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An Ordinance Regulating Mobile Food Vendors
in the City of Little Rock
University of Arkansas at Little Rock Master of Public Administration Program
May 2013
UALR Master of Public Administration Program Page 2
An Ordinance Regulating Mobile Food Vendor Operations
in the City of Little Rock
Project Team Members
Michelle Barnes James Fisher Xianchen Guo Jessica Kelton
Jessica Key Billy Parrish Jon Vannatta
Rachel Watson Morgan Weaver
Spring, 2013
© UALR MPA Program all rights and restrictions apply
Reproduction and use of materials permitted by the City of Little Rock.
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Table of Contents
Proposed Ordinance page 4
Summary of Considerations page 7
Section 1: Features of Proposed Ordinance
1.1 Update Language and Modify Terms page 10
1.2 Address Food Safety page 11
1.3 Create Permitting Process page 12
1.4 Zoned Operations page 13
Section 2: Economics of Mobile Food Operations
2.1 Economic Realities page 15
Section 3: Future Considerations
3.1 Healthy Vending in Parks and Food Deserts page 19
3.2 Public Right-of-Way and Franchising page 21
3.3 Food Truck Courts page 22
3.4 GPS Tracking of Mobile Food Vendors page 23
References page 25
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Ordinance No. ___________
AN ORDINANCE REGULATING THE OPERATION OF MOBILE FOOD VENDORS IN
THE CITY OF LITTLE ROCK; REQUIRING A PERMIT; AND FOR OTHER PURPOSES.
WHEREAS: In an effort to be proactive, the City of Little Rock is revisiting its current policy
for mobile food vendors; and
WHEREAS: The number of mobile food vendors are rising nationwide as well as locally and
provide the service of convenient and diverse food choices; and
WHEREAS: Over the last five years, mobile food vending has allowed creative culinary
professionals an avenue to pursue small business ownership and practice their craft; and
WHEREAS: Like many municipalities, Little Rock is realizing a resurgent interest in mobile
food vendors and must examine its current policies; and
WHEREAS: The current city ordinance authorizing and regulating mobile food vendors is
outdated and needs to be modified to meet the growing demands of the mobile food vending
business.
NOW, THEREFORE, BE IT RESOLVED BY THE LITTLE ROCK CITY BOARD OF
DIRECTORS;
The following definitions shall apply in the interpretation and the enforcement of this
ordinance:
A. Mobile Food Vendor (MFV): means a portable push cart or a vehicle mounted food
service establishment designed to be readily movable and approved by law to travel
highways, roadways, and/or waterways in the state of Arkansas that is a self-contained
mobile food establishment equipped with permanently mounted fresh water holding tanks
and waste holding tanks as set forth by the Arkansas Department of Health.
B. Permit: means the document issued by the regulatory authority that authorizes mobile
food vending
C. Regulatory authority: means the local, state, or federal enforcement body or authorized
representative having jurisdiction over Mobile Food Vendors.
D. Employee: the permit holder, person in charge, person having supervisory or
management duties, person on the payroll, family member, volunteer, person performing
work under contractual agreement, or other person working with a Mobile Food Vendor.
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Rules and Regulations
A. All Mobile Food Vendors shall comply with all applicable rules and regulations
pertaining to food establishments set forth by the regulatory authority of the Arkansas
Department of Health and will be held in compliance by this body.
B. Mobile Food Vendors can apply for a business license after first obtaining a Arkansas
Department of Health permit
C. Mobile Food Vendors must renew their business license every calendar year.
D. Mobile Food Vendors must have proof of sales tax and use permit.
E. Mobile Food Vendors must post their permit in the window or display prominently on the
vehicle. This permit shall be visible to inspectors. MFVs must also display all other
department permits and/or licenses as required by that regulatory authority.
F. Mobile Food Vendors must provide menu, photo of vending unit, and proposed days of
use as a part of the business license application.
G. Mobile Food Vendors must have a fixed-base central preparation facility or a notarized
statement from the owner of a central preparation facility stating the MFV uses the
facility as its base of operation. All central preparation facilities must be approved by the
Arkansas Department of Health.
Operations Rules and Regulations
A. Mobile Food Vendors shall not dispense any food or drink when parked within the right-
of-way of any public street in the City of Little Rock except as in section or in any city
owned property without written consent from the city.
B. Mobile Food Vendors shall operate any day between the hours of 6:00am and 11:00pm.
C. Mobile Food Vendors shall be designated to conduct business in districts zoned C1, C3,
C4, UU and must have written permission from the property owner.
D. Mobile Food Vendors may conduct business in metered parking spaces. Vendors shall
use up to two spaces for no longer than two consecutive hours during designated
operation hours. MFVs are responsible for funding meters during allotted time.
E. If at one location for more than two hours, Mobile Food Vendors must show proof of
permission from a business within 150 feet for employees to have use of restrooms (or
other facilities as approved by the health authority) during hours of operation.
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F. Mobile Food Vendors must supply, in a prominent location, trash containers sufficient in
size to collect all waste generated by customers and staff of the mobile vending
operation. All trash and debris generated by customers and staff shall be collected by the
mobile vendor and deposited in their trash container and removed from the site by the
mobile vendor.
G. Mobile Food Vendors shall not use stakes, rods, or any method of support that is required
to be drilled, driven, or otherwise fixed, in asphalt pavement, curbs, sidewalks or
buildings.
H. Mobile Food Vendors shall not provide or allow any dining area, including but not
limited to tables, chairs, booths, bar stools, benches and stand-up counters, unless a
proposal for such seating arrangement is submitted with the permit application and
approved.
