Food Truck Discussion; Genellie/Domeier
CITY OF HOPKINS
Memorandum
To: Honorable Mayor and Council Members
From: Jim Genellie, Assistant City Manager
Amy Domeier, City Clerk
Copy: Mike Mornson, City Manager
Date: June 9, 2015
Subject: Food Truck Discussion
___________________________________________________________________________________________________________
Staff is continuing to see an increase in inquiries regarding food trucks within the
City of Hopkins. This topic was last addressed with the Council in 2013 when a
vendor had interest in locating in Hopkins. The consensus was that any food
truck should locate in the Clock Tower Plaza and not in front of any particular
business. However, no formal regulations were developed. Currently, the zoning
ordinance does not allow for food trucks.
Presently, food truck sales to the general public are occurring under special event
requests or as part of temporary outdoor events associated with festivals and the
Farmers’ Market. The Hopkins School District also uses a food truck as part of its
summer lunch program in Oakes Park. Currently, there is no fee for the uses at
these events.
Staff has received requests from food truck vendors to operate on public right-of-
way and private/public events held at City parks (specifically at Burnes,
Downtown and Central Parks). In addition, staff receives requests from
businesses requesting to have food trucks at events on their private property.
If the City Council has interest in exploring the matter further, it would be useful to
provide direction on the following regulation issues:
1. Allowing food truck sales on private property in connection with temporary
outdoor events and on City park property when in connection with specific
events, such as sports tournaments, Raspberry Days, Mainstreet Days,
and other City sponsored events (i.e., Music in the Parks) if approved by
the host/organizer.
Memo
June 9, 2015
Page 2
2. Allowing food sales from a vehicle, trailer or cart within the City while
temporarily using or occupying any street, right-of-way, or public park.
3. Allowing food sales from a vehicle, trailer or cart within the City while
temporarily using or occupying private property.
If the Council is interested in exploring the matter further, direction should include
the location, time and manner sales may occur. For example, the Transient
Merchant License, which currently does not apply to Food Trucks, has a limit of
four events with each event limited to four days.
Once those standards are developed then performance standards, permit and/or
licensing requirements and a fee structure can be created. In addition to updating
the City Code to allow and regulate food trucks, a zoning code update will be
necessary as food trucks are not a permitted use.
Helping City Leaders Build better Communities
FOOD ON WHEELS:
Mobile Vending Goes Mainstream
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Table of Contents
Executive Summary 3Additional
Recommendations 25
Introduction 5
Conclusion 29
Economic Activity 7
About This Publication 31
Public Space 11
Appendix 33
Public Health 17
References 35
Public Safety 21
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Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Executive Summary
1
Mobile food vending generates approximately $650 million in revenue annually.
nately, most cities are legally ill-equipped to harness this expansion. Many city ordinances were written
sidewalk peddlers, and similar operators. Modern mobile vending is a substantial departure from the
vending typically assumed in outdated local regulations. Vendors utilize large vehicles packed with
high-tech cooking equipment and sanitation devices to provide sophisticated, safe food usually pre-
pared to order.
of a community. With the intent of helping city leaders with this task, this guide examines the follow-
ing questions: What policy options do local governments have to regulate food trucks? What is the
best way to incorporate food trucks into the fabric of a city, taking into account the preferences of all
stakeholders?
vending regulations within each of these cities was collected and analyzed, and supplemented with
Based on recurring themes and commonalities, regulations are grouped into four policy areas:
Economic activity: this policy area provides insight into aspects of food truck regulation that
barriers to market entry. Two areas of regulation that impact economic activity - streamlining
and permit costs are examined, with recommendations provided for each.
Public space: mobile vending takes place on both public and private property, but public
property presents a unique set of challenges. With the rapid expansion of food trucks, there is
encroaches upon the ability of stakeholders to maximize the advantages that public space can
ined here, with recommendations provided for each.
Public health: this is one of the most basic concerns regarding mobile vending. All stakeholders
in a streamlined process for all stakeholders.
Public safety: public safety is a key reason why many cities began regulating food trucks. Regu-
lations examined here include private property, vending near schools, and pedestrian safety,
with recommendations provided for each.
3
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
All of the recommendations in this guide include regulatory best practices that are currently in place
food truck throughout the guide) and food truck/industry associations, (2) restaurants and restaurant
associations, (3) the community, and (4) city government.
vending are also included:
1. Hold Town Hall Forums and Private Meetings with Core Stakeholders.
......................................................................................
3. Implement Pilot Programs to Determine What Regulations to Adopt.
4. Use Targeted Practices as a Way to Address Underserved Areas of the City.
..........................................................................................
