Workshop Item - Erik Thorvig, Community Development Director
Title
Title
Food Truck Ordinance Modifications
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Background
The topic of food truck regulations in the City of Blaine has been discussed by staff as an increase in requests are being made by vendors. The City Council initially discussed this topic at the April 19, 2021 workshop and was generally comfortable making minor modifications to the ordinance to expand the presence of food trucks in the City of Blaine.
Blaine City Code defines food trucks as a transient merchant. A transient merchant means a person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who does not remain in any one location for more than 14 consecutive days.
Current city regulations only permit transient merchants in I-2A, Heavy Industrial zoning districts. This was intentional when the regulations were established to limit transient merchants in the City. Food trucks are also permitted when a Special Event License is granted through the City.
Food trucks have become more popular since the transient merchant regulations were established. There have been frustrations with current regulations in Blaine by both food truck vendors and groups wanting to host a food truck. For example, a Special Event License requires submission to the City 45 days prior to the event among other cumbersome criteria. This may be unrealistic for a business who simply wants to host a food truck for an employee lunch. Alternatively, there has also been concerns expressed by brick and mortar restaurants about allowing an expansion of food trucks in Blaine as it could impact their business.
Proposed Changes
• Remove “food trucks” from the definition of a transient merchant and define them individually.
• Create a new article under Chapter 22-Businesses that regulates food trucks.
• Allow food trucks under the following circumstances:
- When in conjunction with a Special Event as identified under Chapter 70.
- In conjunction with a private party or event located at a city park, provided the renter of the park initiates the request for a food truck.
- In conjunction with a city sponsored event located at a city park or other city owned property.
- In conjunction with a private event, on private party such as a business appreciation event, grand opening, birthday party, graduation, etc.
- At the National Sports Center in conjunction with an event hosted by the NSC.
- At Northtown Mall as part of a food truck oriented event.
• Food trucks are not allowed:
- When located within any city right-of-way except when otherwise approved by the City.
- When located on private property when not part of an event identified above. For example, a food truck cannot be located in the parking lot of Target to sell to the general public.
- When located at a city park or other city owned facility when not in conjunction with a city event or private party.
- In a transient manner where the food truck drives throughout the city and makes various stops (ice cream vendors are not considered food trucks).
• Identify a registration process for many of the circumstances where food trucks are allowed to ensure the food truck has proper licensing, etc.
- Registration would not be required for the NSC as they have continual events throughout the year.
- Registration would not be required for Northtown events if they provide the City with an overall initial plan.
• General Regulations - Staff will prepare other general regulations related to hours of operation, and other safeguards to protect the health, safety and welfare of the public.
Staff Recommendation
Discuss the proposed changes and provide staff direction. Modifications require a formal ordinance change which could be processed in July.
Attachment List
None.