I. Mobile Food Vendors shall not impede access to the entrance or driveway of any
adjacent building.
J. Mobile Food Vendors shall not obstruct sight distance for drivers.
K. Mobile Food Vendors are prohibited to the use of PA systems, bells or music.
L. Mobile Food Vendors shall be further instructed by the licensing and operating rules set
forth by the Finance Department, as well as, the Planning and Development Department
of the City of Little Rock.
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Proposed Mobile Food Vendor Ordinance
Summary of Considerations
Features of Proposed Ordinance Update language and modify terms
Address food safety issues Establish proper permitting and processes Establish areas of operation
Economics of Mobile Food Operations
Economic perceptions and economic realities
Food Truck and Restaurant economics
Future Considerations
Operations in parks & food deserts
Public right-of-way use and franchising
Food court variances
Employing GPS Tracking for safety & monitoring
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Introduction In an effort to address various community concerns over the antiquated regulations
guiding food truck operations in Little Rock, the proposed ordinance is prepared and
recommended to replace existing regulations. Current regulations do not adequately
regulate current mobile food vendors, thus the proposed ordinance is based on
contemporary industry standards and operations and is informed by rules and
regulations used in other municipalities throughout the United States. A review of
ordinances from several municipalities reveals that the proposed ordinance contains
accepted and appropriate provisions for adequately regulating mobile food vendors in
the City of Little Rock. Table 1 provides a summary of provisions used to regulate
operations of mobile food vendors in other municipalities.
With the passage of the proposed ordinance, all aspects of the mobile food vending
industry operations are significantly improved. For example, to further the health and
safety of citizens, mobile food vendors must now comply with all Arkansas
Department of Health rules and procedures. Moreover, zoning policies are
recommended to provide specific areas within which mobile food vendors may legally
operate. For years, ambiguous zoning policies for mobile food vendors created a need
for standardizing mobile food vendors’ operations. The proposed ordinance stipulates
these operations must comply with Little Rock zoning rules. With standardization
providing uniform and definitive guidelines, mobile food vendors will have certainty
for how and where their business operations are permitted. The proposed ordinance
establishes mobile food vendors with legitimate and structured regulations necessary
for proper and consistent operations as these businesses contribute to the local
economy and become productive and innovative members of the Little Rock food
industry.
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Table 1. Matrix of Mobile Vending Ordinance Provisions for Select Cities in the U.S.
Aust
in
Dallas
Houst
on
San A
nto
nio
Los
Angle
s
San D
iego
Kansa
s Cit
y
New
York
Mem
phis
Mia
mi
Phoenix
Bost
on
Las
Vegas
Seatt
le
Port
land
LIT
TLE R
OC
K
Standardization Policies
Identifies Mobile Food Vending Operations
Public Health Policies Health Permit Requirements
Local Government Authority for Health Requirements
Annual Inspection Requirements
Food Preparation/Storage Requirements
Location Policies Designations of Distances from Restaurants
Designations for Public Rights-of-Way
Designation of Specifically Zoned Areas
Operation Policies Operating Hour Requirements
Time Limitations for Locations
Permission Requirements to Operate on Private Property
Restroom requirements
Other Common Policies Prohibit Fixed Dining Fixtures
Prohibit Public Address (PA) Systems
Waste Collection Requirements
Note: blank cells denote the provision is not addressed by the ordinance.
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Section 1 Features of Proposed Ordinance
Update language and modify terms
Address food safety issues
Establish proper permitting and processes
Establish areas of operation
1.1 Update Language and Modify Terms
The City of Little Rock ordinance governing mobile vending operations is outdated and
must be updated with terminology and definitions appropriate to the contemporary
mobile food industry. These improved definitions and terminology better reflect the
diverse nature of the mobile food industry in Little Rock; this industry encompasses
everything from push carts selling hot dogs to food trucks selling fresh gourmet foods.
These definitions contained in the proposed ordinance help clarify language relevant
to the mobile food vendors, which have transformed recently into a much more
diverse and varied industry. The ordinance also establishes an acceptable definition
of mobile food vendors. In determining definitions for the ordinance, decisions are
guided principally by considerations involving equity and intergovernmental
consistency. By using the same definitions as the Arkansas Department of Health, the
proposed ordinance matches health requirements for the City of Little Rock with the
State of Arkansas to create concurrent and standardized language for all food
establishments. The modification of language governing mobile food vendors also
addresses mobile food operations, permitting processes and authority for mobile food
vending licensing, operations, and health regulations.
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1.2 Address Food Safety Public health and safety is a common concern among cities that allow mobile food
vending within their jurisdiction.
Recognizing health and safety are
priorities for regulating food safety, the
proposed ordinance conforms to
regulations set forth for all food
establishments in the State by the
Arkansas Department of Health (ADH).
Food establishments in the state must
operate under the Arkansas health
regulations. In an attempt to ensure
that mobile food vendors and
restaurants adhere to similar
regulations when feasible, these
recommendations encourage both initial
and periodic inspections of mobile food
vendors.
The Little Rock ordinance as proposed is consistent with ordinances in other
municipalities, as all these ordinances include language to regulate health standards
for mobile food vendors. In fact, most municipalities regulate food safety for mobile
food vendors through state codes controlling food handling, preparation, and service.
Most state codes are adopted from the
Uniform Food Code developed by the
United States Food and Drug
Administration (USFDA). The uniform
food code was developed to prevent
food borne illnesses that affect millions
of people in the United State annually.