Vend in the Same Location.
cumstances, but logical enough to provide useful guidance to local leaders interested in integrating food
4
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Introduction
Mobile vending has grown considerably in recent years, generating approximately $650 million in
2
revenue annually.
desire for quality, value, and speed; an appreciation for fresh, local food; and a preference for small
and sustainable business. As such, mobile vending is also commonly used as a means to expand eco-
nomic opportunity, and enrich communities by improving access to goods and produce not otherwise
for hopeful restaurateurs, as they are an easier and more cost-friendly alternative to opening a brick
and mortar restaurant. Many entrepreneurs have capitalized on the mobile vending industry, creating
3
unfortunately, most cities are legally ill-equipped to harness this expansion. Many city ordinances were
dog carts, sidewalk peddlers, and similar operators.
Modern mobile vending is a substantial departure from the vending typically assumed in outdated
local regulations. Vendors utilize large vehicles packed with high-tech cooking equipment and sanita-
tion devices to provide sophisticated, safe food usually prepared to order. Food trucks also take up a
the aforementioned types of mobile vendors, and have a more challenging relationship with brick and
mortar restaurants and other vendors.
Advocates of stricter regulations generally assert that mobile vending congests sidewalks and streets,
are unsanitary, and diminish urban quality of life. Regulations that currently impede mobile vending
operations in U.S. cities commonly include public property bans, restricted zones, proximity bans, and
of this popular market, but because the industry is so new, there are few examples of the best ways to
amend existing provisions or adopt new laws.
growth and account for the concerns of key stakeholders: food trucks, restaurants, residents, and city
four policy areas:
Economic activity
Public space
Public health
Public safety
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Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Stakeholders and
mobile vending policy and regulatory devel-
opment for cities of all sizes. Using this guide,
Stakeholder Values
local leaders will be able to better understand
the policy options local governments have for
Stakeholders are identied as: (1) mobile vendors (this term
regulating food trucks, and determine the best
is used interchangeably with food trucks here) and food truck/
way to incorporate food trucks into the fabric of
industry associations, (2) restaurants and restaurant associa-
a city while taking into account the preferences
of all stakeholders.
.............................................................
For food truck vendors, it is assumed they would prefer an
approach of looser regulations, clear, narrowly tailored laws,
Selection of Cities
and streamlined procedures. For restaurants, it is assumed they
favor stricter regulations that limit competition from food truck
vendors. Although values are likely to vary among different
across 13 cities, based on population density,
community groups, it is assumed that in general com-
presence of local food truck industry, and avail-
munity members hold quality of life concerns, including fear
ability of mobile vending regulations. Figure 1
of negative spillovers (congestion, noise, pollution, etc.) as
shows the cities that are included in the guide.
primary concerns, but also harbor a strong desire for community
vibrancy. At the same time, community members generally pre-
Very large cities like New York City and San Fran-
fer more food options to fewer. For city government, balancing
cisco were not included on the basis that conclu-
sions drawn from analyzing their regulations
the interests of stakeholders is a key priority, but so is a desire
would not be generalizable to most other cities.
for economic vibrancy and revitalization, administrative ease,
effective enforcement through regulatory clarity, and options
Figure 1: Selection of cities
that are budget friendly and cost-effective.
Cities (population density)
LOW POPULATION DENSITY
Durham, NC
New Orleans, LA
Indianapolis, IN
Atlanta, GA
Austin, TX
MODERATE POPULATION DENSITY
Cincinnati, OH
Denver, CO
Las Vegas, NV
Portland, OR
St. Louis, MO
HIGH POPULATION DENSITY
Oakland, CA
Washington, DC
Boston, MA
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Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Economic Activity
ers two topics that impact economic activity - streamlining and cost of permits for food trucks - and
explores how these issues impact the various stakeholder groups.
Streamlining
Regulations that dictate how centralized the mobile vending permitting process is can greatly impact
to gain permits and licenses.
Stakeholder Concerns
For food trucks, one of the key objectives is to earn revenue. For brick and mortar restaurants, their goal
is the same, and the level of competition food trucks create or are perceived to create can be of concern.
For the community and city, creating opportunities for economic development is a key priority because
it raises tax revenue, vibrancy, and creates a level of attractiveness for business and residents as well as
for the city as a whole.
Having a more centralized process for permitting generally allows vendors greater ease in entering the
mobile vending arena by reducing the number of city departments they must interact with and receive
7
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
approval from. Centralizing the process also reduces the number of intra-department communications.
amount of work for each. Although to be fair, it increases the level of work for whichever department is
tasked with overseeing mobile vending permitting process. For the community, a centralized process is
and ultimately, raise more revenue for the city.
Regulatory Trends
multiple city departments to permit and license various aspects of the mobile vending business. For
instance, mobile vendors must apply for and receive a health permit that inspects the sanitation and food
safety of a mobile vending vehicle, a traditional business license, and at times a zoning license and a safety
permit. Although the number of permits and departments involved may vary, there is a trend of three to
process into one city department for all city permits. Although these cities have centralized the part of
the permitting process they control, there is still a need for a county health permit.
