HomeMy WebLinkAbout2018 13_mobile food vendor schedule of fees_2018.11.20Tulsa County Clerk - Michael Willis
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12/26/2018 03:48:54 PM
Receipt 0 18 -70182
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3SO, OKLAHOMA
RESOLUTION 2018 -13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, ESTABLISHING FEES FOR MOBILE FOOD VENDOR PERMITS AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Owasso desires to establish the following
rates and fees for mobile food vendors operating in the corporate limits of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT:
SECTION ONE:
From and after the effective date of this Resolution, the following rates and fees are
established for mobile food vendors:
Food Truck/Trailer Food Vendor
Per vehicle /trailer /cart
$25.00 Annual Fee
Pre - packaged Mobile Food Vendor
Per vehicle /trailer /cart
$25.00 Annual Fee
Stationary Mobile Food Vendor
1 -120 days Temporary Use Permit
Per vehicle /trailer /cart
$250.00 Annual Fee
Stationary Mobile Food Vendor
121 -365 days Temporary Use Permit
Per vehicle /trailer /cart
$500.00 Annual Fee
Replacement of Lost Permit
Per duplicate
$5.00
Background Check- Food Vendors
Per Person
$10.00
traveling in residential areas
SECTION TWO:
Provisions of this Resolution shall become effective December 31, 2018.
,l aF�� 1RPP QVED AN DOPTED th' 20th day of
0eber, 2
s elley, Mayor
ATTEST:
Juliann M. Stev ns, City Clerk';
APPR VED AS TO FORM:
Julie rout Lombardi, City Attorney
S� LLy Attachment to Staff memorandum dated November 2, 2018
REAL People -REAtc mm, -REAL Cammun
TO: The Honorable Mayor and City Council
FROM: Morgan M. Pemberton
Assistant City Planner
SUBJECT: Amendment to Part 9, Chapter 3, Mobile Food Vendors
Owasso Code of Ordinances
DATE: October 5, 2018
BACKGROUND:
Over the last several months, staff has been going through the process of updating Part 9,
Chapter 3 of the Code of Ordinances. This chapter sets requirements for mobile food vendors in
Owasso. In the last few years, the popularity of food trucks has increased, leading to a significant
increase in the number of mobile food vendor permits issued on a yearly basis by the City Clerk.
The adoption of the new Owasso Zoning Code introduced the Temporary Use Permit (TUP) that
would, under certain circumstances, apply to some mobile food vendors. It was determined by
staff that it was necessary to rewrite this Chapter of the Code of Ordinances so as to clarify and
streamline the mobile food vendor permitting process.
A draft of the proposed edits to Part 9, Chapter 3 of the Code of Ordinances was brought by
staff to the City Council Work Session meeting on August 14, 2018. After discussion between staff
and members of the Council, it was decided that staff would edit the proposed changes to
address Council's concerns and the dialog would continue at a later date. Staff has now made
those edits and is bringing a revised version of the proposed amended chapter to Council for
further discussion.
PROPOSED ACTION:
Staff is proposing changes to this chapter, including those driven by City Council discussion. First,
the definitions of mobile food vendors have been updated to better reflect the types of mobile
food vendors that are most often seen in Owasso, creating three (3) classifications of mobile
food vendors that must acquire a Mobile Food Vendor Permit from the City Clerk's office.
One classification of mobile food vendors in Owasso would encompass all food trucks, trailers or
carts. These are food vendors that operate from a vehicle, trailer, or cart that is designed and
equipped to prepare and serve open food products. A second group of mobile food vendors
that would be regulated under this chapter would be pre - packaged food vendors that only sell
commercially- manufactured, pre - packaged products. Ice cream trucks would be included in
this group. The final classification would be for stationary food vendors. Stationary food vendors
are those, of any type, that stay in one (1) location for longer than seventy -two (72) hours. All
stationary food vendors would be required to get a Temporary Use Permit (TUP) from the
Community Development Department.
Another significant change is that background checks would only apply to those mobile food
vendors who intend to operate in residential neighborhoods, such as ice cream trucks. Also, the
proposed fee for a mobile food vendor permit was reduced to fifty dollars ($50) for all types of
mobile food vendors that do not require a Temporary Use Permit (TUP). Many of the permitting
requirements for mobile food vendors that are currently in place, such as valid proof of all State
and County Health Department licenses as well as State Sales Tax Permit information, would
remain in effect.
Attachment to Staff memorandum dated November 2, 2018
PREVIOUS DISCUSSION AND RESULTING EDITS:
City Council initially reviewed and discussed the proposed changes to Part 9, Chapter 3 of the
Code of Ordinances at their Work Session meeting on August 14, 2018. Several aspects of the
proposed changes were discussed and some concerns were voiced by Councilors at that
meeting. To address those concerns, staff has made several adjustments to the proposed
changes for the mobile food vendor permitting process:
• First, staff has added language to clarify that a mobile food vendor is classified as a
stationary food vendor when it stays in one (1) location longer than seventy -two (72)
hours within a thirty (301 day period. According to the Owasso Zoning Code, all stationary
food vendors must acquire a Temporary Use Permit (TUP). By including language that
specifies that the requirement is seventy -two (72) hours within a thirty (30) day period, it
helps avoid any vagueness regarding how and when to require a mobile food vendor to
procure a TUP.
• Concerns regarding the requirement that all "mobile food /stationary food vendors must
stay at least three hundred (300) feet from any Food Service Establishment unless part of
a Special Event or permission from the property owner is obtained" were brought up at
the August Work Session meeting. Some Councilors believed that it was inappropriate for
the City to regulate where private businesses could be located. Staff has removed that
reauirement from the proposed update.
• One of the proposed additions to this Chapter in the Code of Ordinances was that all
mobile food vendors would not be allowed to have a drive -thru window. The reasoning
behind this proposed restriction was discussed at the August Work Session meeting.
Mobile food vendors are often placed in parking lots, and can often alter or block traffic
patterns within those parking lots. This is generally not an issue, as long as emergency
access is not affected, adequate parking is still provided, and the property owner has
granted permission for the Mobile Food Vendor to be parked there. However, the
Owasso Zoning Code states that all "food and /or beverage service uses" must allow for
a "minimum of five (5) queuing spaces ... from the point of service." After further internal
discussion, staff has edited the restriction to exclude stationary food vendors. This is
because all stationary food vendors must get a Temporary Use Permit (TUP) from the
Community Development Department, and part of the TUP approval process involves
the submittal of a Site Plan for review. At that time, if the Stationary Food Vendor intends
to have a drive -thru window, staff can determine if the queuing requirement would be
met by the applicant. Because there is no Site Plan requirement for other types of mobile
food vendors, staff is proposing that those types still be disqualified from having a drive -
thru.
• The proposed fee amount of fifty dollars ($50) was also discussed at the August Work
Session meeting. Some Councilors expressed concerns that the fee amount may be too
high. Many mobile food vendors travel from city to city, and therefore must pay permit
fees at each city. Each city's permit fees can add up, resulting in significant costs for
mobile food vendors. After further internal discussion, staff has reduced the proposed fee
amount to twenty -five dollars ($25).
• Finally, concerns were raised by Council members on restricting the hours of operation
for mobile food vendors. Staff has left in the allowable hours of operation at 7:00am-
10:00pm in order to provide the opportunity for further discussion of the items by Council
at the October Work Session meeting.
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