The ADH adopted the Uniform Food
Code as the basis for regulating all
retail food establishments to prevent
food borne illness and provide
provisions guiding health inspections
that are required twice per year. These
regulations are applied unilaterally with
only three exceptions, which are
predicated on the nature of the mobile food vendor operation. For example, due to
California…a model health code
California utilizes a modified version of the USFDA Uniform Food Code. The California health code includes provisions regulating mobile food vending. These provisions standardize what is considered a mobile vendor across the state. Arkansas health regulations are similar in that these regulations apply to all restaurants in the State and establish regulations for equipment restaurants and mobile vendors must maintain in order to comply with State codes. California’s code however, is much more specific, for example, California goes as far as to regulate fuel use.
The City of Angels . . . An Example of Commissary Requirements
Most mobile-food vending operations must treat commissaries as a home base of operations. For example, in Los Angeles, which is guided by the California Retail Food Code, a commissary is a facility where they report to at the end of each work day to park and clean their truck, store inventory, and do the paperwork associated with running a business. However, exceptions to this requirement are for trucks that operate from a fixed position at community events, or trucks that engage only in limited food preparation.
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impracticality, mobile food vendors are not required to maintain some equipment in
their unit (which includes mechanical ware washing equipment, or a dishwasher, a
service sink, and solid food waste storage. These exceptions are noted during the
permitting process as part of the required mobile food vendor’s retail plan.
Currently Arkansas has an equitable set of regulations addressing public health and
safety in the retail food industry; all retail food establishments comprise the retail
food industry. Having one set of regulations for all restaurants creates equal rules
and regulations as all retail food operations must have a retail plan. This retail plan is
reviewed with ADH prior to a retail food establishment receiving a health permit,
which is required in order to operate. In addition, each operation’s facility must be
inspected before a health permit is awarded. Facilities are also subject to two
random inspections annually, which all must pass. All operations are required to have
a central preparation facility or place (referred to in state codes as a commissary) for
food storage and preparation; the facility cannot be a private home or dwelling and
must have a valid health permit.
1.3 Create Permitting Process
As noted, mobile food vendors, like full service and fast food restaurants, are
required to comply with all local and state regulations before they begin operations.
Upon receiving a health permit from the Arkansas Department of Health, a mobile
food vendor is required to obtain a
business license from the City of Little
Rock. In the proposed ordinance, mobile
food vendors are required to observe
guidelines for which restaurants are
subject and must renew the business
license annually. Thus the change in the
ordinance ensures mobile food vendor
regulations are consistent across retail
food operations.
To aid inspectors with verifying if mobile
food vendors are operating legally and
have required permits to operate, the
proposed ordinance contains provisions
for displaying licenses and permits.
Provisions of the ordinance that require mobile food vendors to display licenses and
permits in a location visible to patrons can aid city or state officials receiving an
Boston… An Example of Guided Permitting
Most cities require mobile food vendors to seek compliance with two or more different agencies. Vendors must acquire the necessary permits to operate, namely health permits from a state-level authority and business permits from the city. The process can take weeks to complete and its complexity often confuses operators. Boston also requires the issuance of multiple permits; however the city publishes a step-by-step guide that clearly explains how to apply for a permit and the order of operation for the entire process.
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Chicago . . . An Example of Proximity Restrictions
Some cities prohibit mobile food vendors from conducting business within a certain distance of traditional restaurants. Chicago has an aggressive policy, requiring mobile food vendors to refrain from doing business within 200 feet of a restaurant. Chicago penalizes mobile food vendors up to $2,000 for breaking compliance or for parking longer than two hours.
inquiry about a specific mobile food vendor. The display requirement can help
inspectors easily identify registered and compliant vendors without interrupting their
business. Moreover, such display requirements may mitigate complaints from citizens
questioning the legitimacy of the mobile food vendor’s operations. The addition of
this provision in the ordinance provides additional consistency with guideline to which
restaurants are subjected, as well as ensures customers that the vendor is meeting
health and city guidelines. For example, the Arkansas Department of Health requires
restaurants to post health permits in a location visible to customers.
As part of the license application, the proposed ordinance requires mobile food
vendors to submit: a menu, a photo of the vending unit, and proposed days of regular
operations. These provisions provide city and state officials with additional
information for ease of identification of mobile food vendors and verification of their
license and permit status. Such identification and verification can aid officials when
handling complaints or responding to a Little Rock 311 request.
1.4 Zoned Operations Mobile food vendors in Little Rock currently operate with minimal guidance on where
and when operations can take place or
occur. The proposed ordinance addresses
operations by permitting mobile food
vendors to conduct business in areas zoned
for similar commercial activity. The
proposed ordinance allows operations in
areas zoned C1, C3, C4, and UU. Within
these designated zones, mobile food
vendors can conduct business on private
property with permission from the property
owner; the mobile food vendor must
provide proof of written permission. Mobile
food vendors cannot operate in the public-right of-way without special permission
from the City of Little Rock.
With citizens’ health and safety the primary purpose for proper mobile food vendor
regulations, zoning requirements ensure citizens purchase food that is safe for service
and consumption. As a result, regulations are recommended to prevent mobile food
vendors from selling food and/or drinks in the right-of-way (unless permission is
acquired from the City of Little Rock). Public right-of-way is restricted to ensure the
safety of pedestrians and ensure traffic is not obstructed. However, the proposed
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ordinance permits mobile food vendors to use up to two metered parking spaces for
up to two hours. At the end of the two hour period, the mobile food vendor must
relocate to another area not in the same general vicinity.