Recommendation
Making the permitting process more streamlined has positive impacts on both mobile vendors and city
looking to implement a more centralized mobile vending permitting process. Austins comprehensive
vendor needs, including:
Mobile Food Vendor Permit form, including the cost of the permit,
Checklist of additional permit requirements for mobile vendors (with exact descriptions of
what is expected and who to contact if there are any questions),
Mobile Vending Unit Physical Inspection Checklist (includes 14 requirements ranging from a
ager/food handler, the responsibilities of the central preparation facility (the commissary), and
4
the restroom facility agreement.
Austins webpage is clear and concise. It has detachable forms and blank spots for the necessary sig-
actual schematics of the truck components required for food preparation and handling safety, and
perhaps best of all, nowhere does it suggest the reader refer to a subsection of some code or statute
not included in the document.
As of January 2013, the Cincinnati Department of Health is solely responsible for the citys permitting
5
process, application process, and payments associated with the citys mobile food vending.
their licensing needs.
8
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Cost of Permitting
whether or not to start a business. One of the most basic barriers to entry for many potential entrepre-
neurs is start-up costs, which include permitting fees.
Stakeholder Concerns
rier to entry. On the city government and community side, it can mean either an increase in revenue
(from the actual permit) or a decrease in revenue (if cost deters some vendors from applying for a
permit\[s\]). For mobile vendors, their self-interest is to keep the costs of permitting low so that there is
an ease of entry into the market. For brick and mortar restaurants that believe mobile vendors are their
competition, their interests lie in keeping the costs high enough to keep the number of mobile vendors
the balance between raising costs enough to maximize fees while not increasing them to the extent that
they become a deterrent for mobile vendors.
Regulatory Trends
For the cities included in this guide, the cost of permitting fees ranged from $110 - $1,500 annually.
Although the amount of permits required and the cost for each vary depending on the city, the majority
9
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Recommendation
by the presence of food trucks, but not so high that they discourage potential business owners from
expenses vary depending on the city.
Below are examples of permitting costs in three cities:
Durham: $75 for a yearly permit (not including health permit costs).
New Orleans: Annual mobile vending permit fee - $305.25, Occupational license - $150.00,
ing $610.50.
St. Louis: $500 mobile vending permit fee to the Director of Streets, a $200 licensing fee (and
$20 for each employee) to the License Collector, and $130-$310 (depending on type of food
served) for a health permit to the Director of Health.
10
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Public Space
Mobile vending takes place on both public and private property, but public property presents a unique
set of challenges. Flexible access can lead to over-utilization, which in turn can produce unwanted con-
6
With the rapid expansion of the food truck scene, there is increased demand for limited space, which
increases the likelihood of unwanted externalities and encroaches upon the ability of other stakeholders
this property, which includes balancing the needs of all interested parties, diminishing negative exter-
ways to address the higher demand.
graphic limitations related to density. A variety of approaches are recommended for dealing with these
issues that balance stakeholder needs and take into account context and other practicalities.
Time Constraints
One set of regulations that impacts the use of public space for mobile vendors is how much time food
trucks are allowed to park and vend in one location.
11
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Stakeholder Concerns
Shorter time limits translate to less time for vendors to sell in one spot, which favors competing stake-
holders like restaurants, since less time means less competition. Time limitations have both advantages
and disadvantages for members of the public - less time means fewer choices for consumers but it also
means less congestion and more parking options. For the city, the issue is also a mixed bag. Longer
time limits mean vendors are easier to track down, since they are in fewer spots throughout the day. At
the same time, longer time limits have the potential to reduce patronage at area restaurants. Moderate
produce the most balanced results (from a stakeholder perspective).
Regulatory Trends
Most of the cities included in this guide favor moderate or less restrictive parking durations. Five cities
ment of these regulations.
Recommendations
Time limits of four hours or longer are recommended. Vendors need approximately one hour to set-up
and pack-up once they are done with selling. As a result, anything less than four hours leaves vendors
food trucks for safety or health purposes when they are in several locations throughout the day. How-
ever, an unlimited approach may not be feasible in denser regions, where restaurants and other estab-
time limit is included in regulatory amendments and council suggestions of various cities, including
Oakland and Durham.
little time to actually sell food before having to move again. Vendors complained about the restric-
7
Originally, Durham had a regulation on
stakeholders. As the number of trucks started to increase in 2010, push back began, particularly among
were well attended, not only by key stakeholders but also by members of the public. Durham is a town
with strong public support for small businesses, and regulations that would make vending easier were
favored. In late 2012, the rules were amended, and included a repeal of the 15-minute provision. No
additional time constraints were adopted, and as a result, food trucks can vend in one location for an
8
unlimited amount of time.
Unlike Durham and Oakland, Atlantas provision of 30 minutes in no more than two locations per day
has not been successfully challenged. Since the 2013 NCAA Final Four basketball game, vending on
public property is completely prohibited. Before this, vending in public space was very limited, based
on history that dates back to the 1996 Summer Olympics in Atlanta and the more recent contracting
12
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
9
out to a private company the responsibility of mobile vendor management. Virtually all mobile vend-
ing takes place on private property, where the 30-minute rule does not apply.
