5B - Recommendation to City Council - ordinance regarding mobile food vehicle sales
CITY OF BOULDER
PLANNING BOARD AGENDA ITEM
MEETING DATE: March 10, 2011
AGENDA TITLE: Public hearing and recommendation to City Council of an ordinance that proposes
amendments to Title 4, "Licenses and Permits" B.R.C. 1981 specifically related to section 4-18-2,
"Public Property Use Permits," B.R.C. 1981 regarding mobile food vehicles sales; adding a new section
4-20-65, "Mobile Food Vehicle Sales," B.R.C. 1981; and Title 9, "Land Use Code" B.R.C. 1981
amending section 9-6-5, "Temporary Lodging, Dining, Entertainment, and Cultural Uses," B.R.C. 1981.
REQUESTING DEPARTMENT:
Community Planning and Sustainability:
David Driskell, Executive Director of Community Planning and Sustainability
Molly Winter, Executive Director, Downtown and University Hill Management Division/Parking
Services, DUHMDIPS
Charles Ferro, Land Use Review Manager
Ellen Cunningham, Business Assistance and Special Events Manager, DUHMDIPS
Sandra Llanes, Assistant City Attorney
OBJECTIVES:
1. Hear Staff presentation
2. Planning Board discussion
3. Recommendations on changes to the code
SUMMARY:
Currently, the city code does not permit mobile food vehicles sales. Staff is proposing changes to the code
that would permit this use within certain areas and under certain conditions. These changes are set forth as
amendments to section 4-18-2, "Public Property Use Permits," B.R.C. 1981 regarding mobile food vehicles
sales; adding a new section 4-20-65, "Mobile Food Vehicle Sales," B.R.C. 1981; and amending section 9-6-
5, "Temporary Lodging, Dining, Entertainment, and Cultural Uses," B.R.C. 1981, by the addition of a new
subsection (d) regarding mobile food vehicle sales, and setting forth related details to allow mobile food
vehicle sales. (Attachment A)
Since the proposed amendments involve a change to the city's Land Use Code found in Title 9, staff has
referred the proposed changes to the board for a recommendation to City Council. Staff has also identified
the following key issues to help guide the Planning Board's discussion:
Agenda Item 58 Page 1 of 22
1. Are the areas identified on the zoning map appropriate for mobile food vehicle operations?
2. Are the criteria complete for mobile food vehicle operations?
3. Has staff addressed the need for balance between established "brick and mortar" restaurants, residential
areas, and the mobile food vehicle areas of operation?
BACKGROUND:
The increasing national trend in mobile food vending has prompted the need for a formal Land Use Code
interpretation on this activity. Recent inquiries and activities have involved requests to sell food from
mobile food vending vehicles both on private property and from the public right-of-way which are not
currently permitted in the city's regulations. The business community has expressed a great deal of concern
and interest in the city drafting some specific regulations that would make the use and operational
characteristics of mobile food vehicles more predictable in the city. There needs to be a balance between the
operation of brick and mortar restaurants and the operation of mobile food vehicles so that the vehicles do
not compete unfairly with these businesses. Other public health and safety factors such as traffic congestion
and use of sidewalks should also be considered.
Overall, the goal of the proposed amendments is to provide balanced regulations that protect established
restaurants and residential neighborhoods from impacts while providing a predictable licensing process for
mobile food vehicle operators.
A cross-departmental team from Community Planning & Sustainability, Downtown and University Hill
Management Division/Parking Services (DUHMD/PS), Licensing, Sales Tax and the City Attorney's office
developed the recommended code changes based on research from other cities that allow mobile food
vehicles, feedback from mobile food vehicle operators, downtown, the Hill, and 29th Street commercial area
organizations and private property owners. The specific criteria and operating requirements are outlined in
the ordinance and license application found in Attachment B.
ANALYSIS:
Paragraph 9-6-5(c)(2) B.R.C. 1981, generally prohibits mobile vending activities on public and private
property within the city. The proposed changes would specifically define mobile food trucks as a recognized
use under the city's Land Use Code, establish a formal licensing process, and identify appropriate locations
and operation requirements on public and private properties. A Mobile Food Vehicle is defined as a readily
movable, motorized-wheeled vehicle or a towed vehicle designed and equipped to prepare, or serve, and sell
food. This ordinance does not apply to human-powered vending carts on the Pearl Street Mall or University
Hill nor ice cream trucks.
