Department of Community Development
Reference: Code Amendments on Outdoor Vending
To: Mayor Gregory Mills and Members of City Council
Through: Jane Bais DiSessa, City Manager
Marv Falconburg, AICP, Deputy City Manager
Holly Prather, AICP, Community Development Director
Maria Ostrom, Finance Director
Prepared By: Shannon McDowell, Long Range Planner
Ana LeScoezec, Tax Audit Supervisor
Date Prepared: August 24, 2021
PURPOSE
City Council will consider the adoption of amendments to the Brighton Municipal Code to modify the review process and expand the opportunities for outdoor vendors operating in the City.
STRATEGIC FOCUS AREAS
Recognizable and Well-Planned Community
Financially Responsible
BACKGROUND
Outdoor vendors have indicated confusion about the approval process because both a temporary use permit and a business license are required. In addition, vendors have indicated the 90-day permit duration is far too restrictive for the vending opportunities that currently exist in Brighton. We also learned that enforcement for outdoor vendors was lacking, but has now been addressed. As staff gained knowledge through conversations with citizens, vendors, and other regulators, we also see that modifications to other provisions of the current code would be welcomed.
Simplify the Process
Simplifying the approval process would bring much needed clarity to both vendors and staff. In the recent past, there has been confusion about whether the temporary use permit or the business license is the approval needed, when in fact both are required. Eliminating the dual approval process would entail the issuance of one approval, the business license. The Finance Department currently has the capability to route a business license application through the applicable departments for approval, very similar to the temporary use permit process. The same review of each application would still occur to ensure food vendors have their mobile retail food establishment (health department) license and approval from the Brighton Fire Rescue District.
The fee for this new streamlined approval would not change. Currently, the City collects $50 for the temporary use permit and $10 for the business license. We propose that the outdoor vendor business license fee be set at $60 since the review process will not be altered. It should be noted that the Brighton Fire Rescue District currently requires an inspection for each mobile vending unit, which also requires a $75 fee. An emerging trend in jurisdictions in Larimer County and Weld County is a cooperative agreement between fire districts to reduce the number of inspections and fees mobile vendors must obtain within certain jurisdictions. The Brighton Fire Rescue District is looking into the possibility of a similar agreement for jurisdictions in our area, which could further reduce the overall fees required of a vendor to operate in Brighton.
Longer Duration
In addition to a confusing process, vendors indicated the current 90-day permit duration is unreasonable for the vending opportunities available in Brighton. Something Brewery invites vendors to serve food outside the business, but strives for variety in vendors, allowing attendance of each unique vendor typically only once per month. Lizzie’s Axe Throwing recently began inviting vendors on weekends. Vendors are also being invited to neighborhoods by HOAs as a neighborhood event. This activity became increasingly popular during the summer of 2020 when COVID-19 restrictions were high. Similar to Something Brewery, neighborhoods are looking for variety and vary the food truck that is invited for each event. Brighton has a few vendors who operate from private property and would appreciate an operational period longer than 90 days. Brighton also has vendors who drive from place to place in industrial areas or construction sites who are also subject to the 90-day duration.
Looking at the outdoor vending restrictions in neighboring cities, we found the vast majority of cities issue approvals through December 31 of the year of issue. This approval timeline also corresponds to the mobile retail food establishment license timeline, which is valid through December 31 of the year of issue. For vendors who are coming to Brighton intermittently by invitation of a brewery or neighborhood, the yearly license would allow them the opportunity to recoup more of the license cost because the vendor will have more opportunities to vend in Brighton.
Vending at City Events
The current code includes an exemption for vendors who operate as a concessionaire for the City, meaning these vendors are not required to obtain a temporary use permit. To ensure the City treats all vendors fairly, staff proposes to eliminate the exemption and require all vendors, even those wishing to operate at City events, to obtain their outdoor vendor license through the same process. The various City departments who engage with outdoor vendors agreed that this is the best approach.
Vending in Residential Areas
The code currently allows vending in residential areas, but restricts it to short periods of 15 minutes or less in any location and only allows vending of prepackaged foods. We heard from vendors that prepackaged vendors operate completely differently than vendors who cook inside their unit, so a vendor cannot easily switch between the two methods. Staff recommends eliminating the time restrictions and eliminating the prepackaged food restriction.
