4/6/2017 FOOD TRUCKS & MOBILE VENDING FOOD TRUCK PHENOMENON UNDERSTANDING THE PROBLEM. So what s the big deal with allowing food trucks?

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1 FOOD TRUCKS & MOBILE VENDING FOOD TRUCK PHENOMENON In 2008 the Food Truck Phenomenon really hit mainstream America Prior to 2008 most food trucks were typically found scattered around construction sites and a select number of street corners Many Ordinances created prior to 2008 do not distinguish betweenfood trucks and other mobilevendors UNDERSTANDING THE PROBLEM So what s the big deal with allowing food trucks? Adequate Enforcement Because they are mobile, enforcementcan be next to impossiblewithout clear regulations Fair Competition Typically, brick and mortar establishments will complainthat it is unfair competition because mobilevendors do not pay property taxes Protect Public Health and Safety Moststates have regulations that require food preparation and storage to be in an established commercial kitchen. 1

2 KEY ELEMENTS OF FOOD TRUCK ORDINANCES Definition Typicallyone of the most essential elements in an effectiveregulation or ordinance is specifically defining the use or activity. Specificallydefining and separating different uses can be particularly beneficial depending on the degree of regulation a city is looking for. Sample: Food trucks are distinct from push carts, trailer (towed carts), and other retail vendors. They are motorized vehicles with on board power, refrigeration, food preparation facilities, and usuallyroom for two or four employees. KEY ELEMENTS CONTINUED Private vs. Public Property only allow Mobile Vending & Food Trucks on private property only allow Food Trucks on public property only allow as part of special event distance from restaurants total ban Must Remain MobileUnless Flagged Down (Ice Cream Truck Style) Food Trucks do not make sense everywhere Community Gathering Places Places with high density and high pedestrian traffic KEY ELEMENTS CONTINUED... Number of Food Trucks: Many ordinances limitthe number of food trucks allowed in certain areas to address concerns of traffic impacts, crowding and competition Lottery systems are used to address issues of fairness Size of Food Trucks: The impact on congestion, parking and viewsare often addressed withsize restrictions Additional Common Concerns: Table and chair set-ups, Restrooms, Trash Disposal and Recycling 2

3 CITY OF CAYCE EXAMPLE Definition Currently no specific definition Treated the same as all other mobile vendors, peddlers etc Considered a temporary use under the zoning ordinance. Only allowedon privateproperty with: Written Consent from the Property Owner Site Plan showing setback from roadways and intersections Approved for operation by Fire Marshal Number Currently no specified limit Size Currently no specific regulations CAYCE EXAMPLE CONTINUED Other Requirements Business License: Required unless part of an approved special event where the event organizer has purchased a license for the event Hospitality Tax: Every vendor selling food is alwaysrequired to collect and remit Htax. Event organizers and individualvendors are given notice well in advance of what is expected of them. Definition: No specific definition(s). CITY OF BEAUFORT - PREVIOUS CODE Within a shopping center or a multi-tenant developmentcontaining four or more businesses with: Written Consent from the Property Owner/Manager A site plan showingthe location of the proposed use on the lot and in relation to pedestrian and vehicular circulation. Number and Size: Not specified Other Requirements Will comply with all building and fire codes, business license, revenuecollection, and health laws of the City of Beaufort, Beaufort County, and the State of South Carolina. 3

4 PUBLIC OPINION - PREVIOUS CODE Many citizens felt the rules under this code were restrictive, which deterred many from pursuing a food truck business. CITY OF BEAUFORT Current ORDINANCE ADOPTED NOVEMBER 8, 2016 KEY ELEMENTS OF FOOD TRUCK ORDINANCES Definitions Food Truck Vendor: A person selling food from a mobile unit. Food Truck Unit: Seal-contained, vehicle mounted food service unit that returns daily to it s base of operationsas approved by DHEC and is used for either preparationor the sale of food products, or both. This does not include mopeds. Food Trailer: An enclosed attached or detached trailerthat is equipped withfacilitiesfor preparing, cooking and selling various types of food products. 4

5 CITY OF BEAUFORT CONTINUED Designated Zones: Private property with a written agreement from the owner/manager regarding the time(s) and location of the use of the premises. City Property and City Parks EXCEPT Waterfront Park. Allotted Times: 8:00am 12:00am Friday-Sunday 8:00am 2:00am on Saturday REQUIREMENTS Food Truck Permit All Food Truck vendors must obtain a Food Truck Permitfor each truck/trailer prior to obtaining a business license: 1. Submit application 2. Fire Marshal inspection and approval 3. Remit $200 for each truck/trailer 4. Expires December 31 st of each year and must be renewed annually. REQUIREMENTS CONTINUED Department of Health inspection/approval. South Carolina Retail Automobile Liability Insurance 1. $1,000,000 for injury/or death of any person(s) in incident 2. $1,000,000 for property damage 3. Policy must list the City of Beaufort as an additional insured Vendor must be 18 years of age or older. Obtain a City of Beaufort Business License 5

6 PUBLIC OPINION - CURRENT ORDINANCE Some citizens have expressed the new rules make it easier to maneuver through the City by allowing more areas to conduct business. 6