Private Property
The proposed ordinance would allow mobile food trucks to operate on private property with the permission
of the property owner in the city's industrial (I), business (B), mixed use (MU), and downtown zoning (DT)
districts. However, mobile food vehicles operating on private property in the above zone districts would be
required to maintain a minimum separation of 100 feet from any existing brick and mortar restaurants, and
150 feet from residential zone districts (see map in Attachment Q. These changes are reflected in
subsections 9-6-5(d) and 9-6-1(d), B.R.C. 1981.
Agenda Item 58 Page 2 of 22
Public Property
The proposed ordinance would only permit mobile food vehicles to operate in the city's right-of-way in the
Industrial zone districts or as part of an organized special event (i.e., Creek Fest, Harvest Fest, Green Streets,
block parties, etc.). Mobile food vehicles would have less restrictions in the city's Industrial (I) zones where
brick and mortar restaurants are much less prevalent and rights-of-way are typically much larger to
accommodate larger vehicle and truck traffic. However, mobile food vehicles would still be required to
maintain a minimum separation of 100 feet from any existing brick and mortar restaurants, and 150 feet
from residential zone districts. In addition, such vehicles would also be required to maintain a minimum
separation of 200 feet from any other mobile food vehicle operating in the public right-of-way.
Operation in residential zones and city parks are prohibited unless permitted as a part of an organized special
event. These changes are reflected in paragraph 9-6-5(d)(2) and section 4-18-2, B.R.C. 1981.
Distances for separation were determined by studying zoning maps of several different neighborhood
typologies, the location of existing restaurants and the zone districts that support such uses and private
property available for the operation of mobile food trucks. For example, a typical block in the downtown
area is 300 feet by 150 feet. Standard blocks on University Hill and in North Boulder are slightly larger.
Given the urban context of downtown, the Hill and North Boulder (alleys, little available private surface
parking) staff determined that available private property for mobile food vehicle operations in the
downtown, the Hill, and North Boulder is for the most part limited. Further consideration was given to
discussions with brick and mortar restaurant owners and mobile food truck operators in an effort to strike an
appropriate balance that prevented unfair competition with established restaurants and impacts on
transitional residential areas that abut commercially zoned properties. Additional consideration was given to
the hours of operation and the overall operational characteristics of mobile food vehicles in determining
impacts and appropriate distances for separation.
Distances shall be measured by the City on official maps as the radius from the closest points on the perimeter
of the applicant's mobile food vehicle to the closest point of the designated residential zone or property of the
restaurant. With regard to measurement between two or more mobile food vehicles in the public right-of-
way, measurement shall be in the form of standard measuring devices including and not limited to a tape
measure.
Operational Requirements
The proposed ordinance establishes a number of operational requirements for mobile food vehicle sales on
private property and public locations. No person who operates any mobile food vehicle on public property
or private property shall:
• obstruct the pedestrian or bicycle access, the visibility of motorists, nor obstruct parking lot
circulation or block access to a public street, alley or sidewalk;
• locate any vehicle, structure, or device upon a public sidewalk within the extended boundaries
of a crosswalk or within ten feet of the extension of any building entranceway, doorway or
driveway;
• fail to maintain and provide proof when requested of written consent from the private property
owner authorizing the property to be used for the proposed use with regard to mobile food
vehicle sales on private property;
Agenda Item 58 Page 3 of 22
• fail to park legally;
• operate before 8 a.m. or after 9 p.m. and for more than a maximum of 4 hours at any one
approved location;
• set up any structures, canopies, tables or chairs;
• sell anything other than food and non-alcoholic beverages;
• provide amplified music;
• place signs/banners in or alongside the public-right-of-way or across roadways. Signs must be
permanently affixed to or painted on the mobile food vehicle;
• fail to have the vehicle attend at all times;
• fail to permanently display to the public in the food handling area of the mobile food vehicle
the permit authorizing such use;
• fail to provide trash receptacles and properly dispose of all trash, refuse, compost and garbage
that is generated by the use;
• cause any liquid wastes used in the operation to be discharged from the mobile food vehicle;
• fail to abide by all other ordinances of the city.