The proposed ordinance requires that mobile food vendors operating from a location
for more than two hours must have written permission from a business, which must be
within 150 feet of their mobile unit, to use their restroom facilities. Mobile food
vendors must also provide sufficient trash collection bins for customers to utilize and
must remove these bins at the end of the vendor’s hours of operations. Mobile food
vendors must not block exits and/or driveways at their service locations and must
guarantee that adjacent businesses are unimpeded by the operation. Mobile food
vendors are not permitted to install any rods, tables, and chairs, and must abide by
the noise ordinance. Mobile food vendors may operate between the hours of 6:00 a.m.
and 11:00 p.m.
The ordinance proposes specific zoning areas in which mobile food vendors can
operate, while also restricting their operations in other areas, e.g., in the public
right-of-way (except as otherwise noted). In an effort to ensure health, safety, and
fairness across retail food operations, the City of Little Rock is regulating mobile food
vendors according to protocols and procedures practiced in other cities across the
United States.
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Section 2 Economics of Mobile Food Operations
Economic perceptions and economic realities
Food Truck and Restaurant economics 2.0 Introduction
Contemporary mobile food vendors, or “food trucks” as these are popularly known,
are now more like restaurants than traveling canteens. Mobile food vendors now offer
gourmet fare that can rival dining options of many local restaurants. The rapid
transition to the current diversity in cuisine and dining options for mobile food
vendors creates unbridled excitement among ‘food truck enthusiasts’, but much angst
among traditional full service and fast food restaurants. Though many perspectives of
food trucks abound, cities like Little Rock, just as other cities, must assess operation
procedures of mobile food vendors just as they do for any commercial or industrial
vendor conducting business in the city. Part of this assessment of mobile food vendor
operations includes establishing guidelines for this sector based on current economic
realities. Moreover, these regulations must remain fair and equitable in their
application to this sector.
2.1 Economic Realities
Due to their mobility and coupled with an appeal that ranges from novelty to notable,
mobile food vendors appear to enjoy a business advantage over traditional full service
and fast food restaurants. By being able to access their market, mobile vendors,
unlike their traditional counterparts, take their product to the customer rather than
depending on the customer to come to their location. Consequently, a complaint
often lodged against the mobile food industry is that, due to their mobility, these
vendors unfairly compete for business. In essence, a perception exists in which some
people believe mobile food vendors can relocate to busy and populated areas and
capture customers and appropriate income from restaurants (full service and fast food
restaurants). Another grievance lodged against the mobile food industry asserts that
these vendors do not have the same overall operation costs of full service and fast
food restaurants. Mobile food vendors, however, are quick to show their challenges
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associated with vehicle maintenance, weather, restricted space, and locating places
to operate confound their ability to compete. While the start-up costs for entering
the food service business are less for mobile operations, market realities (e.g., small
segmented markets, labor availability, limited operation hours, and limited capital)
and regulatory realities (conforming to restaurant health and safety codes) often
imperil the unsuspecting entrepreneur. In the end, many full service and fast food
restaurants fail (at an estimated rate of 25%) at nearly the same rate as mobile food
operations (estimated around 30% to 35%). In other words, the underlying economics
for these restaurant operations are quite similar – these entities share similar
challenges that affect their ultimate failure and success.
Understanding the economic challenges that all restaurants face, a focus on the
economic standing of these entities – full service restaurants, fast food restaurants,
and mobile food vendors – provides insight into the true dimensions of the
marketplace for this industry (see Table 2). Nationally, transaction characteristics for
restaurants and mobile food vendors shows that the two sectors moving in different
directions – the restaurant industry is moving forward, while the mobile food sector is
moving backward. The information, though slightly dated is pre-recession,
demonstrates the struggles of the mobile food sector during this period; these figures
portray a weak industry nationally.
Within Little Rock, more recent figures from 2012 tax information depict a vibrant but
quite small mobile food sector (vis-à-vis full service and fast food restaurants). As
shown in Table 3, mobile food vendors constitute less than one-half of one percent of
total tax receipts for all restaurants in Little Rock (full service, fast food, and mobile
food restaurants); total tax receipts serve as a proxy for total sales. In fact, the food
service sector in Little Rock is dominated by full service and fast food restaurants,
which dominate sales at 64.5 percent and 35.1 percent respectively.
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Table 2. Transaction Characteristics for Restaurants and Mobile Food Vendors, 1997-2002
Characteristics (U.S.) Restaurants Mobile Food Vendors
Establishments (actual number)
2002 195,659 2,303
1997 191,245 2,593
percentage difference 2.26% -12.59%
Sales ($000)
2002 $144,649,964 $833,505
1997 $112,450,172 $879,397
percentage difference 22.26% -5.51%
Annual Payroll ($000)
2002 $46,064,140 $143,997
1997 $34,435,004 $170,510
percentage difference 25.25% -18.41%
Paid Employees (actual number)
2002 3,904,628 9,515
1997 3,641,402 11,683
percentage difference 6.74% -22.79%
Source: U.S. Census Bureau, 2007.
