Report. Council. Mobile Food Vending Regulations. Purpose

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1 Report Date March 8, 2017 File: To Council From Natasha Horsman, Community Planning Coordinator Endorsed: Subject Mobile Food Vending Regulations Purpose This report seeks Council s direction to update the regulations and requirements for mobile food vending in North Cowichan to: clarify the requirements and locations where mobile food vending is permitted; ensure fair and competitive business opportunities; and align with community support. Background Currently, the Zoning Bylaw is silent on the topic of mobile food vending, except for a single reference in the definition of restaurant, as follows: an eating establishment, which may serve alcohol, where food is sold to the public for consumption within the premises, within the patron's motor vehicle, or to be taken to another location for consumption [emphasis added]. As a result, mobile food vending is currently allowed only in zones where restaurant is a permitted use. In limited cases, the Municipality has granted temporary site-specific access to parks or other Municipal property for mobile food vending, if permission to operate has been obtained in advance; however, there are no up-front guidelines that identify parks or publicly-owned property where mobile vending can be conducted. Mobile food vending is not addressed in North Cowichan s Business Licence Bylaw or any of the Municipality s application guidelines, although mobile food vendors must possess a valid business licence in order to operate in North Cowichan. Over the last year, North Cowichan has experienced an increase in the number of inquiries from mobile food vendors seeking to operate on both private and public property, particularly in the summer. Many food vendors explain that their business model has grown from parking in a fixed spot for longer periods of time to providing catering services, attending birthday parties, staff parties, retirement parties, block parties, weddings, and other events that do not necessarily occur in a fixed location and that naturally occur outside of areas zoned for restaurant use Trans-Canada Highway Box 278 Duncan, BC V9L 3X4 Ph Fax

2 Page 2 Discussion While mobile food operators have been eager to comply with North Cowichan s requirements, several have expressed a desire for clear regulations that better reflect their business needs. In addition, North Cowichan needs to develop a standardized approach to the question of whether mobile food vendors are allowed operate in parks and other public spaces, as well as establish terms and conditions by bylaw for business licences specific for mobile food vending (s. 15 Community Charter). Other local governments have developed detailed regulations that define how, where, when, and at what cost mobile food vendors can operate within their jurisdictions. This ensures that mobile food vendors are provided with some flexibility and that other businesses, residents, and staff understand the requirements. For reference, ATTACHMENTS 1 & 2 provide examples of how mobile food vending is regulated in the Cities of Courtenay and Nanaimo. North Cowichan s draft update to the Zoning Bylaw proposes the addition of a new definition for mobile food vending and revises the zones in which this activity is allowed. However, until the zoning bylaw review is complete, mobile food operators would need to continue operating under the current Zoning Bylaw provisions. Staff propose that a stand-alone revision to the Zoning Bylaw, the Business Licence Bylaw, and other related regulations would be preferred, in order to provide more flexibility and guidance to mobile food operators in the short-term. If Council directs staff to update the regulations for mobile food vending in the short term, staff will develop various opportunities for public and stakeholder input. Specifically, staff intend to consult with: Mobile food vendors: staff has compiled a list of existing mobile food vendors who are currently operating in North Cowichan. Staff propose to contact these owners and seek their input on business needs to inform proposed amendments. Business community: staff has heard from some business owners that allowing mobile vendors to operate in commercial areas during the summer season may be perceived as unfair to businesses and tenants who pay costs throughout the year. It is important to seek input from the business community and restaurant owners/operators in particular about to potential setback requirements for mobile food vendors. Residents: staff propose to seek input from the public through PlaceSpeak and potentially other mechanisms to provide an opportunity for residents to share their views on mobile food vending and how it should be regulated. Options 1. Retain the current requirements for mobile food vending, which characterize this activity as a restaurant use and limit the activity to zones where restaurant is a permitted use. 2. Pursue revisions in the short-term to expand flexibility for mobile food vending operations and provide clarity through amendments to the Zoning and Business Licence Bylaws Trans-Canada Highway Box 278 Duncan, BC V9L 3X4 Ph Fax