Mobile food vehicles sales that are part of an approved organized event are exempt from the requirements
above but will be subject to other conditions imposed in connection with the event. Those conditions will be
identified in the special event permit process and guided by the following criteria found in subsections 4-18-
2(c) and (e):
Before issuing a permit under this section the city manager shall:
• Consult with the city fire and police departments and transportation division to determine the degree
of congestion of any public right-of-way which may result from the proposed use, design and
location, including the probability of impact of the proposed use on the safe flow of vehicular and
pedestrian traffic. Factors considered shall include but not be limited to the width of the streets and
sidewalks, the volume of traffic, the availability of off-street parking, or any other factor related to
the protection of the public health, safety, and welfare;
• Consult with the Parks and Recreation Department to determine the appropriateness of commercial
sales activities within or adjacent to parks and recreation facilities based on the public's use and
enjoyment for recreational activities, events, competition with existing contracted concessionaires,
and impacts upon landscaping and facilities;
• Consult with the Downtown and University Hill Management Division and Parking Services to
determine the appropriateness of sales activities within commercial districts based on the impact to
the economic viability of existing businesses, the public's use and enjoyment of sidewalks and other
public areas for patio and cafe seating, amenities including and not limited to benches, trees, trash
receptacles, parking kiosks, bicycle parking, events, and the mobility of pedestrians;
• Determine whether the permit meets all requirements of this code and other ordinances of the city.
• The manager shall issue such permit upon a finding that, in view of the location or area proposed to
be used and the type of business to be carried on, the sales business complies with all requirements
of this code, other ordinances of the city, would not constitute an obstruction of public property or a
health or safety hazard, and the public benefit from the proposed use exceeds its detriments. The city
manager may impose reasonable conditions in the permit to assure the use of public property and
Agenda Item 58 Page 4 of 22
right-of-way and protect the public health, safety, and welfare. The permittee shall meet all
applicable requirements of chapter 3-2, "Sales and Use Tax," B.R.C. 1981.
Licensing
The general licensing provisions of chapter 4-1, "Licenses and Permits," B.R.C. 1981 shall apply to mobile
food vehicle sales licenses. An individual or entity that wishes to operate a mobile food vehicle in the city
must first obtain a Boulder County Health Department license and city of Boulder sales tax license. They
may then apply for a mobile food truck vehicle license (see Attachment B) through the city's licensing
department.
The applicant must provide proof of a valid driver's license, vehicle registration, motor vehicle insurance,
and liability insurance. The application is reviewed by the Planning Department and then routed to the
licensing department for approval or denial of the license. The cost of a mobile food vehicle license is $200
and the license must be renewed annually. The cost for a renewal is $200. As a condition of accepting the
license, the applicant is required to sign the application agreeing to meet all the requirements pursuant to city
code and to assume responsibility for the actions and omissions of its agents and employees in the
performance of or failure to perform its obligations under the license.
PUBLIC COMMENT AND PUBLIC OUTREACH PROCESS:
Staff has had several meetings with interested mobile food truck vendors to solicit feedback from them to
craft recommendations for their operation while balancing the competing needs of the brick and mortar
establishments.
On Tuesday, February 1, 2011 all existing and potential mobile food vehicle vendors were invited to attend a
meeting to discuss the proposed ordinance. Six vendors came to the meeting and voiced their support for the
ordinance.
In discussions with local mobile food truck operators, most rely on social network sites such as Twitter and
Facebook to notify patrons of their location and hours of operation. Staff also learned that most operators
rely on a predetermined route and schedule to make service predictable for customers. While some vendors
have been operating downtown, it appears that a majority of businesses occurs in the city's industrial parks.
Sean Maher, Executive Director, Downtown Boulder, Inc. surveyed 28 restaurants in downtown Boulder.
The results were:
71.4% of these establishments were not in favor of the mobile food vehicles operating in the
downtown commercial area.
64.2% had no issues with the vehicles operating on private property in the downtown commercial area.
75% believed that these vehicles have an unfair advantage over permanent restaurants.
89.2% of the respondents were in favor of having these vehicles operate in business parks and
industrial areas with the permission of the property owners.
Staff received one email from a potential vendor asking about distance requirements. (Attachment D)
Agenda Item 5B Page 5 of 22
SUMMARIZE MEETINGS:
The Downtown Management Commission met on February 7, 2011 and voted 4-1 (abstained) to make a
recommendation to City Council to approve the amendments to allow mobile food vehicles to operate in
specific areas of the city.
Downtown Boulder, Inc. met on Wednesday, February 9, 2011 and passed a motion to recommend to City
Council to amend the ordinances to allow mobile food vehicles to operate in specific areas of the city.
The Boulder Business Improvement District board met on Thursday, February 10, 2011 and passed a motion
to recommend to City Council to amend the ordinances to allow mobile food vehicles to operate in specific
areas of the city.
