CITY OF TEXARKANA, AR

REQUEST FOR BOARD ACTION

 

AGENDA TITLE:  Adopt an Ordinance amending Chapter 13 of the Code of Ordinances of the City of Texarkana, Arkansas, adding Section 13-14 to establish the operation, permitting and scheduling of Food Trucks within the city limits. (PWD) Chief Building Official Shawn Maxey 

AGENDA DATE:  05/21/2018

ITEM#:  10  

DEPARTMENT:  Public Works Department

DATE SUBMITTED:  05/09/2018

PREPARED BY:  Shawn Maxey, Chief Building Official

SUBJECT:  An Ordinance Allowing Mobile Food Vendors inside the City limits

EXHIBITS:  Ordinance, Program Narrative, Proposed Location #1, Proposed Location #2 and Proposed Mobile Vendor Permit.

APPROVAL: 

EXPENSE REQUIRED: $0.00

AMOUNT BUDGETED: $0.00

APPROPRIATION REQUIRED:  $0.00

SUMMARY:   The City Manager and staff is requesting the Board of Directors approve an ordinance allowing mobile food vendors to operate inside the City limits.  A mobile food vendor is a self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle, used to store, prepare, display or serve food intended for individual portion service.  If approved mobile vendors will be allowed under the listed guidelines included in the attached program narrative.

 

BOARD ACTION:  The City Manager and staff recommend board approval.

EMERGENCY CLAUSE:  This item will be approved by an ordinance, but it does not require an emergency clause.

 

ORDINANCE NO. _____

AN ORDINANCE PROVIDING FOR THE OPERATION AND PERMITTING OF MOBILE FOOD VENDORS, MOBILE FOOD COURT EVENTS AND ESTABLISHMENT OF MOBILE FOOD COURT VENUES; AND FOR OTHER PURPOSES

 

WHEREAS, it is the desire of the Board of Directors of the City of Texarkana to provide a framework for the operation, permitting, and scheduling of mobile food truck and food trailer themed events to showcase such types of vendors operating out of or from Food Trucks and Food Trailers; and

WHEREAS, upon consideration of the anticipated structure of such events and administrative requirements and expense, the Board does find that the provisions hereinafter stated are reasonable, necessary and in the best interest of the City; and

WHEREAS, the City Manager and staff recommend approval;

NOW THEREFORE, BE IT ORDAINED, by the Board of Directors of the City of Texarkana, Arkansas, that:

Section 1.  The Code of Ordinances of the City of Texarkana, Arkansas, is hereby amended to include within Chapter 13, the following new Section 13-14:

Section 13-14

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(a) Purpose. The purpose of this section is to:

(1) Establish and make available to the public Food Truck and Food Trailer themed events that showcase such vendors operating out of or from Food Trucks and Food Trailers.

(2) Facilitate and provide for the ability of Food Trucks and Food Trailers to operate within designated Mobile Food Court Venues at Mobile Food Court Events while ensuring such use is in an organized fashion, is aesthetically appealing and does not create a dangerous condition. 

(b) Definitions. For purposes of this Chapter, the following definitions apply:

(1) City Manager.  The City Manager or his or her designee.

(2) Food Trucks. A type of mobile vendor which is a motorized and operationally self-contained single vehicle equipped with enclosed facilities for cooking, preparing, and selling prepared food and/or beverages.

(3) Food Trailers. A type of mobile vendor which is designed to be towed on public roads equipped with enclosed, self-contained, facilities for cooking, preparing, and selling prepared food and/or beverages.

(4) Commissary. A location designated by the City at which a Mobile Food Vendor holding a valid Mobile Food Permit pursuant to this Chapter may dispose of waste water from storage tanks and/or clean any utensils or kitchenware associated with that Mobile Vendor’s operations under this Chapter.

(5) Mobile Food Court Venues. Venues approved for Mobile Food Court Events are as follows:

(i) The southernmost parking area of the Bobby F. Ferguson Park (or such portions thereof as designated by the City Manager from time to time in accordance with this section). 

(ii) The Front Street Festival Plaza parking area (or such portions hereof as designated by the City Manager from time to time in accordance with this section).

(6) Mobile Food Court Event.  The scheduled permissible gathering of Mobile Food Court Vendors at a Mobile Food Court Venue for purposes of cooking and selling prepared food.

(7) Mobile Food Vendor.  A person or entity holding a Mobile Food Vendor Permit in accordance with this provision. 

