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File #: 20-29    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 2/21/2020 In control: City Council
On agenda: 3/31/2020 Final action: 3/31/2020
Title: AN ORDINANCE AMENDING SECTION 874.04 OF CHAPTER 874, "MOBILE FOOD VEHICLES," OF THE BUSINESS REGULATION CODE REGARDING THE LOCATION OF OPERATION FOR MOBILE FOOD VEHICLES; AND DECLARING AN EMERGENCY. Brief Description: This Ordinance amends the City's Business Regulation Code to allow licensed mobile food vehicles to operate within 500-feet of a brick and mortar restaurant when the licensed mobile food vehicle is part of an approved temporary special event pursuant to Chapter 872.
Sponsors: Craig Shubert
Indexes: General Government
Attachments: 1. Hyperlink - Code Chapter 874, Mobile Food Vehicles, 2. Hyperlink - Code Chapter 872, Temporary Special Events, 3. Draft Ordinance, 4. Proposed Amendment by S. Sutton (redline), 5. Ordinance No. 20-29 (as introduced), 6. Ordinance No. 20-29 Ord (As Amended 3-31-20)
Related files: 19-182

Title

AN ORDINANCE AMENDING SECTION 874.04 OF CHAPTER 874, “MOBILE FOOD VEHICLES,” OF THE BUSINESS REGULATION CODE REGARDING THE LOCATION OF OPERATION FOR MOBILE FOOD VEHICLES; AND DECLARING AN EMERGENCY.

Brief Description:  This Ordinance amends the City’s Business Regulation Code to allow licensed mobile food vehicles to operate within 500-feet of a brick and mortar restaurant when the licensed mobile food vehicle is part of an approved temporary special event pursuant to Chapter 872.

Body

Legislative History

Resolution No. 19-182, establishing a temporary (90-day) moratorium on enforcement of Section 874.04 (b) of the Business Regulation Code related to location for operation of Mobile Food Vehicles; passed December 10, 2019.

Purpose & Explanation

Currently, the City’s Business Regulations prohibit a mobile food vehicle from operating within 500 feet of a brick and mortar restaurant even when the mobile food vehicle is operating as a part of a previously approved temporary special event.  The proposed legislation seeks to carve out an exception to the 500-foot ban and allow mobile food vehicles that are a part of a previously approved temporary special event to operate within 500 feet of a brick and mortar restaurant.

Legal Authority for Proposed Legislation

Pursuant to Charter Section 6.04, Contracts & Purchasing:

                       Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])

                       Joint or Cooperative Purchase Program

                       Professional Services

  X                       Other - not applicable

Fiscal Impact

                       Currently Budgeted (Account #, $)

                       Supplemental Appropriation Required (Account #, $)

  X                       Appropriation Not Required

Does this legislation require use of an emergency clause?

  X                       Yes,  emergency language is requested, so that the regulations may be updated prior to the expiration of the moratorium.

                       No

Recommendation

Suggested Action

Staff recommends passage of this Ordinance. 

Submitted by,

Jane Howington, City Manager

Matthew Vazzana, City Solicitor