property owners in downtown
Bozeman complained that these trucks block visibility to their stores, disturb the business
environment (generator noise, garbage, and lines blocking the sidewalk), and create unfair
competition. This memo presents issues related to mobile food vendors operating on public
streets and on private property, and offers options for the Commission to consider in developing
a mobile vending truck policy. The focus of the report is on food vending trucks, although retail
vending trucks would be subject to many of the same considerations. The trend of mobile retail
“pop up” stores is also gaining traction nationally. This concept includes “constructing” a
temporary retail space within another permanent venue or placing a shipping container modified
into a portable retail store onto a vacant site. Staff recommends that the Commission consider all
temporary and mobile uses as it works to develop a policy and regulations to add these new
emerging uses into the City’s regulatory framework.
Traditional food vending trucks have operated in this country for decades, servicing locations
such as construction sites and factories where access to traditional restaurants is limited. These
mobile food trucks are better known for offering simple fare, and for staking out a single, visible
location where they may do business for an entire workday. As growth in the manufacturing
sector has declined, fewer truck operators are making multiple short stops, as was the practice 30
or 40 years ago.
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Food vending trucks offering a range of dining choices are a relatively new phenomenon whose
popularity has spread across the United States. These newcomers are a distinct branch of the
traditional food vending trucks. These vehicles are highly visible mobile kitchens that offer a
broad range of innovative dining choices. Typically, food trucks park in popular commercial
areas for varying lengths of time, then travel to a new location, often communicating the new
destination to their customers through Twitter and other social media outlets.
There are several types of food vending vehicles including:
a. Push carts are non-motorized and may operate on sidewalks;
b. Trailers are non-motorized and are commonly towed behind vehicles;
c. Mini-trucks are small motorized trucks large enough for one or two people to operate with
on-board power or refrigeration; and
d. Food trucks are large, motorized trucks, considered a kitchen on wheels with on-board
power, a refrigeration unit, and are large enough for three to four people to operate.
Mobile Food Vendor Regulations
Mobile push carts that commonly operate on sidewalks are managed today in the Downtown
District by the encroachment permitting program administered by the Department of Public
Works. While these uses are not the focus of this report, the City may consider updating these
regulations if a more holistic approach is taken towards all mobile and temporary uses.
Mobile vendors that operate on public streets within the City are governed by both State and
local law. Title 61 of the Montana Code Annotated (MCA) “Motor Vehicles” and Chapter 36 of
the Unified Development Code UDC) contain broad-based vehicle regulations, such as no
parking zones, vehicle size and parking time limits, parking space, and preferential parking
restrictions, which apply to all vehicles. All mobile vendors operating on City streets must
comply with these generally applicable regulations. Any failure to comply with these restrictions
may result in a parking citation.
The MCA grants local governments’ significant authority to impose generally applicable parking
regulations on public streets. The City is therefore authorized to impose additional parking
regulations that affect all vehicles equally. However, it’s unclear if the MCA limits local
governments’ ability to specifically regulate mobile food or non-food vendors on public streets
unless there is a public safety concern. In other states courts have struck down mobile vending
regulations enacted by municipalities that rely on other justifications, such as the need to protect
local brick-and-mortar businesses from mobile competition.
With respect to mobile food vendors, the Gallatin County Public Health regulations provide
additional restrictions governing the vending of edible items. These regulations are required to
be followed by anyone serving food to the public.
Mobile vendors operating on City streets are also required to comply with Chapter 12 of the
UDC, which states that these vendors must obtain a business license in order to operate within
the City limits.
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Mobile vendors operating on private property, off the public streets, would be subject to the
Unified Development Code, Bozeman’s subdivision and zoning ordinance. The regulations that
apply to mobile food vendors depend on how the vendor uses the property. Different regulations
would apply if the vendor was parking in an existing parking lot or if the vendor was using a
vacant site. How the regulations are applied is also dependent on the duration of the vending use
on site and whether the site is conforming to applicable UDC standards. If the use is of a short
duration and not according to a set pattern, the use would be considered accessory, with no
regulations applying. If the use were to occur on a more permanent basis, with longer serving
hours the regulations that apply to more permanent primary land uses may apply, including
bringing the site into conformance with applicable UDC standards.