(8) Mobile Food Vendor Permit.  A permit issued to a Mobile Food Vendor pursuant to this chapter.

(9) Public Works Director.  The Director of Public Works or his or her designee.

(c) Permit Required. 

(1) Operation of a Food Truck or Food Trailer at a Mobile Food Court Event shall not be permitted without a valid, current Mobile Food Vendor Permit.  The Mobile Food Vendor Permit shall be conspicuously displayed at all times during a Mobile Food Court Event.

(2) Given the unique nature of mobile food establishments, the following Code provisions are not applicable to the operation of Mobile Food Vendors at Mobile Food Court Events:  Sections 10-17 through 10-23, 10-36 through 10-42. 

(3) A peddler’s license or hawker’s license shall not be required for or in addition to a Mobile Food Vendor Permit, nor shall a peddler’s or hawker’s license suffice for or constitute a Mobile Food Vendor Permit.  

(d) Mobile Food Vendor Permit Application, Fee, Expiration, Etc.

(1) Any person or entity requesting a Mobile Food Vendor Permit shall be issued the same upon payment of the permit fee and submission of application in form established by the City Manager providing the following:

(i) The name, mailing address, email address and phone number of the applicant and, if different than the applicant, the name, mailing address, email address and phone number of at least one of the owners of the Mobile Food Truck or Mobile Food Trailer.

(ii) Written evidence of ownership or right to use and possess the Mobile Food Truck or Mobile Food Trailer.

(iii) A valid copy of all necessary permits required by state and county health authorities.

(iv) Proof of inspection of the Mobile Food Truck or Mobile Food Trailer by the Texarkana, Arkansas, Fire Department.

(v) Proof of application for remittance of all applicable state and local taxes.

(2) The annual permit fee for a Mobile Food Vendor Permit shall be $250.00.

(3) To facilitate participation in Mobile Food Court Events by Mobile Food Court Vendors, a Mobile Food Vendor may also procure a permit for use of the Commissary (a “Commissary Permit”) in connection with the Mobile Food Vendor’s activities hereunder for an annual fee of $150.00.

(4) Mobile Food Vendor Permit and Commissary Permits issued under this section shall expire on June 30 of each calendar year.  The fees contained in this section shall be the same for any full year or portion thereof; there shall be no proration for any partial year.  

(5) Application may be made prior to June 30, for a Mobile Food Vendor Permit (and, if desired, Commissary Permit) to be effective on the following July 1, by so stating, in writing, at the time of application.

(6) Mobile Food Vendor Permits and Commissary Permits are not transferable.

(7) Fees paid under this section are nonrefundable; provided, however, in the event that the City Manager permanently discontinues the availability of the Commissary, any fee paid for a Commissary Permit shall be prorated and refunded based on the date of discontinuance (temporary interruptions in Commissary service shall not constitute permanent discontinuance).    

(e) Mobile Food Vendor Operations and General Rules

(1) The City assumes no responsibility in connection with issuance of a Mobile Food Vendor Permit or Commissary Permit.  A Mobile Food Vendor operates at the Mobile Food Vendor’s own risk.

(2)  Subject to the terms of this section or other applicable law, regulation or rule, Mobile Food Court Venues are open for Mobile Food Court Events beginning not earlier than 7:00 am, nor ending after 10:00 pm.  Furthermore, the City Manager may establish such other dates for Food Court Events (including, without limitation and for example only, holidays), or extend the permissible hours of operation to no later than 12:00 am (including, without limitation and for example only, to allow for operation to coincide with other city or community events)

(3)  It is recognized that the availability of Mobile Food Court Venues is subject to any number of other factors (including, without limitation, other planned uses or events at the venue); that space within a Mobile Food Court Venue may be limited; and, that personnel or budgetary considerations may limit the City’s ability to schedule and hold Mobile Food Court Events.  Given these practical concerns and notwithstanding anything contained in this section to the contrary, it is specifically provided Mobile Food Court Venues may not always be available for a Mobile Food Court Event, nor does a Mobile Food Vendor Permit give rise to an absolute right participation in any Mobile Food Court Event. 

(4) Mobile Food Vendors may access a Mobile Food Court Venue one (1) hour prior to the start of a Mobile Food Court Event for purposes of setup and may remain for not longer than one (1) hour following the Mobile Food Court Event for purposes of take-down and cleanup.  Notwithstanding the foregoing, in the event of successive days of Mobile Food Court Events, the City Manager may allow Food Trucks and Food Trailers to remain at the Mobile Food Court Venue overnight at the sole risk of the Mobile Food Vendor.