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Table 3. Gross Receipts for Top Grossing Restaurants and Mobile Food Vendors Full Service Restaurants*
Taxable Receipts
Fast Food Restaurants*
Taxable Receipts
Mobile Food Vendors**
Taxable Receipts
Host International
4,781,957 Chick-Fil-A 4,323,139 Flossie’s Funnel Cakes
94,796
Cheddars Casual Cafe
4,757,412 McDonald’s 3,669,955 El Chapulin 89,017
Olive Garden 4,202,176 Chick-Fil-A 3,549,574 Taqueria Samantha
79,608
Red Lobster 3,924,532 McDonald’s 3,424,590 La Fina 48,342
Copelands of New Orleans
3,810,283 Chick-Fil-A 3,407,483 Purple Penguin 40,883
Texas Roadhouse 3,699,661 McDonald’s 2,997,857 The Southern Gourmasion
38,909
On the Border 3,567,888 McDonald’s 2,827,198 Clyde & Kiddo’s BBQ
37,415
Cracker Barrel 3,272,342 McDonald’s 2,493,525 Taqueria Emma
27,096
Chili’s Grill & Bar
3,225,172 McDonald’s 2,352,109 Big Daddy’s Dogs
26,762
Flying Fish of Little Rock
3,177,230 McDonald’s 2,477,061 Dream Eats Cafe
26,714
Totals
TOTAL 38,418,653 TOTAL 31,522,491 TOTAL 509,542
TOTAL ALL Full Service Restaurants
N=443
273,218,454
TOTAL ALL Fast Food
Restaurants N=158
148,520,052
TOTAL ALL Mobile Food
Vendors N=62
1,644,799
Total for All Restaurants (Full Service and Fast Food Restaurants, & Mobile Food Vendors)
423,383,305
Percent of Totals
Receipts as a Total of All Restaurants
64.53% Receipts as a Total of All Restaurants
35.08% Receipts as a Total of All Restaurants
0.39%
Note: based on figures from Little Rock Advertising and Promotion Commission using 2012 data. *The commission uses multiple categories for classifying restaurants (e.g., ‘full service restaurants’, ‘caterers’, ‘concessionaires’, ‘fast food restaurants’, ‘mobile units’, and ‘private clubs’). **In this category, the term ‘mobile food vendors’ is used (in lieu of the commission term ‘mobile units’) to remain consistent with terminology used in the report. Excluded from this analysis are locations in which mobile food vendors are used for scheduled events (e.g., the Arkansas State Fair, Southwest Special Events, and the I-30 Speedway) as these receipts typically include those for multiple vendors at one location; businesses no longer in operation are excluded.
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Section 3 Future Considerations
Operations in parks & food deserts
Public right-away use and franchising
Food court variances
Employing GPS Tracking for safety & monitoring
3.0 Introduction In conducting research for the proposed ordinance, the experiences of other cities
and research about mobile food vending provided many other concepts and features
that the City of Little Rock may consider in the future. These considerations may be
of interest to the City of Little Rock, but these need to be fully vetted for their
suitability and potential application in Little Rock. These future considerations seek
to further modify, or improve the ordinance eventually adopted.
3.1 Healthy Vending in Parks and Food Deserts Mobile food vendors are uniquely positioned to address the rising burden of obesity
and other health disparities that lead to chronic health issues. From Michelle Obama’s
“Let’s Move” campaign to the Healthy Food and Active Living initiative of Little Rock
Mayor Mark Stodola, health agencies and activists are highlighting the rampant
increase in diabetes, heart disease, stroke, cancer, and other chronic diseases as well
as how these diseases disproportionately affect low income and minority
communities. The Centers for Disease Control and Prevention link the increase in
chronic diseases directly to the obesity epidemic and report the effects of unequal
health outcomes across socioeconomic strata. Disparities in the health of communities
can be correlated to the degree of access residents have to nutritious foods, like fresh
fruits and vegetables. Communities characterized by a lack of, or limited access to
nutritious foods, which are normally sold at grocery stores and farmers markets, are
called food deserts. Residents of these communities with limited access usually have
inadequate transportation means to travel outside their community for food.
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Therefore, these residents typically endure diets laden with processed foods high in
calories and low in nutritional value. These circumstances contribute to higher rates
of obesity in low income and minority communities and drive the increase in chronic
diseases among those living in these communities.
The City of Little Rock has an opportunity to
confront growing health disparities in the city by
capitalizing on the unique ability of mobile food
vendors to broaden access to healthy foods,
particularly in these low socioeconomic areas. By
leveraging the mobility of food trucks, the City of
Little Rock can enact a program that encourages
vendors to provide nutritious foods in these
areas. City parks, considered part of the public
right-of-way, are restricted from mobile food
vending in the proposed ordinance. However, a
future consideration is to allow vendors to
operate in parks if they can demonstrate their
menu conforms to specific health and nutrition
standards. City parks are spread across the city
and can be found in many areas near, or in, food deserts. Areas in southwest Little
Rock, recognized by the Arkansas Coalition for Obesity Prevention as food deserts, are
a natural starting point for expanding mobile food vending into public parks due to
the area’s dearth of food stores offering fresh fruit and vegetables.
Cities across the country have similar programs in place. In both Kansas City and San
Francisco, mobile food vendors are allowed access in parks and near schools in low
income areas to sell affordable, healthy foods. The health departments in states are
vital collaborators in these programs; they can evaluate mobile vendors for
compliance with nutritional standards. The City of Little Rock could collaborate with
the Arkansas Department of Health to confer special "healthy food vendor" status to
vendors who meet nutritional standards, thereby creating a category of vendors
eligible to participate in these areas; as well, should incentives be necessary to
recruit participants in the program, other potential areas can be opened to these
vendors only (e.g., rights-of-way in downtown Little Rock’s River Market). As an
example, Kansas City's Parks and Recreation policy allows vendors to sell in the city's
parks, provided that the vendor’s menu complies with explicitly defined nutrition
guidelines as set by the health department. Vendors with at least 50 percent of their
foods meeting guidelines are deemed "healthier" vendors and vendors with at least 75
percent of foods meeting these guidelines are considered "healthiest." Vendors
Mobile Food Vending . . . An Answer to Food Deserts Mobile food vendors could contribute to the accessibility of nutritious food, particularly for underserved and vulnerable communities by virtue of their mobility. A mobile cart or truck could function like a supermarket produce aisle on wheels to get these items to neighborhoods in need of fresh produce. Kansas City and San Francisco are banking on this mobile food vendor potential by allowing vendors access to public parks as long as their menu meets a certain health threshold.