3 Page 3 3. Pursue revisions in the longer-term Zoning Bylaw review process to expand flexibility for mobile food vending operations and provide clarity through amendments to the Zoning and Business Licence Bylaws. Implications If Council chooses to retain the current requirements for mobile food vending, the current limitations on mobile food vendors will continue. If Council chooses to pursue revisions to these requirements in the short-term, staff will allocate time to developing proposed bylaw amendments and gathering public input over the coming 4-6 months. If Council chooses to pursue revisions to these requirements in the longer-term, staff will first conduct the Zoning Bylaw review process (with associated public consultation), and will subsequently bring forward proposed amendments to other related bylaws, as required. Recommendation That Council direct staff to draft bylaws to more effectively manage mobile food vending. Attachment(s): ATTACHMENT 1: Excerpt of Business Licence Bylaw from the City of Nanaimo ATTACHMENT 2: Excerpt of Business Licence Bylaw from the City of Courtenay 7030 Trans-Canada Highway Box 278 Duncan, BC V9L 3X4 Ph Fax

4 Bylaw 5351 (Consolidated) Page 2 Nanaimo Business Licence Bylaw Excerpts "Food Cart" (Bylaw effective 2016-MAR-01) "Food Trailer" (Bylaw effective 2016-MAR-01) "Food Truck" (Bylaw effective 2016-MAR-01) "Food Service Business" "Hours of Operation" Licence Inspector Licencee Liquor Licenced Establishment Location "Mobile Food Vending" (Bylaw effective 2016-MAR-01) means a non-motorized mobile cart with a maximum area of 4.65m², from which food and/or drink is dispensed, and where the entire stock of goods offered for sale is carried and contained in the cart and which may change locations from time to time, and which is not located in a permanent building or structure, and is removed from public access when not in use. means a portable, self-contained trailer that is equipped to cook, prepare and/or serve food or beverages but does not include food carts. means a motorized, mobile, self-contained vehicle that is equipped to cook, prepare and/or serve food or beverages but does not include food trailers or food carts. means a business primarily engaged in the sale of food and beverages for immediate public consumption on the premises of the food service business. (Bylaw 5442) means the hours that the business is open for the public. (Bylaw 5442) means a person appointed as Licence Inspector or Deputy Licence Inspector by City Council. means a business entity which holds a licence to operate a business within the City of Nanaimo under this bylaw. means a Liquor business licenced under the Liquor Control and Licensing Act of British Columbia. (Bylaws 5702, 5713) includes stores, offices, warehouses, factory buildings, houses, enclosures, yards or other places occupied, or capable of being occupied by a business entity for the purpose of carrying on a business. means the operation of a food service business from a food cart, food trailer or food truck. Post includes the act of keeping continuously displayed. (Bylaw ) "Premises" includes stores, offices, warehouses, factory buildings, houses, enclosures, yards or other places occupied, or capable of being occupied by a business entity for the purpose of carrying on a business. ATTACHMENT 1 46

5 Bylaw 5351 (Consolidated) Page A business licence for each user or occupier is not required if the operator of the flea market or craft sale holds a valid business licence for that location. 8.6 Special Events A business entity must obtain a valid business licence for the location where a special event is to be held or conducted A business licence for each user or occupier is not required if the organizer of the special event holds a valid business licence for that location The Licence Inspector may waive the licence fee for a special event where the organizer is a not-for-profit organization and the purpose of the event is to raise funds for charitable purposes "Mobile Food Vending" (Bylaw effective 2016-MAR-01) All business entities carrying on a Mobile Food Vending business within the City of Nanaimo must first obtain and maintain a valid Mobile Food Vending Licence for each mobile food vending unit in operation Proof that the following permissions have been obtained, and regulations met, must be provided prior to the issuance of the Mobile Food Vending Licence: (a) Island Health Approval (b) BC Safety Authority Approval (c) Proof of Motor Vehicle Insurance (food trucks and food trailers) (d) Proof of Liability Insurance coverage which meets the following minimum requirements: i. Inclusive limit of $2,000,000 and Public Liability & Property Damage ii. Cross Liability Clause iii. iv. City of Nanaimo named as joint insured under the policy Provide that the coverage under the policy cannot be canceled or any provisions changed or deleted unless thirty days prior written notice is given to the City by the Insurer. (e) Discharge Management Plan that describes how and where fats, oils and grease will be disposed Specified mobile food vending locations shall be designated as follows: (a) On-street locations: daily, on a first come, first served basis; (b) City park locations: through an online scheduling process; and, (c) Food cart locations: annually, on a first come, first served basis Before commencing operations on private property, a Mobile Food Vending business must first supply the Licence Inspector with a written letter of permission from the owner of the property on which the vendor will be locating. ATTACHMENT 1 47