Proximity Restrictions
with the distance restrictions between food trucks and restaurants that impact the use of public space.
Stakeholder Concerns
Greater distance requirements favor restaurants and other established businesses, and are a mixed bag
for residents for the same reasons discussed under time constraints. Larger proximity rules disadvantage
mobile vendors because it reduces the number of places to sell, particularly where clusters of restaurants
in regards to proximity restrictions, since such regulations usually balance competing stakeholder needs
such regulations do impact where vendors conduct their business, which means the city still has to deal
with congestion and other spillover concerns, particularly in denser regions.
Regulatory Trends
Similar to time constraints, the cities included here have largely moderate or lenient proximity restric-
tions. Six or seven have either no restrictions or relatively short distances, and four of the cities occupy
the middle ground, with 150-200 foot requirements. Only one, New Orleans, has a restriction of 600
feet. New Orleans has a proposal to shorten the distance to 50 feet, but there has been resistance to this
10
proposal from some city council members and the Louisiana Restaurant Association.
Recommendations
Proximity restrictions should be no more than 200 feet at the high end. Density issues may call for a
tiered structure, or for abandoning proximity altogether. One of the problems with adopting an explicit
in less dense areas of a city, but such a distance is impractical in very dense neighborhoods. A city right-
of-way, with multiple restaurants on both sides of the street where the distance between each side may
to loosen or abandon proximity rules in dense neighborhoods with a great deal of commercial and
residential activity. A tiered model, where the distance requirements are shortened for denser neighbor-
hoods and widened for others is also an option.
rants and food trucks have surfaced. In order to quell the rising tension, the St. Louis Department of
1112
Streets enacted a 200 foot rule. Durham has adopted a 50 foot rule.
13
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Geographic Limitations Associated with Density
Another set of regulations relate to whether vending is permitted in particular segments of public space.
Stakeholder Concerns
Like the above issues, the more restrictive provisions advantage established businesses like restaurants,
while working against the interests of food trucks. Constraints on the number of places open for selling
tend to be more prevalent in denser areas of cites due to the much greater number of players utiliz-
of established businesses and residences are located in close proximity to each other within a relatively
limited area. Again, for cities, moderate approaches are generally the best at balancing stakeholder inter-
ests. Like parking durations, tracking issues come up here as well. Limiting vending to certain locations
Regulatory Trends
Of the cities included here, most currently embrace a patchwork approach, wherein vending is lim-
ited to certain zones, districts, parking spaces, or limits on operation in the Central Business District
the more restrictive side, with outright bans on public space or CBD vending.
14
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Recommendations
all mobile vending is not suggested unless the circumstances are exceptional. For a city like Durham,
heavy-handed zoning constraints make little sense, as the interests of other stakeholders are only mod-
estly compromised compared to denser areas, there are fewer negative spillover threats, city residents are
to choose where to operate. As a result, street right-of-ways and core downtown parks are open for
13
vending. In denser cities, the compromises that other stakeholders must make and the risk of negative
externalities are increased, suggesting a more moderate regulatory framework should be implemented
that requires all parties to relinquish some freedoms without entirely excluding them from the space.
food trucks. Vendors are barred from selling in a section of the southwestern corner of downtown, which
is roughly seven by nine blocks. Vendors must also maintain a 300 foot distance from all public parks,
unless a special event is taking place, and then they must obtain permission from the city to participate.
ing spaces or sections of right-of-way to be set aside for mobile vending. Las Vegas currently has a pilot
14
program that adopts a version of this (three spaces are being set aside downtown for food trucks only).
Areas where vending is allowed must be clearly delineated and easy to decipher. Several cities have
should also be clear and transparent. A map that explicitly labels the areas where vendors are allowed to
operate would be a helpful tool for all stakeholders.
consider making private space in less dense areas easier for vendors to access. Atlanta has a unique his-
tory that has produced provisions that greatly restrict vending on public property, and most recently,
an outright ban by the Mayor Kasim Reed. To alleviate the impact of this restriction on mobile vend-
ing, Councilmember Kwanza Hall and others have worked to make vending on private property easier.
A provision that originally required food trucks to maintain a distance of 1,500 feet from restaurants
when at least two mobile vendors are selling on private property was amended to shorten the distance
15
to 200 feet. Trucks have adapted to the ban on public property by moving into private space, and this
has kept mobile vending alive in Atlanta.
15
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Public Health
One of the most intrinsic and logical concerns regarding food trucks, and one that has been a
basic consideration since their inception, is public health. All stakeholders realize the need to address
but not onerous, and results in a streamlined process with outcomes that provide for the wellbeing of
all stakeholders.
Sanitation
Sanitation refers to food trucks proper cleaning of preparation utensils and disposal of garbage,
wastewater (gray water) and remnants of grease traps. Unlike the variety of procedural approaches
taken by cities within the sphere of public space, the guidelines adopted for sanitation tend to be
similar across cities.