(2) The City Manager may establish such policies or rules as may be necessary to:

(i) Delineate the boundaries of any given Mobile Food Court Event within a Mobile Food Court Venue;

(ii) Delineate the arrangement and spacing of Mobile Food Vendors at any given Mobile Food Court Event;

(iii) Establish a system for the fair and orderly reservation of available spaces at any given Mobile Food Court Event by Mobile Food Vendors;

(iv) Provide for the barricade of an area prior to a planned Mobile Food Court Event; and/or

(v) Establish such other rules and procedures for Mobile Food Vendors, Mobile Food Court Venues, and Mobile Food Court Events not inconsistent with the terms of this section.

(4) Although the City may, from time-to-time, provide for trash receptacles for use by the general public at a Mobile Food Court Event, Mobile Food Vendors are generally responsible for providing trash receptacles and keeping their respective areas generally clean, neat and free of refuse.  The Mobile Food Vendor has the responsibility to dispose of all waste in accordance with all applicable laws.  Mobile Food Vendors are not permitted to dispose of their trash from operations in public trash receptacles.

(5) Mobile Food Vendors shall conduct activities permitted by this section in such a manner designed to provide an inviting peaceful experience for the public.  The use of any device that produces a loud and raucous noise or the operation of any loudspeaker, light or light system, public address system, radio, sound amplifier, or similar device is not allowed, nor is the conducting the business of food vending in such a manner as to create a public nuisance, cause a breach of the peace, or constitute a danger to the public health, safety, or welfare.

(6) Mobile Food Court Events are for the preparation, cooking and selling of prepared food and/or beverages by Mobile Food Vendors and not for the general sale of other goods or services (provided, however, Mobile Food Vendors may offer for sale ancillary goods in connection with the sale of the Mobile Vendor’s food products so long as the primary business of the Mobile Food Vendor at the Mobile Food Event is the preparation, cooking, and sale of prepared food and/or beverages).  Nevertheless, the City Manager may, from time to time, coordinate Mobile Food Vendor Events with other events not otherwise prohibited by applicable law or ordinance to provide for additional activities and offerings available to the public. 

(e) Exemptions. The provisions of this Mobile Food Court ordinance do not apply to:

(1) Events authorized by separate permit or license issued by the City or any of its Departments.

(2) Private events occurring on private property.

(f) Denial, Suspension and Revocation of Permit.

(1) Mobile Food Vendors shall immediately notify the Director of Public Works upon the suspension or revocation of any applicable state or county health permit or authorization.

(2) Suspension or Revocation of any applicable state or county health permit or authorization shall constitute immediate like-suspension or revocation of any permit issued under this section, without further notice and without the right to appeal through the City.  In the event the applicable state or county regulatory agency reinstates the state or county permit or approval, upon written evidence of the same to the Director of Public Works, any permit issued under this section shall be reinstated for the remainder of the term of the permit. 

(3) Any permit issued under these regulations may be suspended or revoked by the Public Works Director for any of the following reasons:

(i) Fraud, misrepresentation or knowingly false statement contained in or made in conjunction with the application for the permit.

(ii) Violation of this section or any applicable federal, state or local law, rule or regulation.  

(4) When notice is required, the Director of Public Works shall provide written notice of the denial of a permit application or the suspension or revocation of a permit and a brief statement setting forth the grounds for suspension or revocation and notifying the vendor his/her right to appeal to the City Manager within thirty (30) days of the date of such written notice.  The decision of the City Manager on any appeal shall be final.  Any notice by the Public Works Director or City Manager pursuant to this subsection shall be personally delivered to the Mobile Food Vendor or mailed to the address of the Mobile Food Vendor on the permit holder's application by certified mail, return receipt requested.  Any appeal under this subsection shall be submitted to the City Manager’s office in writing, setting forth the basis for the appeal. 

Section 2.  In the event any title, section, paragraph, item, sentence, clause, phrase or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of this ordinance.

PASSED AND APPROVED this 21st day of May, 2018.

 

__________________________

Ruth Penney Bell, Mayor

ATTEST:

 

__________________________

Heather Soyars, City Clerk

 

APPROVED:

 

__________________________

George M. Matteson, City Attorney