6 Bylaw 5351 (Consolidated) Page A business entity must not carry on a Mobile Food Vending business on public property unless located in a location specified in Schedule 'E' A business entity carrying on a Mobile Food Vending business must comply with the regulations set out in Schedule 'E' of this Bylaw. 8.8 Trade Shows The business entity organizing a trade show must obtain a valid business licence for the location where the trade show is to be held A business licence for each exhibitor is not required if the organizer of the trade show holds a valid business licence for that location Retail (Bylaw 5442) The hours of operation of all retail businesses within the area shaded on Schedule 'F' are restricted to the hours between 6:00 a.m. and 11:00 p.m On two occasions during each calendar year a retail business may extend its hours of operation beyond the times restricted by the bylaw (i.e. 6:00 a.m. to 11:00 p.m.) from midnight on the first day until 6:00 a.m. on the following days." Section does not apply to food service businesses, a pub, or a video store Raves (Bylaw 5494) Business entity means a person organizing a Rave for profit or gain A Business Licence for a Rave shall be issued for a period of 24 hours A separate licence is required for each Rave No business entity shall organize a Rave without first obtaining a valid business licence for the location where the Rave is to be held An application for a Rave Licence must be made at least 14 days before the Rave is to be held The business entity organizing a Rave must provide to the Officer in Charge of the Nanaimo R.C.M.P. detachment a security plan which includes: (a) (b) (c) a first aid plan entrance control to ensure that alcohol or illicit drugs are not on the premises clean up of the area during and after the event ATTACHMENT 1 48

7 Bylaw 5351 (Consolidated) (Bylaws , effective 2016-MAR-01) SCHEDULE 'A' BUSINESS LICENCE FEES Licence fees shall be as follows: TABLE I UNIT FEE Cabaret/Lounge/Pub 1, Bank/Credit Union/Trust Co. 1, Casino 3, Escort Service 3, Massage Parlour 3, Child Care TABLE II - TEMPORARY BUSINESSES (fees will not be prorated) UNIT FEE Carnival per day Circus per day Christmas Tree Sales Flea Markets/Craft Fairs Home Handicrafts per day Raves per day Special Event (organizer) Temporary (other) Trade Show (organizer) TABLE III MOBILE FOOD VENDING BUSINESSES (fees will not be prorated) Mobile Food Vending Private City Park On-Street All Locations Unit Type Property Locations Locations Food Cart N/A N/A Food Trailer N/A N/A Food Truck TABLE IV - ALL OTHER BUSINESSES FEE All other businesses ATTACHMENT 1 49

8 Bylaw 5351 (Consolidated) Schedule E Page 1 (Bylaw effective 2016-MAR-01) SCHEDULE E MOBILE FOOD VENDING 1. GENERAL REGULATIONS 1.1 The mobile food vending unit shall be maintained at all times in good sanitary condition and the standard of appearance must always be aesthetically pleasing. 1.2 The mobile food vending unit shall supply its own power and water source. Generators used to provide power are only permitted if they do not create a disturbance. 1.3 No form of music or voice amplifying device will be permitted. All soliciting will be done at a level speaking voice with no shouting. 1.4 Vendors shall provide proper waste and recycling receptacles adequate to ensure the cleanliness of the adjacent area, clean up within a 10 metre radius after service at a location, and shall be responsible for removal of all collected garbage from the location. 1.5 Placement of any furniture (i.e. tables, chairs, benches, counters, etc.) associated with the mobile food vending unit is not permitted in on-street locations. 1.6 Clearance on all sides of the mobile food vending unit must be maintained such that pedestrians are able to easily and safely pass by without congestion. 1.7 Operation of the mobile food vending unit shall be conducted in a manner that does not restrict or interfere with the ingress or egress of the adjacent property owner or constitute an obstruction to adequate access by fire, police, or sanitation vehicles. 1.8 Vendors shall attend the mobile food vending unit at all times. 1.9 Overnight storage of the mobile food vending unit on public property is prohibited Mobile food vending in public locations will be permitted during the following hours: (a) On-street locations: 7:00 a.m. to 10:00 p.m. (b) Parks: during park opening hours 2. FOOD TRUCKS & FOOD TRAILERS Size and Configuration: 2.1 The food truck/trailer shall be no more than: (a) 2.5 metres in width; and, (b) 8 metres in length. 2.2 Service windows shall be oriented towards the sidewalk; service windows that face the street are not permitted. ATTACHMENT 1 50

