Memorandum

City of Lawrence

City Clerk’s Office

 

TO:

David L. Corliss, City Manager

 

FROM:

Jonathan Douglass, Assistant to the City Manager/City Clerk

 

CC:

Toni Wheeler, Director of Legal Services

Scott McCullough, Director of Planning and Development Services

 

DATE:

September 8, 2010

 

RE:

Mobile Food Vendor License Proposal

 

 

Background

In recent months the City Clerk’s Office and the Planning Division have received numerous inquiries regarding the ability to sell food and beverages from vans, trucks or trailers downtown and in other areas. Current city code does not allow for the proposed activity[i] (referred to as “mobile food vending” here) except that it provides for a license for ice cream vending (Section 9-301).

 

On April 13, 2010 the Commission received a written request to establish a license for such activities, and referred the request to staff for a report. If the Commission desires that a license or other regulations for the proposed activity be created, the following issues should be considered.

 

Potential Locations

Inquiries relating to the proposed activity have focused on potential to operate in five main areas: private parking lots, public streets generally, metered parking stalls downtown, public parking lots downtown, and in public parks during events.

 

Private parking lots. Inquiries have been received from individuals wanting to sell on a continuing basis in hotel parking lots and in the parking lots of large employers such as in the East Hills Business Park. Current city codes may hinder these business plans due to time limits and restrictions on vehicle use.[ii]

 

Public streets generally. Staff has received inquiries from people wanting to sell food from vehicles in primarily residential neighborhoods where many students live. Another scenario is in areas with large amounts of construction activity where food could be sold at or near work sites. This activity could potentially be governed similar to ice cream vendors, where the vendor cannot be parked at any one place for more than five minutes.

Metered parking stalls and public parking lots downtown. Most of the inquiries staff has received have focused on selling food from a vehicle in the downtown area, usually targeting the late night bar crowd as a customer base. I believe the people interested in this type of business activity would like to be able to park in a metered parking stall on Massachusetts Street or on one of the side streets close to Massachusetts. Of secondary interest is parking in the non-metered public parking lots downtown.[iii]

 

Public parks during events. Vendors selling food or merchandise from vehicles do occasionally operate in city parks during events, for example during the 4th of July food festival in Watson Park. This type of activity in parks is not allowed other than during approved events. If a licensing scheme or other regulations are created for the selling of food from vehicles, they should either apply to, or specifically exempt, vendors selling in the parks during approved events.[iv]  

 

Hours of Operation

People wanting to engage in the proposed business activity downtown likely would be interested in selling all day, and into the early morning hours. Recent changes to the Street Vendor License ordinance allow licensed vendors on the sidewalks downtown to operate until 2:30 a.m. In some non-downtown areas, such as student-heavy neighborhoods, they would also likely be interested in selling into the early morning hours. Late night sales outside of downtown would probably be more problematic due to the nature of the neighborhoods.[v]

 

Regulations in other communities

Other Kansas communities take various approaches to regulating this type of activity, ranging from an absence of specific regulations, to codes governing the conduct of vendors (but no license requirements), to licensing schemes.[vi]

 

Recommendation

Given current priorities and limited resources, staff does not recommend creating additional regulations to allow mobile food vendors at this time. Current city code does not allow for the proposed activity, and Codes Enforcement and/or Police staff can respond to complaints about unauthorized activity as necessary. Staff believes this activity has the potential to generate significant complaints, particularly in the downtown area and in residential areas where it would be likely to take place. Given other priorities and more urgent issues, enforcement of regulations regarding mobile food vendors may fall short of community expectations; therefore staff does not recommend changing the code to allow this activity. 

 

 


[i] Selling food from a vehicle fits the definition of a “peddler” (Section 6-801) and peddlers are prohibited from using a stationary location on the street without a temporary use of right-of-way permit (6-813). Staff would be reluctant to issue a temporary use of right-of-way permit for a mobile food vendor (peddler) without City Commission direction that this use of the public right-of-way, particularly downtown, serves the public interest.

 

[ii] For the sale of food to take place in a private parking lot, a Special Event Permit from the Planning and Development Services Department and a Transient Merchant License from the City Clerk’s Office would be required. An SEP would restrict the activity at a single location to a maximum of four 14 day periods unless further activity is approved by the City Commission. However, the City Code prohibits sales from cars, trucks, vans and trailers associated with Special Events Permits [6-1504(A)(7)]. A Transient Merchant License may be issued for a period not to exceed five days, and not more than one license may be issued to any transient merchant during any six month period of time (6-804). Thus the proposed mobile food vending activity would be hampered by both the restrictions on sales from vehicles in the Special Event Permit code, and the short duration of the Transient Merchant License.

 

[iii] Street (sidewalk) vendors are allowed downtown but their locations are limited and they must receive permission from adjacent businesses. These types of restrictions would be difficult with mobile food vendors. If mobile food vendors are allowed in any part of the CD district, it may be advisable to require them to pay parking meters if metered parking is used, and to limit the amount of time parked at any one location.

 

[iv] Options for governing mobile food vending in parks could be to require mobile food vendors in parks to be licensed, expanding the definition to anyone selling from a temporary stand, cart or vehicle in order to apply the license to someone who sells, for an example, from a table under a tent. Exempting businesses with local retail locations that are selling at city approved events from licensing requirements would allow local vendors to participate in events (such as the Tour of Lawrence, Get Downtown, or the Lawrence Originals 4th of July event) without needing to obtain a license. Staff may also recommend exempting vendors at fairs, garage sales, farmers markets, school events, etc. (similar to the exemptions to the transient merchant license found in section 6-803). With these exemptions, the intent of the legislation could be met without creating an undue burden on park users. 

 

[v] If mobile food vending is allowed in the following locations, the following hours of operation could be considered: (1) In the CD district between 7:00 a.m. and 2:30 a.m. the following day, which mirrors the hours of the street (sidewalk) vendors downtown; (2) in parks during the established hours of operation of the parks; (3) In all other zoning districts other than in parks and the CD district, from sunrise to sunset.

 

[vi] Lawrence’s peer communities take various approaches to regulating this type of activity. Some of their regulations are briefly described below.

·         Lenexa: No specific license, but vendor would need a general city business license and a permit from the health department. Vendor could only sell from the right-of-way for a few minutes in a single location.

·         Manhattan: Temporary Event Food Vendor license allows vendor to sell at events, up to six times per year. Vendors cannot sell from a vehicle in a public lot or on private property under other circumstances. License fees are $5.00 for application and $5.00 per day of the event(s).

·         Overland Park: Sales of any product from a vehicle are subject to the following restrictions in the city code: vehicle may not remain standing more than 5 minutes in any location, unlawful to sell within 125 feet of any intersection, unlawful to sell between 8:30 p.m. and 10:00 a.m. Sales of food also require a Food Service Permit.

·         Topeka: Mobile Food Service permit required. Activity only allowed in commercial, industrial, planned unit development or planned business center zoning designations. Activity only allowed from half hour before sunrise to half hour after sunset. Can sell on public streets or private property if site planned. $250.00 fee per six months.  

·         Wichita: Street vending (when merchandise or food is presented from a vehicle, cart, or stand) within the central business district is prohibited. Sales may be conducted in residential districts between hours of 8:00 a.m. – 8:00 p.m. No vehicle may be parked for more than 240 minutes in an 8 hour period in one location.