Staff recognizes that not everyone will welcome a mobile vendor to operate in their neighborhood. Certainly, mobile vendors generate noise, smells, and activity that is unusual in residential areas. To ensure neighborhoods are not overrun by mobile vendors, staff had discussed an “invitation only” system that required a neighborhood group, HOA, or metro district to invite the vendor into the neighborhood.
When working out the details to create a program to register informal neighborhood groups, we found that this is much more complex than originally anticipated and would require significant effort to maintain long-term. We are now proposing an alternative where a vendor can locate no more than three times per month in a particular cul-de-sac or city block unless stopping to vend for a period of 15 minutes or less. This allows ice cream vendors to travel through the neighborhoods on a frequent basis and allows periodic full vending as well.
Performance Criteria
Staff’s recommendation to require only a business license would also allow vendors to locate in a variety of spots. For example, once a license is issued, the vendor could vend downtown when invited by a local business to do so, vend in a neighborhood, or obtain property owner approval to vend from private property. Similar to the setbacks from corners and crosswalks that are already included in the code for vendors in the right-of-way, staff suggests adding specific performance criteria to the code to ensure access and parking provisions will remain available when vendors locate on private property.
Vending Duration in the Right-of-way
Currently, the code allows vendors to operate for a maximum of five (5) hours in the right-of-way. Per City Council’s request, staff is proposing to increase the operational limit to twelve (12) hours. Vendors who come to Brighton have committed time to visit their commissary and travel time to get here. In addition, our local businesses are relying on vendors to provide an additional attraction for prospective customers. The increase to twelve hours makes sense here to validate the effort a vendor puts forth to do business in Brighton.
OUTREACH
The recommendations above were formed through conversations and feedback we received through a wide variety of methods.
Online Survey
To better understand the issues and atmosphere around mobile vending in Brighton, we first conducted an online survey. We received responses from seven mobile vendors, nineteen local business owners, and 530 residents and visitors. From the survey results, it was clear that Brighton embraces mobile vendors and would welcome them in a variety of roles throughout the City. We heard that residents appreciate the variety of foods offered by mobile vendors that are not represented in brick and mortar restaurants in the City. Most of the concerns that were mentioned were related to food safety and health inspections.
Zoom Meetings with Vendors and Business Owners
Staff held English and Spanish sessions over Zoom with vendors and a separate session over Zoom with business owners. We were able to reach about a dozen vendors and one business owner with this method. Direct invitations were sent to vendors who have operated in Brighton in the past 6 months and these sessions were promoted on social media and through the EDC.
Direct Conversations
To fully understand the issues and potential solutions or impacts of changes, staff has spent a lot of time meeting with individuals who have an important role in vending in Brighton. These include:
• Four (4) individual vendors, including one who represents a food truck group
• One landowner who hosts a mobile vendor
• Something Brewery
• Tri-County Health Department
• Brighton Fire Rescue District
• CSO team
• Parks and Open Space
• Special Events
• Risk Management
Study Sessions with City Council
This topic was discussed with City Council at study sessions on three occasions: October 27, 2020; May 11, 2021; and June 22, 2021.
FINANCIAL IMPACT
If approved, the fee for new applications will be $60, which is the same amount previously charged for the temporary use permit and business license, collectively. Staff anticipates the easier process and additional flexibility afforded by the proposed code amendments will attract more vendors than past years, which would result in a small increase in revenue. In addition, with more vendors obtaining their business license to operate in Brighton, sales tax remittance, and thus sales tax revenue, should increase as well.
STAFF RECOMMENDATION
Staff is recommending approval of the proposed amendments to the Brighton Municipal Code as set forth in the draft Ordinance.
OPTIONS FOR COUNCIL CONSIDERATION
1. Approve the Ordinance as drafted at first reading;
2. Approve the Ordinance with specific changes at first reading;
3. Deny the Ordinance as drafted; or
4. Continue the item to be heard at a later, specified date.
ATTACHMENTS
● Draft Ordinance
● Draft City Staff Presentation