Atlantas rules provide a typical example of the sanitation provisions that exist in most cities. Mobile
food units must have a trashcan that is at least 30 gallons, and it must be emptied at the commissary.
Two sinks are required - a three-compartment equipment sink (for washing dishes, etc.) and another
sink for washing hands. A wastewater tank that has a 15 percent larger capacity than the potable water
tank is also required. To prevent contamination, the connections for each must be distinguishable, and
16
the wastewater tank must be lower than the potable tank. Atlanta is also typical of many cities in that
the health code is state law. As such, cities are unable to craft law; they can only enforce provisions
established at the state level.
Recommendation
Cities looking to adopt sanitation regulations for mobile vendors should adhere to the standard require-
17
almost any city government website; Austin has particularly clear processes. Since many cities are
unable to enact their own sanitation laws, they may want to articulate their need and concerns to the
state legislature when appropriate.
Food Safety
17
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
the CFSM must designate someone else as the PIC. During Health Authority inspections, the PIC may
Code lists a variety of ways this can be shown, such as demonstrating knowledge of how to properly
18
handle food, among other things.
Recommendation
State laws often require mobile vendors to adhere to the same food safety regulations that are applied
accountability. Many vendors report that they actually appreciate the standards because they serve
to combat the roach coach stereotype. Brian Bottger, a food truck vendor in Durham, is one of
19
standards as restaurants.
Role of Commissaries
ingredients as well.
18
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Stakeholder Concerns
may operate out of a commissary, city employees, whether collecting licensing and permit documents
and fees, or performing routine inspections for maintaining sanitation and public health standards,
have fewer places to visit and can more easily streamline their permit review and inspection process.
ance with many of the regulatory burdens food trucks face are less expensive when shared by several
owners. Mobile vendors can also be assured that they are doing their due diligence with regards to
down. Commissaries provide new vendors with a central facility to get all the information they need to
ance; if they sign a contract with a commissary, it may become the commissary operators responsibility
to see that compliance is achieved.
Commissaries provide brick and mortar restaurant owners with the assurance that food trucks are being
held to the same standards and inspections as they are. Lastly, the general public can rest easy knowing
that commissaries cut down on the number of unregulated mobile vendors and that health concerns
departments).
Regulatory Trends
All of the cities included in this guide have a commissary requirement. Boston requires proof that food
trucks are serviced by a mobile food vending commissary and that mobile venders keep accurate logs
indicating that the food truck is serviced at least twice daily by a mobile food commissary for all food,
water and supplies, and for all cleaning and servicing operations. In Washington, D.C., all vendors
must maintain access to an approved depot location. A copy of the license for the service support facil-
ity and/or a recent inspection report is required to be presented. In St. Louis and Denver, trucks must
operate from a commissary and report there once a day to clean all supplies and servicing operations.
Recommendations
Mobile vendors should embrace the use of commissaries. It is recommended that cities adopt an
approach similar to the ones employed in Austin and Durham, where all food trucks must have a con-
20
tract with a commissary, but more than one food truck may be associated with a single commissary.
Food trucks may also negotiate with restaurants to utilize (and pay) them as places to dispose of waste.
mobile vendors are also able to use a single commissary.
the food truck operators, but still ensures food safety, which the public and the city may be concerned
about. It helps give the impression that food trucks are being held to the same standards, which restau-
19
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Public Safety
Public safety is a key reason why many cities began regulating food trucks. Issues around public safety
include private property, vending near schools, and pedestrian safety.
Private Property
Private property options for mobile vendors create opportunities for businesses to extend their market
reach, particularly for denser cities or those with very little public space (consider the Atlanta case
address private space. In some cases, they practice a more informal approach, allowing food truck oper-
ators to gain a private space permit and conduct business without further regulatory strings attached.
Others restrict mobile vending operations solely to private property. Equally important are existing
zoning codes applied to private property that may or may not be zoned for vending.
Stakeholder Concerns
erty) ought to lead the dialogue and development of relevant rules that empower proprietors to observe
21
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
and enforce appropriate safety measures on their property, and communicate those measures with
mobile vendors. For cities, responsibility of property maintenance is lessened and is likely to fall on the
shoulders of vendors and property owners, who will determine ways to address sanitation, safety, and
fewer time restrictions and less government involvement in their daily operations.
Regulatory Trends
When examined through the lens of public safety, the cities selected have adopted a variety of regula-
tory models to deal with private property. Seven cities had rules regarding private property. Two cities
zones where food trucks can operate to ensure public safety.
Recommendations
on private property, with the exception of denser regions. Owners of private property have the power
issue at stake is not how to best balance the needs of various parties that have access to the land, as
it is with public space. Instead, the emphasis shifts to reducing any negative externalities that might
spillover onto adjacent or neighboring properties, particularly if an owner grants permission to mul-
tiple vendors.
