Body
Department of Community Development
Reference: Mobile Vending Regulations - Community Development
To: Mayor Richard N. McLean and Members of City Council
Through: Clint Blackhurst - Acting City Manager
Prepared By: Joshua M. Tetzlaff, AICP - Associate Planner
Date Prepared: March 20, 2017
PURPOSE
This report is being brought before the City Council for review of our mobile vending regulations. Over the last few years, mobile vending, especially food trucks, have become a common site across the Front Range and the United States as a dining option. After speaking with various agencies in and around Brighton, staff would like to have a discussion with the City Council concerning our current regulations for mobile vendors to see if any amendments need to be made to address a growing trend in the mobile business industry as a whole and to possibly expand the regulations to encompass all “outdoor” businesses.
BACKGROUND
The mobile vending code for the City was written in 2004. Under current City regulations, all mobile vendors are treated the same, regardless of what they are selling. This means that whether a person is selling appliances, selling insurance, or someone making and selling street tacos, they have to abide by the same regulations. While these regulations worked for Brighton at that time, the national trend has been for mobile venders to become more accepted in communities. Not only is it a national trend, but recently staff has also heard from Brighton residents regarding the starting of potential food truck businesses and under our current regulations, operations would be very limited. With all these factors, it may be time to review the City Code to ensure it is still meeting the needs of Brighton citizens.
Over the last decade, outdoor vending has been going through a renaissance. Through this renaissance, outdoor vending has evolved from being a primarily traveling salesmen profession to include vehicles that act as a kitchen for restaurants and allow people to enjoy creative culinary creations almost anywhere. These food trucks, as they are known as, are becoming a popular, viable dining option across the country as communities embrace what these businesses bring to their communities. Much of this review of the current mobile vending code is in response to the growing popularity of food trucks, though it also is a good opportunity to review all of the City’s code pertaining to outdoor vending.
When considering how to potentially revise any code, it is important to consider all sections of the regulations. With outdoor vending, there is an opportunity to potentially enhance economic development in the City as well as create an outcome where barriers to entry are created for vendors. A major factor in the economics for vendors, and the City, is the permitting process. If the permit costs are too low, then the City will not be able to adequately fund the review process for the permits. If the permits are too high though, it may keep some potential vendors out of the City. The complexity of the permit process can also be an opportunity to foster development. A clearly spelled out, simple process is one that not only reduces a barrier to entry for businesses, but also creates less administrative work for staff.
The most visible aspect of outdoor vending, especially from a regulatory and citizen aspect, is the location of vendors and the times at which they are vending. Due to the average amount of time it takes for a vendor to setup and take down, about an hour, national trends have more and more cities having a time limit of five (5) hours or more, if there is any time limit at all. More and more cities are also going away from any sort of allowed time throughout the day to vend, instead choosing to treat mobile vendors like brick-and-mortar restaurants, allowed to set their own hours.
Another aspect to consider in regards to outdoor vending is the location they operate in as they are most noticeable to citizens, business owners, and the City. As the outdoor vending trend grows across the country, more and more cities are allowing vending to happen in more places. Whether it ranges from vending downtown, at an event in the park, or even in residential neighborhoods, the trend is to embrace outdoor vending. While proximity to similar restaurants still exists in many communities, more cities are embracing outdoor vending as a viable business and instead of having a proximity to a similar business regulation, some cities are opting for an extended front door policy. This policy takes the front door of any business and extends it to the street. The policy then says an outdoor vendor cannot be in front of the front door of any business to block the site of potential customers. As long as it is not in front of a door for a business, an outdoor vendor can be setup anywhere.
Outside of downtowns and commercial areas, regulations vary greatly. Some cities do not allow outdoor vending in residential areas and parks, some cities allow certain kinds of outdoor vending, and some cities give outdoor vendors free reign. Those cities that allow certain kinds of outdoor vending tend to focus on how the merchandise is produced. Food for example, could be served but it cannot be prepared on the vehicle, which allows for ice cream trucks or someone selling burritos but would not allow a full food truck. Another example would be to not allow outdoor vending in residential areas with the exception that if a vehicle is not parked for more than twenty (20) minutes, then location rules do not apply. This would keep people from setting up shop but would allow for small outdoor vendors continually move and offer their services. With all these regulations, many cities have exceptions written in that allow for vending under certain circumstances with permission from the City, such as during festivals and sporting events.
Outdoor Vending Code Recommendations
• Permitting/Licensing
o All done through the One-Stop Permit Counter (Community Development). Will be routed to anyone who needs to review it.
o Review existing fee to ensure it is covering review times but is not too high so as to create a barrier of entry.
o Business License and Registration required for on-street vending. Permit only required in special circumstances on-street and always for private property vending.
• Location
o Time limit of five (5) hours
o Public Rights-of-Way
§ Only trash cans are acceptable off the vending unit (all signs/lights/condiment tables must be attached to the truck). No tables/chairs/lights etc. are allowed in association with the truck if not attached.
§ Vendor is responsible for all trash within 25 feet of the vending unit, regardless of whether it is due to the vending.
§ Must follow all parking regulations.
§ Must be at least 50 feet from an intersection
§ Must be at least 20 feet from a cross walk.
§ May not impede flow of pedestrians, vehicles, etc.
§ Can only take public parking spaces that are parallel to the street
• Must serve to patrons on the sidewalk. No street sales.
§ Downtown
• Must be associated with, or have permission from, an existing downtown business to vend. The existing business does not need to serve food to be eligible to invite food trucks downtown.
• Must be parked on the same city block (not necessarily same street) as the business associated with.
• Cannot be parked within an extension of a doorway to a business unless given permission from business.
§ Commercial/Industrial
• Allowed adjacent to any commercial/industrial zone
§ Residential
• Only allowed if food is not being prepared on the vehicle (aka ice cream vendor)
• Parallel parking must be allowed
• Cannot be parked for more than 15 minutes
• Vend only from 10AM to 8PM
§ Parks
• Not allowed within 300 feet of parks unless given permission from the Parks Director
o Private Property
§ Commercial/Industrial
• By special permit
o Stating location/date
§ Residential
• Cannot operate on a single property for more than one (1) day per calendar month
• Vend only from 10AM to 8PM
• Must have all licenses/permits from the City
§ Schools
• Not allowed unless given permission from the School District
§ Parks
• Not allowed unless given permission from the Parks Director
Having spoken with many municipalities in the area, some of them acknowledged their codes are not up-to-date and that they are interested in making them more outdoor vending friendly. Many of them are interested in how Brighton may address a potential update to their mobile vending regulations and will be watching closely.
STAFF RECOMMENDATION
Following national trends, staff would like to pursue an outdoor vending code that both simplifies the process for business owners and the administration and enforcement aspects for staff, while allowing for business growth within Brighton. This will not only make the code easier to understand and to follow, it’ll reduce the amount of staff time needed to enforce and will follow code standards of more progressive communities who have thriving downtowns and mixed-use areas in the community.
OPTIONS FOR COUNCIL CONSIDERATION
1. Instruct staff to move ahead with an amendment to the Mobile Vending Code as presented.
2. Instruct staff to move ahead with an amendment to the Mobile Vending Code with modifications to the presented direction.
3. Instruct staff to keep the Mobile Vending Code unchanged.