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Franchising . . . An Answer to Mobile Food Vending Parking Many cities impose certain limits on the amount of time mobile food vendors can park in one location and conduct business to prevent one vendor from monopolizing coveted locations within the city. Many cities also prohibit vendors from operating in the public right-of-way. Franchising of public locations or right-of-way is a way cities can create competitive locations, consistency for customers of vendors,
and generate revenue.
meeting criteria qualify for reduced fees and are allowed to sell in more areas across
the city. A program that mirrors Kansas City’s initiatives could be a future
consideration for the City of Little Rock to improve food access and control health
disparities among residents in these areas.
3.2 Public Right-of-Way and Franchising Some cities allow access to the public right-of-way through franchise arrangements.
There are many motivations for allowing mobile food vendors to use public areas
through a franchise system. Mobile food vending may lead to an increase in public use
and enjoyment, and, with proper design and management, mobile food vending can
encourage walking, add vitality to the
street, and promote local economic
development. Such positive associations
can create areas epitomizing a “sense of
community” to aid and diversify economic
growth and development. The use of
mobile food vendors in public right-of-ways
allows streets to serve as a place for
socializing and perhaps generate more
civic involvement and engagement.
Though each has different regulations and
processes, the cities of Austin and Seattle
are examples of cities that recognize the
potential of, and allow uses of the public
right-of-way by mobile food vendors. The City of Little Rock currently has a process
for franchising the use of public owned right-of-way in the Public Works Department.
The Department’s process requires authorization from the City of Little Rock, which
begins by filing a franchise application with Little Rock Public Works. The application
requests basic information, like the legal street address of the proposed franchise, an
explanation for the request, and an application fee. If approved, a franchise
acknowledgement letter is sent within thirty days to the applicant. In conjunction
with an approved franchise, other permits (i.e. health, business, sales tax, etc.) may
be required. The current franchising program could be extended to mobile food
vendors as a future consideration. More use of the public right-of-way by mobile food
vendors could produce similar benefits currently enjoyed in Seattle and Austin.
UALR Master of Public Administration Program Page 22
3.3 Food Truck Courts
Food truck courts are a popular attraction in many cities as mobile food vending
becomes a novel and celebrated venture across the county. A concentration of mobile
food vendors in one location typically brings energy to an area and spurs interest in
different areas of town. Food truck courts increase attention and foot traffic, thus
can draw attention to areas or communities attempting to raise their visibility. The
regular gathering of food trucks at events like “University Market at 4Corners” in
southwest Little Rock and Main Street’s “Food Truck Fridays” in downtown Little Rock
are proving to be boons to these areas, which draw visitors who may otherwise not
frequent these locations. These events introduce these areas to citizens in an effort
to promote positive images and impressions for the area among these visitors.
Food truck courts are distinguished by the
organizers’ ability to supply fixed seating,
stand-up counters, signs and other
temporary arrangements not permitted in
the ordinance. Currently, to petition for a
food truck court, organizers must endure an
ordeal; they first must submit a waiver or
variance to the city Planning Commission (in
the form of a Planned Zoning Development
request) and, upon review, undergo a public
comment period. The request is ultimately
approved or declined by the City Board of
Directors. This is a rather lengthy and
laborious process laden with many pitfalls
and delays and thus, discourages organizers from applying for permission. The process
suppresses many such efforts that can provide net benefits – financial and
reputational – for the city.
A future consideration to initiate the use of food courts across Little Rock involves the
creation of a streamlined application process that parallels current policy and keeps
pace with the rapidly developing mobile food sector. In a new process, instead of
submitting requests to the Planning Commission that must progress to the City Board
of Directors, city administrators can review and approve or decline food truck court
requests. Redirecting decision making responsibility to city staff simplifies the
procedure, provides a less daunting process, and relieves the Board of Directors of
spending time on such trivial matters. The new process may also encourage the
creation of private-public partnerships as well as strengthen established relationships
Seattle . . . Food Truck Courts Seattle empowers the city director of transportation to designate areas as temporary food vending zones for the duration of four days at the request of vendors or business owners. The director can set hours of operation and order repairs and improvements to the temporary zones in the public right-of-way. This authority vested in the director of transportation provides a great degree of flexibility in managing mobile food vendor locations for
special events and festivals.
UALR Master of Public Administration Program Page 23
between the City of Little Rock and the food truck court organizers, all of whom are
working to make positive investments in the community.
3.4 GPS Tracking of Mobile Food Vendors
Cities such as Boston and Hoboken require mobile food vendors to purchase and install
a GPS device on their vehicles. Among other reasons, vendors equipped with GPS
tracking devices enable parking officials to monitor mobile food vendors and confirm
vendors are operating in specified zones, thus complying with the local ordinance.
The GPS mandate assists cities enforcing very specific rules directed at mobile food
vendors. For example, Sacramento requires mobile food vendors to constantly change
location. The GPS device is what allows Sacramento to confirm vendors are in
compliance. Chicago has a similar requirement in its ordinance; it includes a 200-foot
restriction from any fixed business that serves food. To enforce this rule, the city
mandates food trucks install GPS tracking devices to monitor vendors’ positions. If a
mobile food vendor is found operating less than 200 feet from a fixed business serving
food, the vendor is fined accordingly for the violation.
