City council to consider food truck ordinance

Food trucks are on the Rochester City Council's agenda next week. 

Meeting at 6 p.m. Tuesday, April 22, the council is to be presented with a draft ordinance allowing and outlining rules and regulations for mobile food vendors, like food trucks, within the city. The proposed ordinance, as well as a related permit resolution and application form, has been shared with a few food truck operators for feedback prior to the meeting. 

So, what rules and regulations are proposed for the council to chew on? First, that it would be unlawful for a person to operate a food truck within the city without a permit. A separate permit would be required for each food truck, unless operating during a special event. Second, a food truck may not operate on private property without written consent from the property owner. Vendors would be exempt from permit requirements if operating exclusively on private property. 

In addition to complying with the city's ordinances related to mobile food vehicles, operators of food trucks would still be responsible for applying for and obtaining all other necessary licenses or permits required for the service of food and beverages, including, but not limited to the Fulton County Health Department. And, obviously, food trucks must comply with motor vehicle laws of the state. 

Some general regulations for food trucks would include complying with existing parking rules and not obstructing pedestrians or vehicles, parking within 20 feet of an intersection or being left unattended and unsecured at any time food is kept inside. 

Unless provided by an event coordinator, any power required to operate a food truck would need to be self-contained. Vendors on private property could use electrical power from the property being occupied, or an adjacent property, but only if the property owner provides written consent.

Other proposed regulations include not running power cables across any street, alley or sidewalk, that operators offer a waste container for public use at their own expense and disposal occur off-site, unless provided by an event coordinator. 

Food truck operators would not be able to provide tables, chairs, booths, bar stools, benches or stand-up counters, unless a proposal for such seating arrangements is submitted with the permit application and the use is located on private property.

The ordinance also would prohibit food truck operators from playing loud music, or using horns, flashing signs and blinking lights that could cause an interference.

Forms to apply for a permit would be provided by the clerk-treasurer, with operators required to provide a certificate of liability insurance at that time. Approval lies with the Rochester Board of Public Works and Safety, or park board if operating in the city park. Applications would be required 30 days prior to the event, and a representative would need to be present at the respective meeting to answer any questions. 

Fees would be due upon permit approval, or otherwise waived if proceeds are used exclusively for religious, charitable, educational or scientific purposes. Such permitting fees are intended to offset costs incurred by the city in accepting and reviewing applications.

Proposed fees are: $150 for an event that includes the use of one or more food trucks; $100 for an event not including food trucks; $25 for a two-day permit application, or $100 for an annual permit application, for an individual food truck.

The fine for failing to obtain a permit would be no less than $500, and such operators could have their food truck impounded. 

All these regulations are subject to change, as Tuesday's meeting will be the council's first time to discuss the newly proposed ordinance, permit resolution and application form.