The University Hill Commercial Area Management Commission met on Wednesday, February 16, 2011 and
passed a motion to recommend to City Council to amend the ordinances to allow mobile food vehicles to
operate in specific areas of the city.
STAFF FINDINGS AND RECOMMENDATIONS:
Staff recommends amendments to Title 4, Section 4-18-2, and Title 9, Section 9-6-5 and adding a new
section 4-20-65 to allow mobile food vehicles to operate in specific areas and under specific conditions
covered in this memorandum.
Approved B
d Driske 1 Ex u i hector
Department of Community Planning and Sustainability
ATTACHMENTS:
A. Ordinance
B. License Application
C. Map
D. Correspondence Received
Agenda Item 5B Page 6 of 22
Attachment A
1 ORDINANCE NO.
2 AN ORDINANCE AMENDING SECTION 4-18-2, "PUBLIC
3 PROPERTY USE PERMITS," B.R.C. 1981, REGARDING MOBILE
FOOD VEHICLES SALES; ADDING A NEW SECTION 4-20-65,
4 "MOBILE FOOD VEHICLE SALES," B.R.C. 1981; AND AMENDING
SECTION 9-6-5, "TEMPORARY LODGING, DINING,
5 ENTERTAINMENT, AND CULTURAL USES," B.R.C. 1981, BY THE
6 ADDITION OF A NEW SUBSECTION (D) REGARDING MOBILE
FOOD VEHICLE SALES, AND SETTING FORTH RELATED
7 DETAILS.
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
10 COLORADO:
11
12 Section 1. Section 4-18-2 is amended to read:
13 4-18-2 Public Property Use Permits.
14 (a) No person shall place for sale or for solicitation of orders any merchandise or other things
15 upon any street, alley, sidewalk, or other public property or suspended from any building
or structure over the street, sidewalk, or public property without first obtaining a permit
16 from the city manager under this section.
17 (b) Nothing in this section shall be deemed to waive or supersede the requirement to obtain
an other license or permit required by this code, including without limitation a license or
18 permit to sell or display goods or merchandise on the Downtown Boulder Mall or
19 University Hill, as required by chapter 4-11, "Mall Permits and Leases," ef4b~ section 4-
18-4, "University Hill Mobile Vending Cart Permit," or for mobile food vehicle sales
20 pursuant to section 9-6-5(d) "Mobile Food Vehicle Sales," B.R.C. 1981.
21 (c) Before issuing a permit under this section the city manager shall:
22
Consult with the city fire and police departments and transportation division to
23 determine the_degree _ of congestion of any public right-of-way which may result
from the proposed use, design and location, including the probability of impact of
24 the proposed use on the safe flow-of vehicular and pedestrian traffic. Factors
25 considered shall include but not be limited to the width of the streets and
sidewalks, the volume of traffic, the availability of off-street parking, or any other
26 factor _related _to the _protection of the_public_ wglth~ safetX and welfare;
27 2) Consult with the Parks and Recreation Department to determine the
28 appropriateness of commercial sales activities within or aaacent tooTaflc and
K:\cmad\o-mobile food vehicle.doc
Agenda Item 5B Page 7 of 22
I recreation facilities based on the public's use and enjoyment for recreational
activities, events, competition with existing contracted concessionaires, and
2 impacts upon landscaping and facilities,
3
Consult with the Downtown and University Hill Management Division and
4 Parking Services to determine the appropriateness of sales activities within
commercial districts based on the impact to the economic viability f existing
5 businesses, the public's use and enjoyment of sidewalks and other public areas for
6 patio and cafe seating, amenities including and not limited to benches, trees, trash
receptacles, arking kiosks, bicycle events, and the mobility of
7 pedestrians;
8 (4) Determine whether the permit meets all requirements of this code and other
9 ordinances of the city.
10 (d~ With regard to mobile food vehicle sales _on public prope_rtX or in the publ c
right-of-way, any such permit obtained under this section must be in connection with an
11 approved organized permit pursuant to BRC 8-3-14 or street closure permit pursuant to
12 BRC 2-2-11_.
13 ee The manager shall issue such permit upon a finding that, in view of the location or area
proposed to be used and the type of business to be carried on, the sales business complies
14 with all reauirements_of this code other ordinances of the city, a*d would not constitute
15 an obstruction of public property or a health or safety hazard and the public benefit from
the proposed use exceeds its detriments. The city manager may impose reasonable
16 conditions in the permit to assure the use of public property and right-of-way and protect
the public health, safety, and welfare. The permittee shall meet all applicable
17 requirements of chapter 3-2, "Sales and Use Tax," B.R.C. 1981.