Requiring mobile food vendors to be equipped with a GPS tracking system benefits
consumers as well. Consumers can locate their
favorite mobile food vendors quickly by
searching the latest GPS data (provided through
various methods, e.g., on the web, on a mobile
phone app, etc.). Some cities, like Boston,
promote websites that account for the locations
of all mobile food vendors based on their GPS
position. These websites help both the
consumer and the vendor; vendors increase
their visibility and consumers can find places to
dine. Another benefit of these tracking systems
is in providing public officials an efficient
means for verifying if a vendor is in a legal
location, as well as by health departments for
coordinating regular inspections; both these options pose cost saving for these
agencies by preventing unwanted or unnecessary trips and more efficient planning
when visits are required.
While requiring mobile food vendors to report their location can increase
transparency and allow public officials to track vendors, these devices are criticized
as well. The most obvious complaints involving these devices are the costs of
GPS Technology . . . A powerful tool in tracking compliance? With the expected growth in the mobile food sector coupled with stricter government rules regulating vendor operations, more GPS tracking requirements for food trucks are likely on the horizon. In Sacramento, the city requires mobile food vendors to have a GPS system to ensure these vendors move their location as required. The GPS system helps the city in determining vendors’
compliance with the ordinance.
UALR Master of Public Administration Program Page 24
installation and maintenance. Another issue involves the food vendors’ privacy.
However, these devices are used in other areas, thus such issues are outweighed by
the opportunity to operate in a city.
Figure 1. Locations of Select Mobile Food Vendors in Little Rock
UALR Master of Public Administration Program Page 25
References
Section 1 – Features of Proposed Ordinance
1.1 Terms and definitions
Environmental Health Protection. Arkansas Department of Health, & Halverson, P. Arkansas Board of Health, (2012). Rules and regulations pertaining to food establishments. Retrieved from http://www.healthy.arkansas.gov/aboutadh/rulesregs/foodservice establishmentsnew.pdf. 1.2 Food safety Jones, A. personal interview, February 27, 2013.
Altekruse, S. F., Yang, S., Timbo, B. B., & Angulo, F. J. (1999). A multi-state survey of consumer food-handling and food-consumption practices. (1999). American Journal of Preventive Medicine, 16(3), 216-221. California Department of Public Health, (2012). California retail food code. Retrieved from: http://www.cdph.ca.gov/services/Documents/fdbRFC.pdf Environmental Health Protection. Arkansas Department of Health, & Halverson, P. Arkansas Board of Health, (2012). Rules and regulations pertaining to food establishments. Retrieved from http://www.healthy.arkansas.gov/aboutadh/rulesregs/foodservice establishmentsnew.pdf. Foodborne Illness 101. (2005). Restaurant Business, 104(15), 51.
M. Geller, personal interview, April 9, 2013.
Lues, J. F. R., Rasephei, M. R., Venter, P., & Theron, M. M. (2006). Assessing food safety and associated food handling practices in street food vending. International Journal of Environmental Health Research, 16(5), 319-328. Tester, J. M., Stevens, S. A., Yen, I. H., & Laraia, B. A. (2010). An analysis of public health policy and legal issues relevant to mobile food vending. American Journal of Public Health, 100(11), 2038-2046.
UALR Master of Public Administration Program Page 26
1.3 Permit and process. Environmental Health Protection. Arkansas Department of Health, & Halverson, P. Arkansas Board of Health, (2012). Rules and regulations pertaining to food establishments. Retrieved from http://www.healthy.arkansas.gov/aboutadh/rulesregs/foodservice establishmentsnew.pdf. 1.4 Zoning The City of Chicago. (2013). Mobile food vendor licenses. Retrieved from http://www.cityofchicago.org/city/en/depts/bacp/supp_info/mobile_food_vendorlicenses.html England, R. E., Pelissero, J. P., & Morgan, D. R. (2012). Managing Urban America (7th edition). Washington, D.C.: CQ Press. The City of Nashville. (2012). Ordinance no. bl2005-860.
Fleischmann, A. (1989). Politics, administration, and local land-use regulation: Analyzing zoning as a policy process. Public Administration Review, 49 (4), pp. 337-344. Hermosillo, J. A. (2012). LONCHERAS: A Look at the Stationary Food Trucks of Los Angeles (Doctoral dissertation, UNIVERSITY OF CALIFORNIA Los Angeles). Retrieved from http://164.67.121.27/files/UP/Loncheras.pdf Mikesell, J. L. (2011). Fiscal Administration: Analysis and application for the public sector (8th edition). Boston, MA: Wadsworth. Pogodzinski, J. M., & Sass, T. R. (1990). The economic theory of zoning: A critical review. Land Economics, Private Markets, Public Decisions: An Assessment of Local Land-Use Controls for the 1990s, 66(3) 294-314. City of Little Rock Department of Planning and Development, Zoning and Subdivision Division. (n.d.). Retrieved April 8, 2013, from http://littlerock.org/citydepartments/planninganddevelopment/divisions/zoning- subdivision/default.aspx
UALR Master of Public Administration Program Page 27
Section 2 – Economics of Mobile Food Operations 2.1 Economics Little Rock Advertising and Promotion Commission. (2013). Top Gross Receipts for Eating Establishments. Little Rock: City of Little Rock. Franco, C. (2012, October 31). Food truck v. restaurant: A sustained conflict. Arkansas Times. Retrieved from http://www.arktimes.com/arkansas/food-truck-v-restaurant/Content?oid=2511455 Food Trucks Drive Traffic to Malls. (2012). SCTWeek, 17(25), 3.
