New food truck ordinance draft more restrictive
A new draft of a food truck ordinance being considered by Mountain Brook Council would only allow food trucks on private property.
The draft brought before the council on July 14 states that mobile vendors would not be allowed on sidewalks or streets, known collectively as a public right-of-way, in the villages. The council had earlier expressed a desire not to allow trucks on “primary frontage streets” in the villages.
“There just are not that many places for them to operate in our villages,” City Planner Dana Hazen said. “We are just whittling away, and there is not a good place.”
This new ordinance would only apply to vendors that park for more than 10 minutes within a 50-foot space and hence would not apply to vendors such as an ice cream truck.
At the meeting, the Council moved to bring the ordinance before a public hearing once it is in an ordinance form.
“Gypsies within 50 feet of a brick or mortar retailer just can’t happen,” Council member Jesse Vogtle said.
An earlier draft had stated that trucks must operate at least 50 feet away from any existing restaurant or outdoor dining areas when the restaurant is open, and at least 10 feet away from intersections, crosswalks, fire or police stations, fire hydrants and other mobile vendors. It also does not allow a vendor to operate for more than three continuous hours.
Mobile vendors have been operating in the city since 2012. The city has issued mobile vendor licenses to eight businesses including Shindigs, Melt, Spoonfed Grill, Our Ice Cream, Hole in One Donuts, Rapicci's Italian Ice, Birmingham Fashion Truck and Gypsy Blue Fashion Truck.
The July 14 draft of the ordinance is listed below.
Mobile Vending Ordinance
City of Mountain Brook
July 14, 2014 Draft
Definition of Mobile Vendor: A vehicle, pushcart or other device in which wares or goods are kept or exposed for sale, or from which wares or goods are sold or offered for sale; and which remains upon any given point (or 50 feet from said point) on a public street, public sidewalk or public right-of-way for longer than a continuous period of 10 minutes, or remains on any such public street, public sidewalk or public right-of-way within 600 feet of said point for longer than a continuous period of 30 minutes.
Public Right-of-Way Sales
Mobile vending in the pubic right-of-way is prohibited.
Private Property Sales
Types of Wares permitted for sale: Any retail item permitted in the Local Business district.
The property on which mobile vending is proposed must be loned Local Business, Mixed-Use, Commercial Shopping, Office Park or Professional.
The mobile vendor must provide to the City written expressed consent from the owner to use the business property on which mobile vending is proposed; and must retain a copy in the mobile vehicle, pushcart or other device, along with the City business license and Health Department certificate.
Refuse containers shall be provided by the mobile vendor on or within 15 feet of the mobile vehicle, pushcart or other device; and it shall be the responsibility of the mobile vendor to clear the area of debris after vending; refuse shall not be placed in any private container without expressed written consent of the property owner.
City trash/recycling receptacles may not be used for mobile vending operations or for related customer-generated refuse.
Mobile vending shall not obstruct the use of any street intersection or pedestrian crosswalk, shall not impede the ingress or egress of any driveway, and shall not obstruct pedestrian space.
Mobile vehicles, pushcarts or other devices shall not be left unattended or stored at any time when vending is not taking place or during restricted hours of operation.
Mobile vending hours of operation shall be limited between 6:00 a.m. and 10:00 p.m.; and the mobile vehicle, pushcart or other device may be at anyone location for no more than 3 continuous hours (including set-up and take-down of mobile vending operation).
Noise limited to 70 decibels.
A mobile vehicle, pushcart or other device is permitted one moveable freestanding sign not to exceed 2 feet x 3 feet which must be contained on the private property. At no time shall any signage be placed within the public right-of-way.
Any power required for the mobile vehicle, pushcart or other device shall be self contained. The mobile vehicle, pushcart or other device shall not draw its power from the public right-of-way. No power cable or equipment shall be extended at grade or overhead across any public street, alley or sidewalk.
The mobile vehicle, pushcart or other device will be subject to inspection upon application for a business license and for any subsequent permits through the Fire Marshal, and may be subject to random inspection.
A Type-1 Commercial Hood, Ul300 compliant fire extinguishing system, K.class fire extinguisher and ABC fire extinguisher shall be required when the cooking process produces grease-laden vapors. Hood, fire extinguishing system and fire extinguishers shall bear the appropriate current inspection tag.