18
19
Section 2. Chapter 4-20 Fees is amended by the addition of a new subsection 4-20-65 to
20
read:
21
22 4-20-65. Mobile Food Vehicle Sales.
23 An a~nlicant for amobile food vehicle Deermit shall Da a 200 application fee-and a_$200
24 renewal fee ~ar.
25
26
27
28
R\cmad\o-mobile food vehicle.doc
Agenda Item 5B Page 8 of 22
I Section 3. Section 9-16-1, B.R.C. 1981 is amended by the addition of a new definition to
2 read:
3
9-16-1 General Definitions.
4
5 "Mobile Food Vehicle" means a readily movable, motorized-wheeled vehicle or a towed vehicle
6 designed and equipped to prepare, or serve, and sell food, but which does not include mobile
vending carts as defined in section 4-18-4, "University Hill Mobile Vending Cart Permit," and
7 section 4-11-12, "Mobile Vending Cart Permit," B.R.C. 1981.
8
9 Section 4. Paragraph 9-6-5(c)(2), B.R.C. 1981 is amended to read:
10 (c) Temporary Sales or Outdoor Entertainment:
11
12 (2) Prohibitions: No person shall sell merchandise or services from a motor vehicle,
trailer, mobile home, or tent upon any public or private property, including,
13 without limitation, lots or portions thereof that are vacant or used for parking
except as provided in this s-ubsection.
14
15 Section 5. Section 9-6-5, B.R.C.1981 is amended by the addition of anew subsection
16 (d) to read:
17 9-6-5 Temporary Lodging, Dining, Entertainment, and Cultural Uses.
18 d) Mobile Food Vehicle Sales. The following criteria apply to any mobile food vehicle
19 sales use:
20 1. Standards: The city manager will permit mobile food vehicle sales on private
roperty or in the public right of way if the use is permitted in the applicable
21 zoning district and meets the following standards and conditions:
22 fM The use shall be located at least:
23 i. 150 feet from any residential -zone districts: and
24 ii_ 100 feet-from-any established restaurant, and
25 iii. 200 feet from anv other mobile_food_v_ehicle with regard to public
right of way sales.
26 Distances shall be measured by the City on official maps as the radius
27 from the closest points on the perimeter of the applicant's mobile food
vehicle to the closest-point of the designated residential zone or property
28 of the restaurant. With regard to measurement between two or more
R\cmad\o-mobile food vehicle.doc
Agenda Item 5B Page 9 of 22
I mobile food vehicles in the public right of way-, measurement shall be in
the form of standard measuring devices including and not limited to a tape
2 measure.
3 No person shall operate a mobile food vehicle sales use without a hermit
or in violation of the conditions of a pennit. The permit will be valid for
4 12 consecutive months, or such other time as the city manager may by rule
5 designate. Such application shall meet the following requirements:
6 i. provide proof of and maintain a valid driver's license, vehicle
registrationand current motor vehicle insurance;
7 ii. providq- r f of and maintain a Colorado Retail Food license for a
8 mobile unit;
ill. Provide proof of and maintain a valid sales use tax license-
9
iv. provide payment of the fee prescribed by section 4-20-65, B.R.C.
10 1981.
11
12 As a condition of accepting the permit, applicant shall sign an agreement,
in a_form acceatable_to the city manager _in which the applicant a rem
13 to meet all requirements under this section and chapter 4-1, "General
Licensing Provisions, B.R.C. 1981 and assume responsibility for the
14 actions and omissions of its agents and enmio~ees in the performance of
15 or failure to perform its obligation under the permit.
16 2. Scone:
17
In addition to the zoning districts permitted by this section, mobile food
18 vehicle sales may take place in other public property locations or in the
public right of Way but only as part of an approved organized event or
19 street closure permit and granted pursuant to the authority in section 4-18-
20 2, "Public Property Use Permit," B.R.C. 1981 or and other relevant code
section.
21
(B) The standards set forth in subsection (d)(1)(A) and (d)(3) shall not apply
22 to mobile food vehicle sales that meet the criteria as indicated above in
23 (2 ~ but shall be subject to any conditions im-pose_d in connection
with the event. All other requirements of this subsection shall a 1 .
24
The mana eg r may from time to time prohibit the issuance of
25 additional licenses and specified areas of the city in the interest of
avoidingtraffic congestion or __mg_te- -_s_
__reserv_~u iea t- a__e__ty_, an_
26 welfare.