22
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
As such, a regulatory framework that is generally less restrictive than for public property is appropriate
as long as the owners grant permission for their land to be used by mobile vendors. However, since there
is a greater danger of negative externalities when private property is located in denser areas, a modestly
more regulated structure may be called for within these regions.
In Indianapolis, few regulations limit mobile vending business on private property. While the time-
frame for vending on public space is limited to between 10am and 6pm, a business can get a permit for
21
operating on private property and simply park at parking meters for the same rate as personal vehicles.
22
lots. A zoning permit may be required for development associated with a mobile vending cart, such
as changes to an existing parking area, landscaping, and drive-through facilities. Vending carts over 16
feet in length, with or without wheels, are considered Heavy Trucks by the zoning code, and are not
23
allowed in certain zones.
Vending Near Schools
Mobile vendors encounter several public safety issues when deciding to operate near schools. Issues
24
school food safety standards.
Stakeholders
Mobile vendors are beginning to recognize the potential opportunity to expand the food options avail-
able to local secondary schools and simultaneously capture a new, steady stream of customers, but they
may be met with opposition from school administrators and parents who see their presence as a threat
to safety and may view their menu options as potentially unhealthy. Cities looking to regulate vending
near schools must determine the best precautionary measures in terms of distance requirements that
mobile vendors must abide by.
Regulatory Trends
pus to patronize mobile vendors, and maintain safety standards for neighboring schools and commu-
their jurisdictions.
Recommendations
Restrictions on operating during school hours are recommended, and mobile vendors should be
required to maintain farther proximity from schools compared to restaurants, keeping density in mind.
23
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
decisions. However, proximity requirements should not handicap vendors in denser areas from selling
in viable spaces that happen to be closer to schools.
In Indianapolis, vendors are prohibited from operating within a distance of 1,000 feet (roughly 0.2
miles) of any part of a public or private grade or junior high school grounds while school is in session.
civic events held on public property such as a school.
School districts that want to expand their food options, but wish to do so with minimal budgetary
Designated curb-side parking (which is not adjacent to a main road) could reduce many public safety
concerns, particularly if students are generally allowed to roam the school parking lot where the trucks
would operate. As long as they continue to comply with the citys food safety standards, this could be a
Pedestrian Safety
Mobile vendors move from location to location, coming in close contact with pedestrians at intersec-
tions and street corners every day. While some city ordinances have distance-from-pedestrian/sidewalk
requirements (e.g. Durham has a 4-foot rule), the majority of the cities examined here have no such
language in their regulations. Pedestrian safety may be part of a broader regulatory approach in many
cities, but that focus often lacks emphasis or enforcement for mobile vendors (although it may be taken
up in other sections of city ordinances). Pedestrian and intersection safety measures be included in food
24
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Additional Recommendations
In addition to the recommendations included under each policy area, there are other, more general
recommendations to help cities adopt new vending policies, amend existing policies, build stakeholder
collaboration, and harness the potential for economic growth through the mobile food industry. Five
of these recommendations are discussed in detail below:
1. Hold Town Hall Forums and Private Meetings with Core Stakeholders.
also had private meetings with individual stakeholders to allow them to speak freely without fear of
Any fears they may have been afraid to share in Town Hall meetings could still be articulated to
brought to the table.
2. Encourage Dialogue and the Building of Relationships Among Competing Stakeholders.
Cities should look for ways to encourage relationships between the various stakeholders. At the heart
of proximity rules are concerns that restaurants (and other established businesses) have about unfair
community. Because they are stationary, most restaurants see themselves as part of the community fab-
Conversely, mobile vendors often feel that restaurateurs are fearful of innovation in food culture.
Collaboration between these stakeholders is something to strive toward, and cities can play an impor-
tant role in spearheading dialogue between these groups. Conferences, forums, or meetings could be
called with stakeholders from both sides invited to the table in a spirit of cooperation, with the intent
of encouraging them to see each other as collaborators rather than competitors more often than they
currently do. It could also encourage voluntary compromise help craft solutions that balance the needs
and concerns of both parties. Cincinnati has achieved this, to some degree. Food Truck Alliance Presi-
dent Matt Kornmeyer explained that food trucks in the city, voluntarily maintain a 100-foot distance
25
from neighboring restaurants as a sign of respect to brick and mortars, and as a preparatory measure.
3. Implement Pilot Programs to Determine What Regulations to Adopt.
large burden on an already existing network, and they provide insight that can inform the decision-
make them an especially useful tool for new industries. Pilot programs are being used in a variety of
cities, including Oakland, and are recommended for cities with a relatively new food truck scene or a
rapidly expanding one.
25
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
26
In 2001, the Oakland City Council created the Pushcart and Vehicular Food Vending Pilot Programs.
eral welfare by requiring that new and existing pushcart food vendors provide residents and customers
27
with a minimum level of cleanliness, quality and safety.
28
a photocopy of a valid drivers license.