Mobile Food Vending on Public Streets and Community Concerns
Over the summer of 2011 City staff received complaints regarding mobile food vending trucks
parking on and off the streets in the downtown central business district. The nature of the
complaints voiced by businesses regarding mobile food trucks are similar to those heard in other
communities around the country where mobile food trucks frequent popular areas with well-
established brick-and-mortar businesses. The concerns raised by Bozeman business
organizations generally fall within the following categories: public safety, community impacts,
and economic impacts:
Public safety concerns have been raised about drivers making illegal maneuvers to access
vending trucks and pedestrians walking into the streets to avoid food-truck customers who are
blocking the adjacent sidewalks. Another safety concern is that parked vending trucks may
obstruct law enforcement officers’ views into area businesses.
On Main Street, problems have been reported when patrons congregate around food trucks after
the bars close at 2:00 am. Businesses report an increase in loud noise, fights and other malicious
behavior as bar patrons congregate around food trucks.
Community impact concerns focus on security, trash collection, and general public nuisance
concerns such as odors permeating the surrounding area, noise created by generators, limited
access to restroom facilities for both employees and patrons, ADA accessibility, and proximity
and respect for the nearby community.
The economic impact concerns include competition with established restaurants as a result of the
lower prices that vending trucks can charge because they do not have the same overhead as
brick-and-mortar restaurants (i.e., rent or impact fees). Mobile vending trucks may also occupy
scarce on-street public parking for long periods of time.
Off-Street Food Vending Operations
The issues associated with off street food vending issues can also include the same impacts
associated with public safety, community impact, and economic impact identified for on street
vending uses. In addition, many off street vending operations can run contrary to Bozeman’s
zoning ordinance. For example, trucks parked within established parking areas for an existing
business can take up required parking spaces for that business. Customers coming to that truck
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directed by a social media outlet could also take up additional parking spaces for that business
and push customer parking onto the street. Often times, mobile vendors set up outdoor seating
spaces on off street property that can block pedestrian circulation and ADA accessibility. More
permanent mobile food vendors often believe that a vacant lot is a solution to those issues raised
by parking within a parking lot of existing businesses. This is often times not accurate as vacant
and underutilized parcels are often non-conforming with applicable UDC standards, such as
permanent parking area surfacing, pedestrian sidewalks, safe access, and utilities to serve a more
permanent operation.
Policy Considerations for Commission
There is an increasing demand for mobile food trucks and for on- and off-street areas where food
trucks may congregate. The following are options that the Commission may wish to consider in
developing policies surrounding on- and off-street vending truck activities.
On-Street Vending Trucks
On-street vending trucks, especially food vending trucks, respond to customers who want lower
cost, grab-and-go, informal dining. However, public safety concerns may warrant closer
management of where mobile vending trucks park in particular areas of the City. Additional
changes, potentially requiring the amendment of State law, could allow the City to further
regulate where mobile vendors can operate. To better manage the locations of on-street parking
available to mobile vending trucks, where warranted, the following options, among others, are
available:
a. Create no-parking zones, reduce parking space size, and restrict time limits to prevent
parking by any vehicle, including mobile vending trucks, in areas where parking is
unsafe. For example, on streets in the Downtown Core parking regulations do not allow
parking from 2 am to 7 am. The Police Department could be empowered to more rigorously
enforce this requirement.
b. Explore the adoption of a graduated parking citation system, which could allow the citation
of vehicles parked in violation of posted regulations more than once per day at an ever
increasing fine per offense. A graduated parking citation fine system for multiple citations
could be applicable to all motorists and could eventually provide a disincentive to some
repeat offenders, including those who may not be mobile vendors; and
c. Research the MCA to determine if it needs to be amended to allow cities the authority to
govern locations, time and duration of on-street vending operations.
Off-Street Vending Trucks
Off-street food vending programs have been well received in such diverse and populous cities as
Seattle, Portland and Cincinnati, where they attract customers to underserved areas, create “eyes
and ears” on the street, and provide entrepreneurial opportunities for start-up businesses on
private property.