9 Bylaw 5351 (Consolidated) Schedule E Page 2 (Bylaw effective 2016-MAR-01) 2.3 In on-street locations, sign boards are to be placed against the food truck to avoid any obstructions to vehicles or pedestrians. Parking: 2.4 Food trucks/trailers may only park in legal parking spaces or in designated locations in parks. 2.5 Food trucks/trailers shall not operate in angle or nose-in parking stalls unless in a designated location in a park. 2.6 Food trucks/trailers are exempt from hourly parking limits on city roadways where applicable. 2.7 On-street parking spaces will not be reserved for food trucks and will be open for public use when the food truck is not present. 2.8 Food trucks must be open for business at all times when parked in a designated onstreet food truck location. Locations: 2.9 Food trucks may operate only in specified areas in Table 1 and Maps 1, 2, and 3 in this Schedule Food trailers may operate only in specified areas in Table 1 of this Schedule: they are not permitted to operate in on-street locations Notwithstanding Subsections 2.9. and 2.10., food trucks shall not operate within: (a) 15 metres of an existing permanent food service establishment; (b) 100 metres of any elementary school; (c) 150 metres of a special event or festival (except where permission from the event coordinator has been obtained); (d) 10 metres of any intersection, crosswalk or bus stop; and, (e) residentially zoned areas A location log that tracks the time and duration of the food truck/trailer at each location shall be maintained by the mobile food vendor. This location log must be made available to a Bylaw Officer upon request. 3. FOOD CARTS 3.1 Food carts must be hand propelled, but may be delivered to their site by vehicle. 3.2 A maximum of one additional employee will be permitted to assist the operator of a food cart at any time. ATTACHMENT 1 51

10 Bylaw 5351 (Consolidated) Schedule E Page 3 (Bylaw effective 2016-MAR-01) 3.3 Food carts are permitted in the following locations: (a) Fixed Locations (i) Dallas Square (ii) Church Street and Chapel Street (iii) China Steps (iv) City of Nanaimo parks as authorized by the Director of Parks, Recreation and Environment (v) or other location authorized from time to time by the Licence Inspector (b) Special Zones (i) Stewart Avenue - from Newcastle Avenue to Zorkin Road (ii) Other location authorized from time to time by the Licence Inspector 3.4 Special Zones: (a) All food carts will remain in motion at all times. Food carts may be stopped for the purpose of directly dealing with a customer and must resume moving immediately upon conclusion of a sale. (b) Food carts are not permitted on the driven portion of a highway, except to cross at an intersection. TABLE I PERMITTED FOOD TRUCK & FOOD TRAILER LOCATIONS IN CITY PARKS At designated locations in the following city parks as authorized by the Director of Parks, Recreation and Environment: Bowen Park East Parking Lot Brechin Boat Ramp Departure Bay Harewood Centennial Park Loudon Park Maffeo Sutton Park May Richards Bennett Pioneer Park Merle Logan Field Pipers Lagoon Park Westwood Lake Park 2 vendors 2 vendors 3 vendors 3 vendors 1 vendor 6 vendors 2 vendors 2 vendors 1 vendor 2 vendors ATTACHMENT 1 52

