Mobile Food Trucks

CACEO and The City Of Mountain View

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Introduction

• Who you are, where you from, what is your position?

• What role do you play in enforcing, inspection or

communicating with Mobile Food Vendors/Trucks?

• What role do you have in developing/updating

ordinances?

• My info: Chris Costanzo • 8 years Code Enforcement Officer

• Chris.costanzo@mountainview.gov

• 650-526-7712

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Today’s Topics

• History of Food Trucks • Brief overview 1691-2015

• The morph from taco trucks aka “Roach Coach” to gourmet trucks

• Enforcement Roles • County health

• Police & parking enforcement

• Code enforcement

• How to use existing codes to enforce • Zoning

• Parking

• Neighborhood preservation

• Private vs Public

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Today’s Topics

• Updating your municipal code • Council’s vision

• Identify stake holders

• City team

• Timeline

• Items to consider

• Hurdles, legal issues and roadblocks • State laws

• Business associations

• Mobile food vendor associations

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Brief History of the Food Truck

• 1691 – New Amsterdam (now known as New York City) begins regulating street vendors selling

food from push carts.

• 1850’s – Dining cars begin feeding cross country train passengers.

• 1866 – The Chuck wagon is invented by Charles Goodnight to feed cattlemen and wagon trains

traversing the old West.

• 1872 – The first diner is setup in a horse-drawn freight wagon.

• 1894 - Sausage vendors sell their wares outside the student dorms at major eastern universities

(Yale, Harvard, Princeton, and Cornell), and their carts became known as “dog wagons”.

• 1917 – The US Army mobile canteens (field kitchens) begin to feed the troops.

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Brief History of the Food Truck

• 1872 – The first diner is setup in a horse-drawn freight wagon.

• 1894 - Sausage vendors sell their wares outside the student dorms at major eastern universities

(Yale, Harvard, Princeton, and Cornell), and their carts became known as “dog wagons”.

• 1917 – The US Army mobile canteens (field kitchens) begin to feed the troops.

• 1936 – Oscar Mayer rolls out the first portable hot dog cart The Weiner Mobile.

• 1950’s – Ice cream trucks begin selling their frozen treats.

• 1960’s – Roach coaches make their presence known to construction sites around the country.

• 1974 - Raul Martinez converted an old ice cream truck into the nation’s first taco truck and parked

it outside of an East Los Angeles bar.

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Brief History of the Food Truck

• 1980’s – Grease trucks begin parking on Rutgers University in New Brunswick, NJ selling “Fat

Sandwiches” to college students.

• November 2008 – Kogi BBQ hit the streets of Los Angeles selling Asian infused tacos.

• January 2010 – Southern California Mobile Food Vendors Association (SoCalMFVA) is created,

becoming the first organization created to protect the rights of gourmet food truck owners.

• May 2010 – National Restaurant Association dedicates 1,500 square feet to food truck exhibits at

its annual convention in Chicago.

• August 2010 – The Great Food Truck Race marks the first television program centered on the

mobile food industry.

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Brief History of the Food Truck

• September 2010 – Mobile Cuisine (mobile-cuisine.com) becomes the first website to provide

coverage of the mobile food industry nationally. (ThisBrief History was from this website)

• September 2010 – The US government adds “Tips for Starting Your Own Street Food Business” to

its small business website business.gov.

• October 2010 – The prestigious Zagat guide announces that in 2011 they will begin to provide

reviews of food trucks

• November 2010 – Los Angeles starts ranking food trucks with letter grades like restaurants.

• January 2011 – President Barak Obama “Tweets” that his favorite food truck in Washington DC is

D.C. Empanadas.

• February 2012 - Food Trucks serves NFL Superbowl Fans in Indianapolis.

• June 2014 - The National Food Truck Association is formed creating the first national association

of food truck associations.

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Enforcement

Role of the County

• Food Safety

• Minimize foodborne illness & ensure safe food

• Ensures employee health

• Delineate sanitation requirements, including sanitary equipment

• Performs inspections of mobile food trucks and carts.

• Issues annual permits

• Approves and requires commissaries

• Relies on local agencies to enforce and educate regarding certain violations

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Enforcement

Role of the Police & Parking Enforcement

• Parking Enforcement

• Parking times

• Metered spaces

• Parking districts

• Police

• Unsafe conditions

• Lines queuing in the street

• Visibility issues

• Crowds

• Always on duty • Eyes and ears

• Can enforce local laws

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Enforcement Role of Code Enforcement

• Zoning

• Temporary uses

• Secondary uses/ Ancillary use

• Parking issues

• Permits

• Verify county permits

• City licenses and permits

• Trucks, push carts and other merchandise

• Other muni code violations

• Tents, chairs, generators

• Garbage

• Administrative remedies Readily available

• Citations

• Warnings

• Permit revoke

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Group Project Time

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Code Enforcement Zoning Code

• Enforcement Techniques • Time frames

• When does it become a use

• Conditions on the property /CUP

• Utilizing required parking

• Illegal signs

• Setbacks

• Drawbacks • Dealing with property owner/ business owner

• Usually arbitrary

• Defers the problem

• Not Clear

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Code Enforcement

Every City has their own set of municipal codes that protect the neighborhoods, regulate parking and business.

