DATE:
February 28, 2012
TO:
Michael S. Flad, City Manager
FROM:
Greg Herrmann, Community Development Director Via: John Cheng, Assistant Community Development Director/Building Official By: Carol-Ann Coates, Plan Check Engineer
SUBJECT: Update on Food Truck Regulations
PURPOSE The purpose of this report is to provide an update on existing food truck regulations for discussion in response to the City Council’s request at the meeting of October 25, 2011. The ordinance aligns with Council’s goals by addressing economic and community development. BACKGROUND Burbank Municipal Code On April 5, 2011, Council adopted changes to Section 3-4-1111 of the Burbank Municipal Code (BMC) affecting restrictions on peddling from motorized vehicles. A copy of the ordinance is provided in Exhibit A. The changes were made to bring peddling provisions of the BMC into conformance with California Vehicle Code (CVC) Section 22455, which was amended by the State effective January 1, 2009, to read: “Notwithstanding subdivision (a) of Section 114315 of the Health and Safety Code or any other provision of law, a local authority may, by ordinance or resolution, adopt additional requirements for the public safety regulating the type of vending and the time, place and manner of vending from vehicles upon any street.” The restrictions determined by the City Attorney’s Office to be non-safety related and subsequently removed by Council from the BMC were: No person shall peddle within 1,000 feet of any preexisting location where any sales have occurred within any continuous three-hour period.
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No person shall act or operate as a peddler at any location for a period of time exceeding 15 minutes. Currently, there are two regulations in the BMC directed specifically at food truck activity: Vending is prohibited within 1,000 feet of an elementary or middle school from the hours of 7:00 am to 4:00 pm on days when school is in session unless the vending activity has been approved by the school principal. [BMC 3-4-1111] No person who sells, offers for sale or otherwise causes to be sold any food, beverage, ware, good, or merchandise from any motorized vehicle shall at any time display such items outside of said vehicle. [BMC 3-4-1114] All vehicles must comply with City regulations for parking, stopping and standing which include the following: Commercial vehicles exceeding 6,500 pounds in unladen weight are prohibited from parking in commercial zones for any period of time exceeding two hours or in residential zones for any period of time. [BMC 6-1-1008 and 61-1008.1] Stopping or parking is prohibited within 20 feet of a safety zone, within 15 feet of an intersection or curb return, and within 25 feet of the approach to any traffic signal or stop sign. [BMC 6-1-1029] All parked vehicles must relocate at the end of a posted parking time limit to a different block or parking lot as successive acts of parking in the same block, lot or structure are considered to be a single act of parking. Vehicles are allowed to park on private property in legal parking areas with permission of the property owner. Business Activity Mobile food vending has become more common in the city on public streets and at community events over the past two years. Since 2010, the number of mobile food trucks licensed to operate in Burbank has increased from 19 to 95. Of the 95 mobile food trucks currently licensed in the City, five are Burbank-based businesses. Mobile food preparation vehicles are required to obtain a business license with the City, and the yearly fee totals $157. Vendors also pay State sales tax and County health department fees. The mobile food vending issue highlights competing perspectives among business owners. On the one hand the trucks draw customers to the City and generate lunchtime and nighttime business activity. Patrons of food trucks operating in the Magnolia Park area, for example, can shop at the retail stores following their meal, creating a lively business environment. On the other hand, many owners of brick and mortar restaurants believe that food trucks take away their business and do not have to face the same operating costs.