29
districts because of the added desire to infuse economic development into the city.
is still active.
4. Use Targeted Practices as a Way to Address Underserved Areas of the City.
30
Moreover, in recent years, food deserts have become an issue of public concern. Although the cities
included here are not directly using mobile vending to combat food deserts, some are employing a tar-
geted strategy to get food trucks into various areas of their cities, outside of the core downtown districts,
some of which are underserved by brick and mortar restaurants.
Initially, the 2012 Cincinnati City Council approved an ordinance that declared a mobile vendor could
not sell food on the curbside or right-of-way. Now, seven zones exist in strategic places around the city,
31
up from four in 2011 per the recommendation of the Department of Community Development.
26
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Denver has actively considered several issues that might impact or encourage economic development.
trucks to activate underutilized space (like surface parking lots), and food trucks as restaurant incuba-
32
tors in underserved areas.
..........................................................................................
Vend in the Same Location.
ity in various West Coast cities. For example, Portland is known as the food truck capital of the world.
vendors to gain new clients. For city government, it can create an ease of regulation and enforcement
While Portland has a number of the more traditional mobile food trucks around the city, the majority
33
of their mobile vending occurs on private property, particularly surface parking lots and vacant lots.
Portland uses food truck centers to create economic vibrancy within various parts of the city. In 2009,
vacant lots as catalysts for economic development, deterring blight and encouraging vibrancy in the
process. It is important to note that while many of the food trucks (what they refer to as food carts )
34
on private property. Many of the pods are hosts to more permanent vending units, particularly in
35
they are considered vehicles in the eyes of the law, and are therefore exempt from the building code.
Atlanta often uses private surface parking lots to encourage mobile selling. Atlanta has also had a very
active and successful food truck association, the Atlanta Street Food Coalition, which does an admi-
rable job mobilizing vendors and keeping public and private partners informed.
27
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Conclusion
Mobile vending is not just a passing fad. However, it is important to recognize that there is no one size
acteristics contribute to the complexity and vibrancy of a city, including political climate, state laws,
demographics, and the existing restaurant industry. With this in mind, the recommendations included
framework best suited to their unique circumstances and that takes into account the whole spectrum
of stakeholder needs and concerns.
29
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
About this Publication
Research for this guide and the original draft of the document were completed by graduate students
at the George Washington University Trachtenberg School of Public Policy and Public Administra-
tion. Contributors include Anju Chopra, Malia Dalesandry, Garrett Jackson, Ana Jara, and Stephen
McFarland at the National League of Cities to conduct an analysis of food truck regulations in cities
and promoting cities as centers of opportunity, leadership and governance. NLC is a resource and advo-
cate for more than 1,600 member cities and the 49 state municipal leagues, representing 19,000 cities
and towns and more than 218 million Americans.
NLC provides research and analysis on key topics and trends important to cities, creative solutions to
tough issues and opportunities for city leaders to connect with peers, share experiences and learn about
innovative approaches in cities.
Acknowledgements
Special thanks to the George Washington University Trachtenberg School of Public Policy and Public
perspectives regarding the regulatory concerns and opportunities for their cities.
.
31
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
Appendix
Selection of Cities
ment of Transportation (DDOT). Each citys context and food truck policy/regulatory environment
was reviewed, and data was gathered on each citys region, population density, level of the local food
Low density (cities as those with a density range of 3,500 persons per square mile
(ppsm) and below)
Moderate density, (cities with 3,501-7000 ppsm)
High population densities (cities with 7,001 ppsm and above)
Ultimately, the sample of cities drawn ranges in population size from 279,641 (Durham) to 827,609
(Indianapolis), in density from 936 ppsm (Durham) to 12,793 ppsm (Boston). Very large cities like
New York City (27,000 ppsm) and San Francisco (17,000 ppsm) were not included on the basis that
conclusions drawn from analyzing their regulations would not be generalizable to most other cities.
selection process focused on cities with a food truck presence, then cities were divided into geographic
regions, and several cities were chosen from those regions. Context and background were also taken
lent themselves better to examination of recurring themes and common pitfalls.
With such an approach, it is possible that a city regulation that was uniquely innovative or informa-
paired with the regional breakdown, is an attempt to minimize this risk.
33
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
References
1 Intuit Network (December 2012). Food Trucks Motor Into the Mainstream. Retrieved from http://network.intuit.com/wp-content/uploads/2012/12/Intuit-Food-Trucks-Report.pdf
2 Intuit Network (December 2012). Food Trucks Motor Into the Mainstream. Retrieved from http://network.intuit.com/wp-content/uploads/2012/12/Intuit-Food-Trucks-Report.pdf
Protectionist Barriers to Street Vending, Institute for
...............................................................................................................................
Justice. Retrieved from http://www.ij.org/images/pdf_folder/economic_liberty/atl_vending/streetsofdreams_webnal.pdf
tment: Application for Mobile Food Vendor Permit.