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In Bozeman, off-street vending can occur on private and public property. If the Commission is
supportive of allowing off-street vending trucks and moving forward with creating a permitting
process, the following options, among others, are available:
a. Food vs. Retail Vending Trucks: Special permits for off-street vending could be limited to
food vending trucks to prevent the proliferation of retail vending trucks;
b. Permitting: Staff could return with options for permitting off-street mobile vending
operations, including administrative processes using a Use Permit, or through a discretionary
process such as a Special Use Permit. Any permitting mechanism used would include
special conditions or standards;
c. Appropriate Area: Staff could return to Commission with recommendations related to
locating off-street mobile food vending operations in specific zone districts, in areas of the
City that are underserved or have few amenities, or only on specific sites;
d. Business License Fees, Permits and Special Assessments; and
e. Conditions: Conditions that could be considered in the granting of a permit for off-street
food vending would need to be site-specific and could address the following: number of
trucks and patron capacity, signage, noise, parking, provision of parking, restrooms, and
other amenities, lighting, security, ADA accessibility, and frequency of the event.
f. Public parking lot: Staff would consider allowing vendors to utilize a public parking lot
after 6 p.m., giving each vendor equal opportunity and visibility.
Other Temporary Uses
Staff has received inquiries regarding more permanent temporary uses such as shipping
containers outfitted as seasonal retail uses or sales offices. These shipping containers create
some of the same concerns as mobile food vendors. Nationally the trend toward more transient
uses and structures is pervasive. The City has long had regulations for the drive up coffee
convenience uses commonly known as “java huts.” These are permitted through a special
temporary use permit process and special standards for those specific uses. Staff has received
inquiries to turn these huts into businesses where the primary product would be food cooked off
site rather than coffee. The code does not have a framework for these more temporary uses and
staff recommends that these other uses be considered as a subset of the framework for mobile
food vendors as there are many crossover issues. One option to consider could include
developing an accessory use process to permit these types of quasi-permanent uses on sites that
are conforming to applicable UDC standards.
Stakeholder group
Staff recommends that the City convene a community wide stakeholders group to assess mobile
food vendors and temporary uses including the potential for additional on-street regulations and
a recommendation for a permitting process for off-street mobile food vendors and temporary
uses on specific sites. The stakeholders group is proposed to consist of a large contingent of
interested parties in these issues. Representatives of the following groups would be anticipated
on any stakeholder group: Downtown Business Association, Mobile Food Vendors, city staff,
Bozeman Parking Commission, City/County Health Department staff, Bozeman School District
7, Montana State University, large retail property owners (Gallatin Valley Mall, Stoneridge
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Square, Bridger Peaks Town Center, etc.), Bozeman Deaconess Hospital, and any other
identified interested organization.
UNRESOLVED ISSUES: These issues will be identified as the scope of this project is defined
by the Commission.
FISCAL EFFECTS: None established at this time.
ALTERNATIVES: Alternatives for Commission action have been identified for consideration
and discussion with Staff and include:
Convene a community wide stakeholders group to assess mobile food vendors and temporary
uses including the potential for additional on-street regulations and a recommendation for a
permitting process for off-street mobile food vendors and temporary uses on specific sites.
Attachments: A. Other Community Approaches to Mobile Food Vending
Report compiled on: November 17, 2011
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ATTACHMENT A
Other Community Approaches to Mobile Food Vending
Seattle, Washington – The City of Seattle encourages mobile food vending, especially
in their Center City/Downtown urban centers. The benefits that are cited by offering
low-cost, culturally diverse foods for people on the go, is that they typically complement
– rather than compete – with sit down restaurants and give people more reasons to
frequent local shopping districts. Other benefits include mobile food vendors bring a
festive, pedestrian-friendly oriented feel to the area that thereby improves public
safety. The city is considering revising its policies to encourage mobile food vending in
the right-of-way such as eliminating the 200-foot setback for parks and identifying
locations where mobile vending would be permitted during certain days and times.
Portland, Oregon – The City of Portland, which is known for its vibrant street food
scene, partnered with a consultant to guide its policy on mobile food vending. The
consultant studied Portland’s growing food cart industry to determine if carts are a
possible avenue for furthering the city’s objectives for neighborhood livability and
community economic development. The consultant’s report indicated that food carts
have significant community benefits to neighborhood livability by fostering social
interactions, walkability, and by providing interim uses for vacant parcels. Another key
finding of the report was that 58% of business owners in downtown Portland found that
food vendors increased foot traffic, and 66% of business owners citywide had a positive
perception of food vendors.