27
28
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Agenda Item 5B Page 10 of 22
1 3. Operating Requirements: No person who operates any mobile food vehicle on
public property or private prope shall:
2
3 (A) obstruct the pedestrian or bicycle access, the visibility of motorists-nor
obstruct parking lot circulation or block access to a public street, alley or
4 sidewalk-
5 (B) locate any vehicle, structure, or device upon a public sidewalk within the
6 extended boundaries of a crosswalk or within ten feet of the extension of
any building entranceway, doorway, or driveway;
7
C~ fail to maintain and provide proof when requested of written consent from
8 _ the private-property owner authorizingthepropertyto be used for the
9 proposed use with regard to mobile food vehicle sales on private property;
10 ( fail to Wrk legally,
11 operate before 8 a.m. or after 9 p.m. and for more than a maximum of 4
12 hours at any one approved location;
setup any structures, canopies, tables or chairs;
13
sell anything other than food and non-alcoholic beverages,
14 provide amplified music
15 place-signs/banners cesin or alongside theublc ri,ht- f
owa~or across
16 roadways. Signs must be permanently affixed to or painted on the mobile
food vehicle;
17 CJ) fail to have the vehicle attended at all times;
18 " fail to permanently display to the public in the food handling area of the
19 mobile food vehicle the permit authorizing such use;
U fail to provide trash _receptacles and properly dispose of all trash, refuse,
20 compost and-garbage that is generated bythe use,
21 M cause any liquid wastes used in the operation to be disch Hrom the
mobile food vehicle;
22
N fail to abide by all other ordinances of the city.
23
24 4. The general- licensingprovisions of chapter 4-1, "Licenses and Permits," B.R.C.
1981 shall appjy.
25
26
27
28
K:\cmad\o-mobile food vehicle.doc
Agenda Item 5B Page 11 of 22
I Section 6. Section 9-6-1 is amended by the addition of a new subsection to the Table 6-1
2 Use Table.
3
4 9-6-1(d) Schedule of Permitted Land Uses
5 FFFFFFFI
6 - Specific
Use Use
7 Modules R1 R2 R3 R4 R5 R6 R7 R8 MH M1 M2 M3 B1 B2 B3 B4 135 D1 D2 D3 11 12 13 14 P A Standard
8 Mobile
Food
vehicle C C C C C C C C C C C C C C C 9-65(d)
9 on - _ _
Pnvate
10 rooerty I
Mobile
11 Food
Vehicle
12 on * * * * * * * * * * * * * * * * * C C C C 9- Idl
- - - - - - - - - - - - - - - - - - - - - -
- -
Public
13 Riat of
u
14
15 Section 7. This ordinance is necessary to protect the public health, safety, and welfare of
16
the residents of the city, and covers matters of local concern.
17
18 Section 8. The City Council deems it appropriate that this ordinance be published by title
19 only and orders that copies of this ordinance be made available in the office of the city clerk for
20 public inspection and acquisition.
21 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
22 TITLE ONLY this day of , 2011.
23
24 Mayor
25 Attest:
26
City Clerk on behalf of the
27 Director of Finance and Record
28
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Agenda Item 5B Page 12 of 22
I READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED
2 PUBLISHED BY TITLE ONLY this day of , 2011.
3
4
Mayor
5
6 Attest:
7
8 City Clerk on behalf of the
9 Director of Finance and Record
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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Agenda Item 5B Page 13 of 22
Attachment B
Date Received: Receipt Number:
ff
Amount R'cvd: " w Check Number:
OF
DRAFT CITY OF BOULDER
MOBILE FOOD VEHICLE LICENSE APPLICATION
Please snake checks payable to: CITY OF BOULDER
Return completed application, fee and supporting documents to:
FINANCE DEPARTMENT, LICENSING DIVISION
1777 Broadway, P.O. Box 791, Boulder, CO 80306.
You must apply at least 2 weeks prior to beginning sales and you cannot conduct business in Boulder until you
have your Mobile Food Vehicle License, Boulder County Health Department Certificate and city sales tax
license issued.
License is valid through December 31St of the current year and must be renewed annually, by January 1St, with a
$200 renewal fee.