11 Bylaw 5351 (Consolidated) Schedule E Page 4 (Bylaw effective 2016-MAR-01) ATTACHMENT 1 53

12 Bylaw 5351 (Consolidated) Schedule E Page 5 (Bylaw effective 2016-MAR-01) ATTACHMENT 1 54

13 Bylaw 5351 (Consolidated) Schedule E Page 6 (Bylaw effective 2016-MAR-01) ATTACHMENT 1 55

14 Courtenay Business Licence Bylaw Excerpts Licence Inspector means a person, or his designate, appointed by Council for the purpose of enforcing and carrying out the provisions of this bylaw and includes Building Inspectors and Bylaw Enforcement Officers. "Mobile Food Vending" means the operation of a food service business from a food cart, food trailer or food truck. Non-resident Business means a business, other than a resident business, carried on in the City, or with respect to which any work or service is performed in the City. Person includes a corporation, partnership, proprietorship, firm and the personal or other legal representative of a person to whom the context may apply under this bylaw. Resident business means a business carried on, in or from a premises or place located within the City. SECTION 2 - GENERAL REGULATIONS 2.1 No person shall carry on a business within the City without first: a. paying the fee for a business licence as described under Schedule A of this bylaw; and b. obtaining a City business licence; or c. being the holder of a valid intermunicipal business licence. 2.2 Any person carrying on more than one business shall obtain and pay for a separate business licence for each and every business. 2.3 Every person issued a licence to carry on a resident business shall keep the licence posted in a conspicuous place on the business premises named in the licence. 2.4 A business licence is not a representation or warranty that the licenced business complies with the bylaws of the City or with any other regulations or standards. 2.5 A licence inspector may grant a business licence when satisfied that the applicant has complied with the requirements of the bylaws of the City. 2.6 A licence inspector of the City may, subject to s. 16 of the Community Charter, enter at all reasonable times on any property that is subject to this bylaw to determine whether the regulations in this bylaw are being observed. 2.7 A licence inspector may refuse or suspend a licence for reasonable cause, including where a licensee: (a) (b) has failed to comply with a term or condition of the licence, the licensee s premises ceases to comply with a bylaw regulating building, land use, health, fire, environmental or business issues, or 2 ATTACHMENT 2 56

15 name and on which is affixed his photograph, said photograph being of passport size, namely 5 cm x 5cm (2 x 2 ); (d) display to any person with whom he is conducting or attempting to conduct business, a copy of the business licence issued hereunder. SECTION 9 - ESCORT SERVICES 9.1 Every person carrying on the business of or operating an Escort Service shall: (a) (b) obtain a business licence for the agency and pay an additional fee for each escort to whom customers are referred by the escort service; and provide a Business Licence Inspector with the name, address and birth date for each escort to whom customers are referred by the escort service, for approval from the Licence Inspector. SECTION 10 - MOBILE FOOD VENDING 10.1 No person shall operate mobile food vending within the City of Courtenay without first obtaining and maintaining a valid Mobile Food Vending licence for each mobile food vending unit in operation. Licences will be issued on a first come first served basis. Depending on demand for Mobile Food Vending on Public Property, time limits on the duration of stay may be imposed by the licence inspector No person shall operate mobile food vending without providing proof satisfactory to the City that the following permissions have been obtained, and regulations met: (a) (b) (c) (d) Island Health Approval; BC Safety Authority Approval; Proof of Motor Vehicle Insurance (Food Trucks and Food Trailers); Proof of Liability Insurance coverage which meets the following minimum requirements: i. Inclusive limit of $2,000,000 and Public Liability & Property Damage; ii. Cross Liability Clause iii. City of Courtenay named as joint insured under the policy iv. Provide that the coverage under the policy cannot be cancelled or any provisions changed or deleted unless thirty days prior written notice is given to the City by the Insurer. (e) A Discharge Management Plan satisfactory to the City of Courtenay that describes how and where fats, oils and grease will be disposed. 5 ATTACHMENT 2 57