New York City – In October 2010 the former privately owned restaurant, Tavern on
the Green, became a public visitors’ center run by the New York City Department of
Parks and Recreation. The iconic restaurant building is located in New York City’s
Central Park and the city in an attempt to continue providing high-quality food to the
public began a program allowing four food trucks to vend from the site. An outdoor
terrace with tables and chairs is available for diners to eat the food they buy from the
trucks. The food trucks pay rent to the City and the vending contracts are for one year
with an option for a second year. One mobile food vendor reportedly is paying the city
$100,000 for a one-year license. The vendors can apply to the state for a mobile liquor
license so that they may sell liquor from the trucks. Park officials say alcohol has been
sold successfully in other parts of the park without incident such as the Ballfields Café on
the north side of the Heckscher Ballfields, the Mineral Springs Café and the
Boathouse. Drinking will only be allowed in the terrace area, trucks will leave by 10pm
and no music will be allowed.
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Denver, Colorado – By December 2010, more than 150 mobile food vendors had
been licensed in Denver, Colorado. The City is in the process of creating a Food Truck
Guide, a document which pulls together all of the existing regulations affecting the
mobile food industry in a clear and concise format.
Civic Center Eats had been a summer 2010 event that occurred on Tuesdays in Civic
Center Park. The Civic Center Conservancy, a 501(c)(3) non-profit organization has a
permit with the City to create an outdoor food court in Civic Center Park on
Tuesdays. As a means to activate Civic Center and generate revenues to support the
Park, the City had contractually granted the Conservancy with the ability to create an
outdoor food court using mobile food vendors. The City amended its agreement with the
Conservancy to allow up to four mobile vendors into Civic Center Park on days that the
Park is not otherwise permitted for events. The Conservancy is an organization that is
focused on helping the City and County of Denver restore, enhance and activate
Downtown Denver’s historic Civic Center Park.
Washington, D.C – While in most cities the main opposition to mobile vending trucks
may be the brick-and-mortar businesses, in the District, however, there is more of a
hierarchy; the area’s inline businesses as well as the old-school street carts and the depot
owners who represent them all oppose mobile vending. The arguments against mobile
vending include: (1) the concept of allowing commercial activity at a parking meter is
inconsistent with public policy that parking meters are for customers, not commercial
activity or employees; (2) allowing commercial activity at parking meters which are not
appropriate locations, directly competes with the business needs of the traditional inline
businesses; (3) unfair disparity in sales tax rates – inline businesses pay a percentage on
sales while trucks pay a flat $1,500 annually; and (4) although roadway vending is legal
under the ice-cream truck law, the city is violating its own law, the Vending Regulation
Act of 2009 which says that no vending shall be allowed from a sidewalk, roadway or
other public space unless the person holds a vending site permit.
In June 2010, the District of Columbia Department of Consumer and Regulatory Affairs
(DCRA) released proposed vending regulations which govern vendor operations,
designates sidewalk, roadway, and area vending locations. The regulations also provides
for the creation of vending development zones and vending within the boundaries of
licensed special events.
Cincinnati – Wanting to join the national mobile food movement, the city of
Cincinnati evaluated its ordinances and realized that mobile food vendors are only
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permitted to operate in the city’s central business district (CBD) by paying for a private
parking lot, which is expensive and not always available. The city discovered that mobile
food vendors pay from $7 to $15 per day to park in private lots. The City proposed
creating a CBD mobile food vending permit that would allow vendors access to three
designated areas in the CBD to vend. Permits for the public locations cost $400-$800
depending on location and size of the vendor’s operation. The City created a one-year
Mobile Food Vendor Pilot Program to access consumer demand that began on June 28,
2010 and runs until June 27, 2011. In October 2010, a review of the program showed
that the public enjoyed the mobile food vendors and thought the program was good for
the area. Overall business owner feedback was also positive because it brought more
people to the area and sparked excitement. One complaint from a law firm said that the
mobile food vending program eliminated parking spots for their clients.
Atlanta Street Food Feasibility Study – The study was conducted by a team of three
graduate students in the School of City and Regional Planning at the Georgia Institute of
Technology. The Atlanta Street Food Coalition partnered with Central Atlanta Progress
and Lanier Parking Solutions to support the Study. The Study is organized into four
sections: Policy; Urban Design; Economic Impact, and; Food Environment. The Study
promotes street food as a viable business model and a contributor to the viability of city
streets and public space.
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