[ ]License Application Fee: $200.00 [ ] License Renewal Fee: $200.00
Business Applicant: Phone:
Address:
(Include Street, PO Box, City, State & Zip)
Trade Name: Phone:
Business Mailing Address:
Business Email Address:
Address of Commissary:
Business Contact Name and Phone Number in case of Location Complaints:
Business owned by: [ ] Individual [ ] Partnership [ ] Corporation [ ] Limited Liability Company
If an individual or partnership, provide the following information:
Name Home Address (City-State-Zip) Date of Birth
S:CMO/Muni/Licensing/Mobile Food Vehicle/10 Forin.doc Updated:
November 30. 2010
Agenda Item 5B Page 14 of 22
Name Home Address (City-State-Zip) Date of Birth
Name Home Address (City-State-Zip) Date of Birth
(IF NECESSARY, SUPPLY ADDITIONAL INFORMATION ON A SEPARATE PAGE AND ATTACH)
If a corporation or LLC, provide the following information:
President/ Managing Member:
Name Home Address (City-State-Zip) Date of Birth
Vice-Pres./Member:
Name Home Address (City-State-Zip) Date of Birth
Secretary/ Member:
Name Home Address (City-State-Zip) Date of Birth
Treasurer./ Member:
Name Home Address (City-State-Zip) Date of Birth
(IF NECESSARY, SUPPLY ADDITIONAL INFORMATION ON A SEPARATE PAGE AND ATTACH)
Please attach a list of all owners and employee's names, home addresses and birth dates who will drive the mobile
food vehicle.
Please provide a brief description of your business:
Please refer to the attached map which indicates the allowed zones of operation for mobile food vehicles. Below is a
summary of the zoning requirements:
Private Property: Allowed in commercial districts as indicated in BRC 9-6-1 with specific criteria.
Public Right of Way, such as public streets: Allowed only in Industrial Zones as indicated in BRC 9-6-1 with
specific criteria or in connection with an approved organized event permit.
Public Property: Allowed only as part of an organized event permit.
Mobile Food Vehicle Information that must be provided with Application:
With this application, the applicant must:
1) Furnish the city copies of valid drivers' licenses for all drivers of the mobile food vehicle.
2) Furnish the city with a copy of the mobile food vehicle current registration.
S:CMO/Muni/Licensing/Mobile Food Vehicle/10 Foini.doc Updated:
November 30. 2010
Agenda Item 5B Page 15 of 22
3) Furnish the city with a copy of the mobile food vehicle insurance.
4) Furnish the city with a certificate signed by a qualified agent of an insurance company evidencing the
existence of valid and effective policies of workers' compensation and public liability and property
damage insurance naming the city and its officers and employees as an additional named insured on the
liability policy with minimum limits of $150,000.00 for any one person and $600,000.00 for any one
accident, and public property damage insurance with a minimum limit of $100,000.00 for any one
accident.
5) Furnish the city with a copy of a valid Boulder County Health Department certificate for the mobile food
vehicle.
Have you applied for a City of Boulder Business/Sales Tax License? [ ] Yes [ ] No
If you answered "yes," please provide a copy of the issued sales tax license or the sales tax license application indicating payment of the
fee.
If you answered "no," contact the Sales Tax department at: 303-441-3050. Please note that a license will not be
issued until proof of applying for and/or receiving a city sales tax license is provided.
OATH OF APPLICANT
I hereby certify on behalf of the applicant to agree to abide by the requirements as outlined in the Boulder
Revised Code and as outlined in the attachment to this application. As per regulation and in accordance with the attached
map, the applicant understands that operation of a mobile food vehicle is allowed only in certain zoning districts.
I hereby certify on behalf of the applicant that the business has prior properly obtained, will keep on file,
and will provide to the city if requested a copy of the written permission from the private property owner to operate on
their private property.
I hereby certify under penalty of perjury in the second degree, that the above application, statements and
all attachments are true and correct to the best of my knowledge, and that I have read, understood and agree to all
conditions within this application and attachments.