Howell, A. M. (2011). Food trucks as urban revitalization catalysts: Microenterprise, interim land use and the food economy. The University of Texas at Austin. Retrieved from http://repositories.lib.utexas.edu/handle/2152/11902?show=full Riell, H. (n.d.) “Why do Restaurants Fail?” Restaurant Startup and Growth Magazine. Retrieved from http://www.rsgmag.com/public/135.cfm Parsa, H. G., J. T. Self, D. Njite, and T. King. (2005). Why restaurants fail. Cornell Hotel and Restaurant Administration Quarterly, 46, 304-22 U.S. Census Bureau. (2007). NAICS 722330 Full-service restaurants. Retrieved from http://www.census.gov/econ/industry/hist/h722110.htm U.S. Census Bureau. (2007). NAICS 722330 Mobile food services. Retrieved from http://www.census.gov/econ/industry/hist/h722330.htm Section 3- Future Considerations 3.1 Healthy Vending Lues, J. F. R., Rasephei, M. R., Venter, P., & Theron, M. M. (2006). Assessing food safety and associated food handling practices in street food vending. International Journal of Environmental Health Research, 16(5), 319-328. Morales, A., & Kettles, G. (2009). Healthy food outside: Farmers’ markets, taco trucks, and sidewalk fruit vendors. Journal of Contemporary Health Law and Policy, 20(20), 20-48. Tester, J. M., Stevens, S. A., Yen, I. H., & Laraia, B. A. (2010). An analysis of public health policy and legal issues relevant to mobile food vending. American Journal of Public Health, 100(11) 2038-2046.
UALR Master of Public Administration Program Page 28
3.2 Public Right-of-way and Franchising Zadeh, A. F., & A.B., S. (2010). Dynamic street environment. Local Environment, 15(5), 433-452. City of Little Rock Department of Public Works. (2013). Retrieved April 10, 2013, from http://www.littlerock.org/!userfiles/editor/docs/franchiseagreement.doc
3.3 Food Truck Courts
Food trucks drive traffic to malls. (2012). SCTWeek, 17(25) 3.
Knable, K. (2012, April 30). Mosaic Church to Develop Food Truck Court Further. Arkansas Business. Retrieved from http://www.arkansasbusiness.com/article/32294/mosaic-church-to-develop-food-truck-court-further Main Street Food Truck Fridays. (n.d.) Retrieved April 8, 2013 from http://downtownlr.com/index.php?fuseaction=p0006.view&mod=22&start=11&rec_id30 City of Little Rock Department of Planning and Development, Zoning and Subdivision Division. (n.d.). Retrieved April 8, 2013, from http://littlerock.org/citydepartments/planninganddevelopment/divisions/zoning-subdivision/default.aspx 3.4 GPS Tracking Kregor, B. (Performer) (2012). My street eats: Free Chicago’s mobile vendors [Web] Retrieved from http://ij.org/mystreetsmyeats Live View GPS (2012, April 5). [Web log message]. Retrieved from http://www.liveviewgps.com/blog/gpsenabled-food-trucks/
UALR Master of Public Administration Program Page 29
City Ordinances Consulted Austin City Code. (2013). Chapter 10-3. Food and Food Handlers. Retrieved from http://www.amlegal.com/nxt/gateway.dll/Texas/austin/title10publichealthservicesandsanitation/chapter10-3foodandfoodhandlers?f=templates$fn=default.htm $3.0$vid=amlegal:austin_tx City of Boston. (2011). An Ordinance Promoting Economic Development and the Food Truck Industry in the City of Boston. Retrieved from http://www.cityofboston.gov/Images_Documents/Ordinance%20Promoting%20Economic%20Development%20and%20the%20Food%20Truck%20Industry%20in%20Boston_tcm3-25610.pdf City of Dallas. (2011). Chapter 17 of the Dallas City Code. Retrieved from http://www.dallascityhall.com/council_briefings/agendas/agendas_1111/FinalAddendum_11072011.pdf City of Houston. (2011). Code of ordinances, chapter 20: Food and Drugs. Article II food establishments generally. Retrieved from http://library.municode.com/index.aspx?clientId=10123
City of Las Vegas. (2013). Business taxes, licenses and regulations. Chapter 6.55, Mobile food vendors. Retrieved from http://library.municode.com/index.aspx?clientId=14787 City of Memphis. (2013). Ordinance to Amend Chapter 16, Article V, of the City of Memphis, Code of Ordinances, so as to Allow Self-Contained Mobile Food Preparation Vehicles to Operate in the City of Memphis. Retrieved from http://www.memphistn.gov/Portals/0/pdf_forms/ordinances/5394_FoodTruckOrdinance.pdf City of Miami (2013). Proposed ordinance establishing mobile food services operation special event (MOFSE) City of Portland. (2012). Pushcart regulations. Retrieved from http://www.portlandmaine.gov/voter/pushreg.pdf City of San Antonio. (2013). Part II code, Chapter 13: Food and food handlers, Article IV. Mobile food courts and mobile food establishments. Retrieved from http://library.municode.com/index.aspx?clientId=11508 City of Seattle. (2013). Vending. Seattle, Washington, Municipal Code. Retrieved from http://library.municode.com/HTML/13857/level3/TIT15STSIUS_SUBTITLE _ISTUSOR_CH15.17VE.html#TIT15STSIUS_SUBTITLE_ISTUSOR_CH15.17VE_15.17.130MOODVEPUPL#TOPTITLE#TOPTITLE.
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Kansas City. (2013). Part II- Code of ordinances. Chapter 50: Offenses and Miscellanies provisions. Retrieved from http://library.municode.com/ index.aspx?clientId=10156
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