16 10.4 No person shall sell goods other than food and beverages from mobile food vending No person shall operate mobile food vending in locations other than the following: (a) (b) Private Property zoned for Restaurant Use with the Mobile Food Business being at least a distance of 30 metres from an existing permanent food service establishment. City property and park locations as specified in Schedule B attached hereto and forming part of this bylaw No person shall operate mobile food vending on private property, without first supplying the Licence Inspector with a written letter of permission from the owner of the property on which the vendor will be locating No person shall carry on a Mobile Food Vending business on public property unless located in a location specified in Schedule 'B' attached hereto and forming part of this bylaw, or under a permit issued by the City for Special Events No person shall operate or provide mobile food vending that is not maintained at all times in good sanitary and aesthetically pleasing condition No person shall operate or provide mobile food vending without its own power and water source. No person shall operate generators used to provide power if they, in the opinion of the City, create a disturbance No person shall operate or provide mobile food vending without providing proper waste and recycling receptacles adequate to ensure the cleanliness of the adjacent area. No person shall operate a mobile vending unit without a cleanup within a 10 metre radius after service at a location, and removing of all collected garbage from the location No person shall operate mobile vending without maintaining clearance on all sides of the mobile food vending unit such that pedestrians are able to easily and safely pass by without congestion No person shall operate mobile food vending in a manner that restricts or interferes with the ingress or egress of the adjacent property owner or constitute an obstruction to adequate access by emergency services, City services, or sanitation vehicles No person shall leave mobile food vending unattended No person shall store mobile food vending on public property overnight No person shall operate mobile food vending without maintaining a location log that tracks the time and duration of the food truck/trailer at each location and making the log available to the Licence Inspector upon request No person who is providing or operating mobile food vending shall use or allow to be used 6 ATTACHMENT 2 58

17 any polystyrene (Styrofoam), non-recyclable or non-biodegradable materials in relation to the sale or delivery of food No person shall operate mobile food vending in public locations outside the following hours where applicable: Public Property: 7:00 a.m. to 10:00 p.m.; or Park opening hours No person shall operate mobile food vending within: (a) (b) (c) (d) 30 metres of an existing permanent food service establishment; 100 metres of any elementary school; 150 metres of a special event or festival (except where permission from the event coordinator has been obtained); and Residentially zoned areas unless approved by the Licence Inspector for a special event such as a Block Party FOOD TRUCKS & FOOD TRAILERS Size and Configuration: No person shall provide or operate a food truck or trailer more than: (a) (b) 2.5 metres in width; and 8 metres in length. SECTION 11 - OFFENCES AND PENALTIES 11.1 Any person who violates any provision of this bylaw or who suffers or permits any act or thing to be done in contravention of the bylaw, or who refuses, or omits or neglects to fulfill, observe, carry out or perform any duty or obligation imposed by this bylaw shall be liable on summary conviction to a fine not exceeding Two Thousand Dollars ($ ) and not less than the amount set out with respect to each section in Schedule 1 of Municipal Ticket Information Bylaw No. 2435, 2006 and amendments thereto. For each day that a violation is permitted to exist, it shall constitute a separate offence. SECTION 12 - SEVERABILITY 12.1 If any section, subsection, clause, sub-clause or phrase of this bylaw is for any reason held to be invalid, unlawful or unenforceable by the decision of any Court of competent jurisdiction, that section subsection, clause, sub-clause of phrase shall be struck from the Bylaw and its severance shall not affect the validity of the remaining portions of this Bylaw. SECTION 13 - REPEAL AND ADOPTION 13.1 Business Licence Bylaw No. 1351, 1984 and all amendments thereto, are hereby repealed. 7 ATTACHMENT 2 59

18 every business which has a floor area (the area of which customers have normal access for shopping purposes) of: (a) under 4,000 sq.ft....$ (b) 4,001 sq.ft. to 10,000 sq.ft....$ (c) 10,001 sq.ft. to 20,000 sq.ft....$ (d) over 20,001 sq.ft....$ Restaurant...$ Snack Bar...$ Theatre/Movie Theatre/Concert Hall...$ Unclassified...$ Mobile Food Vendor on private property...$ (fees will not be prorated) 23. Mobile Food Vendor on public property...$ (fees will not prorated 10 ATTACHMENT 2 60

19 SCHEDULE 'B' Mobile Restaurant Locations on Public Property Mobile Restaurants may operate on Public Property only in the following locations: Location Total Food Truck spots Details Lewis Park 4 west of playing field near river and washrooms north of playing field to the right of the park entrance (On selected dates, food truck spots would be unavailable due to special events in the park) Airpark 2 Grassy median off Mansfield Drive, south of Rotary Skypark Standard Park 1 Gravel parking area Specific locations are shown on the following maps. 11 ATTACHMENT 2 61

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