The new food truck ordinance is insanely stupid!

Official press release from the mayor's office:

Mayor Fischer Rolls Out New Food Truck Regulations
That Cut Red Tape, Help Small Business Owners
Increased popularity in food trucks drives changes
LOUISVILLE (Oct. 19, 2011) – With the increased popularity of food trucks and recognizing the vibrant street life they bring with them, Mayor Fischer and the Metro Council have revised several regulatory rules, making it easier for the small businesses to operate.
A new section was added to the existing Vendors, Peddlers, and Solicitors ordinance, to address mobile food units (i.e., food trucks), which was sponsored by Councilwoman Madonna Flood. Mobile food units are just one of four different street vendors regulated by Louisville Metro. The changes went into effect October 14.
“Food trucks add a new element of energy on the street and we needed to relax the regulations to encourage more of them,” said Fischer. “This is a win-win for the community and for these budding entrepreneurs.”
Prior to the ordinance addition, food truck owners found it very difficult, and sometimes cost prohibitive, to navigate and satisfy state and local regulations through the Departments of Health and Inspections, Permits and Licenses, as well as find locations that met the letter of the law.
With the changes in place, food trucks can now legally exist, owners need secure only one permit per vehicle, rather than one permit per location, and buffer zones were reduced by half – to 200 feet from residentially zoned properties, and to 150 feet from bricks and mortar establishments with similar products.
Councilwoman Flood added that “these changes will preserve public safety concerns and also allow these food trucks to conduct business in a less costly and more efficient manner.”
A new service for the mobile food unit owners has been added to the Louisville website, which is a one-stop shop for all changes, regulatory standards and requirements, and fee information. Go to www.louisvilleky.gov/business/foodtrucks.

Now the requirements for a mobile food unit:

Process for Applying & Obtaining Permits

Choose a link to jump to that section:

Step 1: Register your business with the Commonwealth of Kentucky and Louisville/Jefferson County.

Step 2: Understand federal, state and local requirements for operating a mobile food business.

Step 3: Ensure your employees, equipment and locations meet all state and local requirements.

Step 4: Prepare all the documentation needed to submit with applications for permits.

Step 5: Apply for a Mobile Food Unit Permit

Step 6: Apply for Vendor IDs

Step 7: Apply for Vendor Permit (including location)

Step 8: Request special permission to vend at Waterfront Park or at a Metro Park


Step 1

Register your business with the Commonwealth of Kentucky and Louisville/Jefferson County.


Step 2

Understand federal, state and local requirements for operating a mobile food business.


Here is a brief description of the organizations involved and their role. A link is provided at the end to all official information and documentation.

The Commonwealth of Kentucky’s Cabinet for Health and Family Services Department of Public Health governs food establishments throughout the state. The state regulates food establishments, including food trucks, based on the Kentucky State Food Code and the Kentucky Food, Drug and Cosmetic Act.

This cabinet also governs the KY state plumbing code; which pertains to, and places requirements upon, mobile food units.
Louisville Metro Department of Public Health & Wellness| Division of Environmental Health administers the above-mentioned state food hygiene regulations by processing applications for health-related permits and performing inspections.
Louisville Metro Department of Codes and Regulations| Inspections, Permits & Licenses authorizes businesses to operate by processing applications for Vendor Permits and Vendor IDs. These permits authorize mobile food service operators and employees to vend (cook and sell food) at compliant locations throughout Jefferson County.
Louisville/Jefferson County Metro Government Code of Ordinances governs all street vendor rules and regulations throughout Jefferson County. The ordinance provides potential and current owners/operators of mobile food units with details about the operational considerations of granting permits, required conduct and other critical information.
Limits, restrictions and requirements exist for allowable locations:
See Mobile Food Unit Vendor Standards (pdf file)
See Vendors & Peddlers Ordinance (pdf file)
Louisville Metro Parks approves and administers permits for operating mobile food units within Metro Parks.
Waterfront Development Corporation approves and administers permits for operating mobile food units within Waterfront Park.
PARC approves and administers permits for operating mobile food units within public off-street (garages and lots) and on-street (meters) parking locations.
All federal, state and local requirements are accessible on our Official Federal, State and Local Requirements webpage.


Step 3

Ensure your employees, equipment and locations meet all state and local requirements.

Employees must have a valid Vendor ID (PDF).
Owners and employees must be at least 18 years old;
Must not have a criminal history within the last 10 years; and
Must have acceptable driving record in any state resided in for the past 10 years.
Equipment required:
3 – compartment sink
Hand sink(s) accessible to wash work station
Hot and cold water under pressure
Waste-tank 50% or larger than the fresh water tank
Screening or air curtains to prevent entrance of flying insects
Refrigeration unit (s) registering 41°F or below
Sanitizer- Bleach water should equal 50-200ppm, QUAT water should equal 200-400 ppm
Proper test strips to test sanitizer residual
Hair restraints
Metal stem thermometer to check internal temperature of food
Thermometer in each refrigerated unit, cooler included.
All vehicles, trailers, carts, etc. must be equipped with at least one 2A-40 BC fire extinguisher.
Mobile Food Units must pass inspection by a Kentucky-certified master plumber. Search online. Check for state license by name or license number.
Locations must meet the following criteria:

