MOUNT VERNON — Although no legislation is on the table, Mount Vernon City Council members discussed possible food truck regulations at their Oct. 9 meeting.
Councilman Mike Hillier said the topic came up because local restaurant owners asked questions about whether food truck vendors pay income tax and are required to have a license.
Additionally, they question whether food trucks are allowed to be wherever they want to be. Hillier said one problem is the proximity of the trucks to established restaurants.
“I know we have local businesses that have food trucks as well,” he said, citing Honey Buckets as an example. “A lot of times it’s on his site; sometimes he takes it somewhere else.
“How do we want to control that? Do we want to control it?” Hillier asked.
He also referenced a food truck that sat in front of 117 E. High St. during the summer.
“I didn’t think that looked real pretty,” he said. “I didn’t think that’s something we wanted to do in the city on one of our main streets.”
Hillier said the intent is not to target food trucks participating in organized events such as the recent food truck rally on Public Square. Organized events get a permit from the city, and the health department checks vendors’ licenses and other compliance areas.
He does believe there should be some sort of enforcement to ensure food truck vendors pay income tax, just like brick-and-mortar establishments.
“I think it’s something we need to talk more about and maybe do something about,” he said.
Enforcement
Law Director Rob Broeren said food trucks must obtain a peddler’s license through the safety-service director’s office. Vendors must also have a county health department inspection, whether it is Knox County or another county.
Council member Amber Keener said trucks must also have a fire department inspection.
Broeren noted trucks cannot set up in residential zones.
“Zoning rules where they can set up, and we have in fact moved several because of the zoning rules in the last 18 months,” he said.
As to ensuring that licenses and inspections are in place, Broeren said, “We don’t have any sort of professional license bureau. It’s one of those things that has been delegated to the safety-service director, and I believe it’s something that we catch as catch can.”
Regarding food trucks that drive into town and set up anywhere, Hillier said, “I’m not sure much is being done.”
“I can tell you that we’re not going out to food truck after food truck asking them what’s going on,” Mayor Matt Starr said. “That’s just not one of those priority things.”
Hillier said Granville requires a $200 fee which the city could use to offset enforcement costs, whether city employees provide enforcement or the city contracts it out.
Granville enforces its regulations through its property maintenance enforcement officer.
Hillier noted that another provision in Granville’s regulations requires the property owner’s consent for a food truck to be on the premises.
Referencing food trucks on Kroger’s lot, Hillier said, “I doubt Kroger even knows they pull in. So [consent] would be part of it as well. That might help control this.
“I’m not saying get rid of food trucks, but everybody has rules to follow. And that should be one of them.”
Council’s comments
“We want to be fair to the brick-and-mortar restaurants in town,” Council President Bruce Hawkins said. “I don’t think we can stop [food trucks] if they meet all of the requirements, but we ought to be fair to the people who are abiding by the rules.”
Councilman James Mahan said there are a lot of things to think about.
“I certainly don’t want to have an unfair competitive advantage against people who put up brick and mortar, but on the other hand, food trucks have in some ways been an answer to some of our problems,” he said. “During COVID, people invited food trucks in because that was a good solution to a problem.”
Additionally, he noted that food trucks in the industrial park and at Mount Vernon Nazarene University provide a service. Food trucks provide a solution in the industrial park when time constraints hamper employees from getting into town for meals or for those working the second or third shift.
“I really want to be careful that we don’t put extra license fees or onerous fees on businesses who are serving our public and helping us solve some problems,” he said.
Hawkins noted that if council passes any legislation, the city must be able to enforce it.
“There’s no sense in having legislation we can’t do anything about,” he said.
Council members plan to continue the discussion in a committee meeting on Oct. 23.