Village board approves food truck ordinance

The Mount Horeb Village Board has approved a new ordinance to govern the use of mobile food trucks in the community. The fees and regulations approved by the board last week are in addition to fees, regulations and licenses food truck vendors must already obtain from both the county and state. 

The annual fee to do business in the village will be $500. 

“This may not be an issue at all, but we do need to pass something,” said village president Randy Littel, pointing out that local government did not previously have any rules on the books. The ordinance, which was approved unanimously, defines mobile food trucks as “a motorized vehicle which may temporarily park in an area … and engage in the service, sale, or distribution of ready-to-eat food for individual portion service to the general public directly from the vehicle upon issuance of a Vendor Vehicle Permit by the Village Clerk and conformance with the regulations established by this Chapter.”

While she ultimately voted in favor of the ordinance, trustee Cathy Scott said she believed the fee could be prohibitive for some small business owners. 

“I think the fee of $500 is too high,” Scott said. She pointed out that any food truck in Mount Horeb will also have to pay for a permit from Dane County, and they also have to pay state fees as well. 

“I just think, I don’t know if it should be $250 or $200, but $500 seems really high and makes it seem almost like we don’t want food trucks, and I don’t see what’s wrong with food trucks,” she said. “I think they bring an excitement to a small community, people enjoy them, it’s not a permanent competition with a traditional restaurant, they can’t set up in front of a permanent restaurant, we are protecting them in that way, and I think we need to encourage them.”

Scott said fees in other communities range from $100 to $1,500. “They’re just all over the place,” she stated. 

Jessica Jackson, who runs a brick and mortar eatery in downtown Mount Horeb, said it is less expensive to run a food cart than a permanent restaurant. 

Several members of the board said they worried food carts would not bring in enough tax revenue for the village, and several said they worried about allowing carts that would compete with existing restaurants.

Food carts have traditionally been a way for entrepeanuers – particularly immigrants and those without access to the extensive capital needed to open a brick and mortar business – to make a living. 

“I guess when I saw the $500, I didn’t think it was that high because [food cart vendors do not pay traditional brick and mortar taxes],” said Trustee Beth Hill. 

Littel said it would be best for the village to remain “neutral” on the issue, but said food cart vendors might not have a “vested interest” in the community. 

“We set the $500 based on what Middleton had,” explained village administrator Nic Owen. “We wanted to be comparable to a similar community.” 

With no ordinance in place, a food truck could set up anywhere in Mount Horeb, as long as they were legally parked. 

“We just want to be proactive and put something into place,” Little said. 

“Like anything we do, we can amend this later if it isn’t working,” Owen added. 

Scott made a motion to accept the motion, as proposed by staff, despite the fact she thought $500 was overly high. She said the village should revisit it in a year, to find out if the fee had been prohibitive.

The ordinance means ice cream trucks will now also have to pay a $500 fee in order to do business in the village. 

The new ordinance is more than 2,000 words and covers various items related to traffics, food safety, inspections and other areas. Applicants must provide personal information for a background check, along with vehicle registration and the VIN number. 

“Upon receipt of a Vendor Vehicle Permit application the Village Clerk may conduct a background check and may refer to the Chief of Police or his or her designee who may complete an investigation of the statements made in the application,” it states. 

It goes on to require that all state, county, and Village of Mount Horeb permits must be “conspicuously displayed on the establishment while in operation.”

“No person shall park, stop, or operate a mobile food vehicle or pushcart, nor shall any Vendor Vehicle Permit allow any person to park, stop or operate a mobile food vehicle or pushcart in a location adjacent to or within a three-hundred foot radius of the nearest edge of any building or section of a building comprising a licensed food establishment, excluding any patio, awning, or temporary enclosure attached thereto, the kitchen of which is open for serving food to patrons,” the ordinance states. “This requirement may be waived if the most recent application for a Vendor Vehicle Permit was submitted together with the written consent of the proprietor of the adjacent licensed food establishment.”

The customer service area for mobile food vehicles will be on the side of the truck that faces a curb, lawn or sidewalk when parked. No food service may be provided on the driving lane side of the truck. 

No food can be prepared, sold or displayed outside of a mobile food vehicle. 

All vendors must maintain any legally-required distances from crosswalks, curb cuts, sidewalk benches, bike racks, bus shelters and stops and other obstructions. The vendor is required to set up the mobile food vehicle, arrange for waiting on customers and have customers line up in a way that avoids conflict between customers and the traveling public, including pedestrians, and parked and moving vehicles. A clearance of not less than five feet wide will be maintained on any public sidewalk upon which a pushcart is located. Mobile food vehicles are not permitted on public sidewalks. 

Mobile food vehicle or pushcart vending hours on public property and public rights-of-way are from 8 a.m. to 9 p.m. (Sunday through Thursday) and from 8 a.m. to 10 p.m. (Friday and Saturday). Mobile food vehicles must be closed, the area cleaned, and the mobile food vehicle removed by the time specified. Mobile food vehicle vending hours are not restricted on private property locations. 

The Police Department and/or the Public Services Department have the authority to remove or cause the removal of any vending equipment or merchandise found on the street, sidewalk, terrace, or other vending location in violation of any regulations established within this ordinance.