Signature of Applicant Print Name, Title & Date
Attachments that must be included with thisMobile Food Vehicle License application:
[ ] Mobile Food Vehicles Standards and Operating Requirements (provided and attached with application)
[ ] Map of allowed zones for operation (provided and attached with application)
[ ] List of all employees driving the mobile food vehicle with copies of valid drivers licenses (provided by applicant)
[ ] Current Boulder County Health Department Food Establishment Certificate (provided by applicant)
[ ] Current City of Boulder Sales Tax License or Application with payment confirmation (provided by applicant)
[ ] Current Mobile Food Vehicle registration and insurance (provided by applicant)
[ ] Certificate of Insurance (provided by applicant)
S:CMO/Muni/Licensing/Mobile Food Vehicle/10 Fonii.doc Updated:
November 30. 2010
Agenda Item 5B Page 16 of 22
FOR OFFICE ITSE ONLY
Sales Tax Department Recommendation: [ ] Approve [ ] Deny
Date Sent:
Remarks:
Name: Date:
Community Planning and Sustainability Recommendation: [ ] Approve [ ] Deny
Date Sent:
Remarks:
Name: Date:
S:CMO/Muni/Licensing/Mobile Food Vehicle/10 Forni.doc Updated:
November 30. 2010
Agenda Item 5B Page 17 of 22
Mobile Food Vehicle Standards and Operating Requirements
Boulder Revised Code 9-6-5-d
Standards:
The city manager will permit mobile food vehicle sales on private property or in the public right of way
if the use is permitted in the applicable zoning district and meets the following standards and conditions:
The use shall be located at least:
• 50 feet from any residential zone districts; and
• 200 feet from any established restaurant; and
• 200 feet from any other mobile food vehicle with regard to public right of way sales.
No person shall operate a mobile food vehicle sales use without a permit. The city manager will approve
a permit if the applicant pays the fee prescribed by Section 4-20-65, B.R.C. 1981. The permit will be
valid for 12 consecutive months, or such other time as the city manager may by rule designate. Such
application shall meet the following requirements:
• provide proof of and maintain a valid driver's license, vehicle registration, and current motor
vehicle insurance;
• provide proof of and maintain a Colorado Retail Food license for a mobile unit;
• provide proof of and maintain a valid sales use tax license;
As a condition of accepting the permit, applicant shall sign an agreement, in a form acceptable to the
city manager in which the applicant agrees to meet all requirements under this section and Chapter 4-1,
"General Licensing Provisions, B.R.C. 1981 and assume responsibility for the actions and omissions of
its agents and employees in the performance of or failure to perform its obligation under the permit.
Operating Requirements:
No person who operates any mobile food vehicle on public property or private property shall:
• obstruct the pedestrian or bicycle access, the visibility of motorists, nor obstruct parking lot
circulation or block access to a public street, alley or sidewalk;
• locate any vehicle, structure, or device upon a public sidewalk within the extended boundaries of
a crosswalk or within ten feet of the extension of any building entranceway, doorway, or
driveway;
• fail to maintain and provide proof when requested of written consent from the private property
owner authorizing the property to be used for the proposed use with regard to mobile food vehicle
sales on private property;
S:CMO/Muni/Licensing/Mobile Food Vehicle/10 Foini.doc Updated:
November 30. 2010
Agenda Item 5B Page 18 of 22
• fail to park legally;
• operate before 8 a.m. or after 9 p.m. and for no more than 4 hours at any one approved location;
• set up any structures, canopies, tables or chairs;
• sell anything other than food and non-alcoholic beverages;
• provide amplified music;
• place signs/banners in or alongside the public right of way or across roadways. Signs must be
permanently affixed to or painted on the mobile food vehicle;
• fail to have the vehicle attended at all times;
• fail to permanently display to the public in the food handling area of the mobile food vehicle the
permit authorizing such use;
• fail to provide trash receptacles and properly dispose of all trash, refuse, compost, and garbage
that is generated by the use;
• cause any liquid wastes used in the operation to be discharged from the mobile food vehicle;
• fail to abide by all other ordinances of the city.
S:CMO/Muni/Licensing/Mobile Food Vehicle/10 Foini.doc Updated:
November 30. 2010
Agenda Item 5B Page 19 of 22
Zoning Map {MJC Comment: How will Licensing obtain this to give to Applicant? Will we have a copies of these
from Planning, will Applicant have to go to Planning ahead of time to get this produced?)
S:CMO/Muni/Licensing/Mobile Food Vehicle/10 Foini.doc Updated:
November 30. 2010
Agenda Item 5B Page 20 of 22
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Attachment D
From: thetasterietruck@gmail.com
Sent: Wednesday, February 09, 2011 10:32 PM
To: Cunningham, Ellen
Subject: Distance proposal
Hi Ellen,
My apologies for the extremely late response in getting this over to you.
As I mentioned in the meeting last week, the only amendment I would propose on the
new ordinance is the distance requirement from a brick and mortar restaurant. I think this
is more than fair for brick and mortar places serving the same type of cuisine but i would
propose that the requirement be less if the mobile unit is serving a completely different
type of cuisine than the Brick and mortar, thus not in direct competition.
Let me know if you have any questions or concerns.
Many thanks!
Sent from myTouch 4G
Agenda Item 5B Page 22 of 22