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State Law Health departments are the primary regulators of mobile food preparation vehicles in the State. The Los Angeles County Department of Public Health (Health Department) permits and inspects mobile food vendors in cities without their own health officer. The Health Department enforces State Health and Safety Code regulations: Inspection required prior to issuance of Public Health Permit. Vehicles inspected yearly and certified as part of the Vehicle Inspection Program. Subject to the letter grading system of the Food Facility Rating program for restaurants. Trucks in operation anywhere for over an hour must have written authorization to use a restroom with hot water within a travel distance of 200 feet of vending location. Trucks must operate out of a commissary, an approved service lot that provides water and electricity for the vehicles. Trucks must be parked overnight and stored at the commissary. Regulations of Other Local Governments Mobile food vendors must comply with local ordinances. A review of five local jurisdictions indicates that restrictions on permitted hours of operation, parking location, and parking duration vary. The cities of Glendale and Pasadena restrict sales hours and the location and duration of parking on city streets. In addition to those restrictions, the City of Monrovia adopted an ordinance in 2010 prohibiting parking by mobile food vendors in its Old Town district. The SoCal Mobile Food Vendors Association filed suit against Monrovia last year, alleging that Monrovia’s mobile vending ordinance is anticompetitive. This same organization contacted the City of Burbank last year prior to the amendments. On October 14, 2011, the Los Angeles Superior Court ruled against Monrovia’s second attempt at having the case dismissed. The case is pending. Staff will coordinate with the City Attorney’s Office to monitor the progress of this case and report back to the Council in the event there are significant developments which impact the City’s ability to regulate mobile food vendors. The City of Santa Monica requires a minimum separation of 35 feet between vendors and regulates for noise, cleanup responsibility, and pedestrian movement. The City of Los Angeles limits the duration of parking on public streets in both commercial and residential areas and has an explicit litter control requirement. A summary of these regulations is provided in Exhibit B. Enforcement Efforts City codes do not limit the length of time a food truck vends from any particular location. If the truck is licensed with the City, has a Health Department permit, and is parked legally, it is not in violation. Complaints received by the City regarding food truck parking are handled by three departments: Burbank Police Department – Responds to parking complaints and enforces 3
parking and traffic restrictions. Public Works Department/Traffic Engineering Division– Works with all parties to provide information on street use and parking permit options. Building Division/License and Code Section – Registers trucks for the City’s business license program. At the meeting of October 25, 2011, a neighboring business owner addressed Council about food truck activity and parking at Cinema Secrets, a retail business at the corner of Riverside Drive and Valley Street. The food trucks were locating there in association with a Halloween sales promotion. The Police Department inspected the location. No street parking violations were identified. The Police Department continued to monitor parking issues through the end of the Halloween season. Traffic Engineering staff met with the business owners to discuss street use permits and parking options. Building Division followed up with Cinema Secrets and the food trucks parked in that location to ensure that the trucks had their required business license permits. The nature of some of the complaints received regarding food truck activity also highlights competing values. Building Division received a complaint in August 2011 from a restaurant owner regarding food truck activity in the 1200 block of West Burbank Boulevard, a commercial zone. City ordinances no longer regulate for time, place and manner and do not restrict business activity. In this case, no violations were identified. Traffic Engineering staff has also received calls concerning food truck parking on North Ontario between Empire Avenue and Thornton Avenue. The complaints were resolved. Staff is prepared to address any new complaints in those areas in the future. The Police Department received 25 calls for service specifically related to food or catering trucks in calendar year 2011. The majority, or 14 of the 25 calls, were complaints for red zone violations. ANALYSIS Local authorities may adopt their own mobile vending requirements in the interest of public safety regulating the type of vending and the time, place and manner of vending from vehicles upon any street. In this context, staff does not believe that additional regulations are required at this time. If Council chooses to direct staff to continue investigating this item, staff has identified the following options for further analysis: 1. Research a change in BMC requirements to address any potential public safety concerns as determined by Council. 2. Continue to monitor mobile food vending activity and report back to Council if future complaint activity increases as defined by Council. FISCAL IMPACT City costs for ordinance administration include enforcement costs and staff training. A change in regulations would be expected to increase costs slightly while staff and vendors familiarize themselves with potential code changes. 4
RECOMMENDATION Staff recommends the City Council provide direction as to whether further public safety concerns warrant additional regulation of mobile food vendors.
LIST OF EXHIBITS: Exhibit A: Ordinance 3806 adopted April 5, 2011 Exhibit B. Summary of Local Government Ordinances
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