...............................................................................................................................
Retrieved from http://www.austintexas.gov/sites/default/les/les/Health/eh_mobilefoodvendor_english__6_23_11.pdf
.......................................................................................................
http://www.cincinnati-oh.gov/quinlivan/linkservid/9EB7203C-BD53-179A-A67EA53AD2114CDC/showMeta/0/
oRUOGIGv5TTUkw6TFi6NOM#v=
...............................................................................................................................
onepage&q=denition%20of%20public%20goods&f=false
7 Marcus, Nancy (March 29, 2013). Telephone Interview with Nancy Marcus, Ofce of the City Administrators, Special Business Permits.
8 Based on interviews with Grace Smith, and Brian Bottger. Also the presentation Grace sent me on food truck regulations in Durham
9 Tribby, Jay (April 2013). Telephone Interview with Jay Tribby, Chief of Staff for Councilmember Kwanza Hall (Atlanta).
10 Section 110-190 of Code & Interview with Jonathan T. Harris
vable Eateries. Retrieved from
...............................................................................................................................
http://www.riverfronttimes.com/2012-01-05/restaurants/st-louis-food-truck-regulations-conicts-with-local-restaurant-owners/
l-Event Permits: Section 54-91(f) of the Durham
...............................................................................................................................
Code of Ordinances. Retrieved from http://durhamnc.gov/ich/cb/ccpd/Documents/Current%20Topics/draft%20street%20vending%20ordinance%2006288t12.pdf
l-Event Permits: Section 54-91(f) of the Durham
...............................................................................................................................
Code of Ordinances. Retrieved from http://durhamnc.gov/ich/cb/ccpd/Documents/Current%20Topics/draft%20street%20vending%20ordinance%2006288t12.pdf
.........................................................................................................
http://mobile-cuisine.com/off-the-wire/las-vegas-food-trucks-downtown-parking-spaces
15 Tribby, Jay (April 2013). Telephone Interview with Jay Tribby, Chief of Staff for Councilmember Kwanza Hall (Atlanta).
trieved from
...............................................................................................................................
http://health.state.ga.us/pdfs/environmental/Food/Rules/FoodServiceRules.pdf
Department: Starting a Food Business. Retrieved
...............................................................................................................................
from http://www.cityofaustin.org/sbdp/downloads/startfoodbus.pdf
18 Greg (October 18, 2010). Atlanta Street Food Coalition: Frequently Asked Questions. Retrieved from http://www.atlantastreetfood.com/frequently-asked-questions/
19 Bottger, Brian (March 17, 2013). Telephone Interview with Brian Bottger, Owner of Only Burger Food Truck in Durham.
20 Newman, Marcie G. (2012). Food Truck Safety: What is a Commissary? Retrieved from http://www.foodtrucksafety411.com/p/what-is-commissary.html
otectionist Barriers to Street Vending, Institute for
...............................................................................................................................
Justice. http://www.ij.org/images/pdf_folder/economic_liberty/atl_vending/streetsofdreams_webnal.pdf.
22 Ibid Rogers, K. and Roy, K. 2010
23 City of Portland, Bureau of Development Services. (December 2010). Vending Carts on Private Property. http://www.portlandonline.com/bds/index.cfm?a=154593&c=45053
35
Food on Wheels: Best Practices for Integrating Food Trucks into City Life
...............................................................................................................
http://www.heart.org/idc/groups/heart-public/@wcm/@adv/documents/downloadable/ucm_446658.pdf
25 Kornmeyer, Matt (March 2013). Telephone Interview with Matt Kornmeyer, author of Scratch Food Truck in Indianapolis.
d from http://www2.oaklandnet.com/Government/o/
...............................................................................................................................
CityAdministration/d/SpecialPermits/
27 City of Oakland 2001. http://library.municode.com/HTML/16308/level2/TIT5BUTAPERE_CH5.49PUFOVEPIPR.html
28 Ibid City of Oakland. 2001 http://library.municode.com/HTML/16308/level2/TIT5BUTAPERE_CH5.49PUFOVEPIPR.html
29 Marcus, Nancy (March 29, 2013). Email correspondence with Nancy Marcus, Ofce of the City Administrators, Special Business Permits.
30 http://science.howstuffworks.com/environmental/green-science/food-desert1.htm
incinnati-oh.gov/Webtop/ws/council/public/child/
...............................................................................................................................
Blob/33865.pdf;jsessionid=E4DD94DB39C972CCDB42511E2AB1DB1F?m=32736
32 City of Denver. 2012. http://www.livedowntowndenver.com/LDDBlog/?p=2422
33 Ibid Rogers, K. and Roy, K. 2010
34 Ritchie, Rachel. 2010. http://www.portlandmonthlymag.com/eat-and-drink/food-cart-city/articles/carts-greeley-0910
........................................................................................................................
http://www.planning.org/resources/ontheradar/food/pdf/TPDportlandfoodcarts.pdf
36
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