WHAT HAS WORKED FOR YOU ?

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Discussion Time

Update Your Municipal Code

1. Identify the problem.

2. Talk to your supervisor.

3. Discuss with the City Attorney’s Office.

4. Identify possible City staff stake holders.

5. Identify outside stakeholders.

6. Go to council and ask them to approve an work plan and ask

for direction.

7. Outreach.

8. Meetings, Meetings , Meetings, and more Meetings

9. Outreach some more

10. Draft an ordinance

11. Present to council and recommend adoption

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Are you sure you still want to update the code ? Expect 1-2 years before you complete this process

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Update Your Municipal Code

• Identify the problem

• When was the last time the ordinance was updated ?

• Is there is process the is still being used ?

• Does the code address all new problems?

• Not as mobile

• Events

• Are there open cases

• Are there complaints

• From brick and mortar

• From food truck operators

• Does your city “just look the other way”

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Update Your Municipal Code

• Talk to your supervisor

• Do you have their support?

• Can you dedicate time ?

• Ask their opinion

• Talk to your City Attorney’s Office

• Will they support you?

• What is your City’s process for updating a code?

• Ask for legal advice regarding scope.

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Update Your Municipal Code

• Identify City staff stakeholders

• Planning/ Zoning Administrator

• Garbage/solid waste

• Police

• City Attorney

• Public Works/ Traffic Engineer

• Economic Development

• Recreation and Parks

• CSO/Parking Enforcement

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Update Your Municipal Code

• Identify outside stakeholders

• Chamber of Commerce

• Business associations

• Food truck operators

• School districts

• County Health Department

• General public

• Surrounding cities

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Example Work Plan

• Adopt the recommended work plan for consideration of revisions

to Chapter ______of the ____________City Code related to food

establishments, mobile canteens and street vendors.

• Identify and research:

• Update definition of mobile food vendors

• Public safety issues

• County’s role

• Use of private property and potential land use issues

• Special event permits and regulations

• Waste disposal and access to restroom facilities

• Upgrade regulations to reflect current law and practices

• Perform outreach with stakeholders

• Council Study Session

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Outreach

• Meet with outside stakeholders

• Online surveys

• Meet with other cities for ideas and direction

• Come to a CACEO class on the topic

• Host a meeting

• Mailings to business owners

• Brick and mortar

• Food truck operators

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Draft an Ordinance

• Develop guiding principles

• Draft a winning team of City Staff

• Brainstorm

• Meetings

• Set timelines, bench marks and goals

• Dedicate time to research

• Did I mention meetings

• Go back to City Council if direction is needed.

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Drafting an Ordinance

• Sample of Guiding Principles in Proposed Ordinance

• Simplify permitting requirements

• Address new wave of mobile vendors who operate for longer periods of

time on private property

• Allow multiple mobile vendors to vend on private property at special

events

• Clarify regulations/update to reflect current practice and eliminate

outdated provisions

• Survey surrounding cities regarding fees and permit requirements for

comparison

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Drafting an Ordinance

Things to consider

• Late night hours

• Food truck events

• Fees/permit cost

• Hours allowed to operate on private property

• Location

• Impact to traffic

• Other merchandise besides food

• Catchall language

• Impact on City staff

• Zoning changes usually required approval from planning commission.

• Difference between food truck/vendor and caterer

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Key Legislation

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Key Legislation

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Do you have heartburn yet ?

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Hurdles, Roadblocks and Legal Issues

• State laws • Safety findings

• Business Associations

• Food Truck Associations

• City Council could change mind

• Media

• On going open cases

• Fear of change

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City Of Mountain View’s Code

• Prohibits mobile vendors on or immediately adjacent to private property used for single-family homes or duplexes

• Mobile vendors cannot use more than 25 percent of the available parking spaces or 10 parking spaces on private property

• Updates and reinforces State and County laws and regulations regarding public and environmental safety • Requires a restroom facility when vending in excess of one hour

• Requires adequate storage of waste

• Requires information of where a vehicle or mobile unit is stored and description of goods and services provided

• Removes processes and permits no longer used • Merchant Vendor Permit and merchant vendor approval process

• Designated sites for vendors on public property

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City Of Mountain View’s Code

• Eliminates Street Vendor Permit and creates new Mobile Vending Permit which includes what currently is described as street vendors and mobile canteens • New permit fee of $119 per year

• Old permit fee was $600 per year (includes usage fee)

• Business License of $31 will apply to all Mobile Vendors • Old business license for Mobile Canteens was $101

• Eliminates Merchant Vendor Permit fee of $3 per square foot and replaces with a fixed annual fee of $747 • Mirrors Sidewalk Café fee

• Temporary Use Permit required for special events and late night hours.

• Up to one year

• Normal hours of operation are 7am-10pm

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City Of Mountain View’s Code

Prohibit mobile vending downtown on: Castro Street, between

California Street and Evelyn Avenue

Dana Street, between Bryant Street and Hope Street

Villa Street, between Bryant Street and Hope Street

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Questions

answers and

discussion