Limits, restrictions and requirements exist for allowable locations:
See Mobile Food Unit Vendor Standards (pdf file)
See Vendors & Peddlers Ordinance (pdf file)
Vendor licenses and permits cannot be issued for any location on residential or office residential zoned properties, or on other properties within 150’ of property zoned residential or office residential.
Vendor licenses and permits cannot be issued for any location within 150’ of the entrance to any business which is open for business and features similar products for sale.
All vehicles, trailers, carts, etc. must be at least 20’ away from any building or structure, and at least 50’ away from any flammable combustible liquid or gas storage.
Vendor licenses and permits cannot be issued within 100’ of a Louisville Metro permitted community fair without written permission of the event organizers.
Vehicles, trailers, carts, etc. must be located at least 20’ away from any intersection or driveway.
Vendor licenses and permits cannot be issued within 100’ of any school grounds, on sidewalks less than 10’ in width, within 50’ of any entranceway or exit way of any driveway or emergency room of any hospital, within 10’ of any fire hydrant, fire escape or within 25’ of any other vendor location.
Vendor licenses and permits cannot be issued for 4th Street between Liberty Street and Chestnut Street.
Locations must be authorized by property owners for both public and private.
PARC approves and administers permits for operating mobile food units within public off-street (garages and lots) and on-street (meters) parking locations.
Locations within Waterfront Park are selected and approved by Waterfront Development Authority.
Locations within Louisville Metro Parks are selected and approved by Metro Parks.
Back to top

Step 4

Obtain and prepare all the documentation needed to submit with applications.

Quick List of Items to Prepare

Proof of business registration and tax id.
Valid government-issued personal identification for each employee.
Statewide Criminal histories (background checks) for the past 10 years for each employee.
Equipment and Vehicle information such as make, model and dimensions.
Vehicle Insurance information
Equipment list. Equipment must also be labeled on submitted floor plan.
Floor plan layout, mechanical schematics, construction materials and finish schedules. Click here for a Mobile Food Unit Sample Floor Plan (PDF).
Isometric drawings - riser diagram (PDF) Must be prepared by a Ky certified master plumber.
Dimensions and color photographs (front, both sides, rear) of the dispensing unit or vehicle.
Site utility plan - Scale drawings of the property or properties; and property details.
Specific descriptions and drawings for each unit and for each permitted location.
Notarized, written authorization from property owners to conduct business at the specified location(s).
Menu
Hours of operation
Consult application form instructions for a formal list of requirements and instructions.

Back to top

Step 5

Apply for Mobile Food Unit Permit

Mobile Food Unit permits are issued to mobile food unit vendors after proper review and inspection. Permits must be displayed on the mobile unit.
Complete the Plan Review Checklist and Supplemental Information Sheet for Mobile Food Units (PDF) form first. Submit it with the Plan Application Form. (PDF)
Fill out the Plan Application Form (PDF). This is a state-issued form used for multiple types of food establishments, including buildings. Note that Food Unit owners are not required to fill out sections relevant to buildings.
Mobile Food Unit vendors must submit four (4) complete sets of plans.

A complete set will contain:
One copy of the Plan Application Form (PDF).
Equipment list. Equipment must also be labeled on submitted floor plan
Floor plan layout, mechanical schematics, construction materials and finish schedules. Click here for a Mobile Food Unit Sample Floor Plan (PDF).
Isometric drawings - riser diagram (PDF) must be completed by a Ky certified master plumber
Dimensions and color photographs (front, both sides, rear) of the dispensing unit or vehicle
Site utility plan - Scale drawings of the property or properties; and property details
Specific descriptions and drawings for each unit and for each permitted location
Back to top


Step 6
Apply for Vendor ID (s) (PDF)

The Vendor ID is a photo ID card that is required for all individuals vending food from the mobile food unit.

Employers must fill out and authorize the "Intent to Lease/Hire" portion of the Application for Vendor ID.
Employees must complete the Applicant Information section of the Vendor ID Application and sign/authorize.
Employees must submit the application in person at 444 South Fifth Street and;
must have a valid government issued photo ID and;
must provide a criminal history report from any states lived in for the past ten years.
An application fee of $50 is required at the time of submission and is valid from April 1 - March 31 annually. Fees are not pro-rated.
The Vendor ID must be worn and viewable by employees while vending.
Back to top

Step 7
Apply for a Vendor Permit (PDF)


A Vendor Permit authorizes Mobile Food Unit Vendors, among others, to engage in business or operate within Louisville Metro. It is a laminated certificate that must be displayed on the mobile food unit.

When filling out the application for a Vendor Permit (PDF) check the box labeled "Mobile Food Unit Vendor".
Food Trucks may submit more than one vending location for approval. Make sure to provide an attached list of the desired vending locations. (link to location restrictions)
A notarized written authorization from both private and public property owners to conduct the applicant's business at the property/propeties must accompany the application.
The completed application for a Vendor Permit (PDF) must be submitted along with:
Proof of registration with the Louisville Metro Revenue Commission
Proof of registration with the Kentucky State Revenue Commission
Proof of registration with the Kentucky Secretary of State
Proof of registration with the Jefferson County Clerk’s Office, Deeds and Records
Proof of Mobile Food Unit Permit from the Louisville Metro Health and Wellness Department
Photographs and dimensions of cart, trailer, vehicle, etc. to be used
Scale drawing of requested location including cart, trailer, vehicle, etc.
A statewide criminal history from any state resided in for the past 10 years
A driving record from any state resided in for the past 5 years
A notarized statement of authorization from the property owner(s) of intended location(s); if private property, the actual owner, if public property, Public Works
Proof of insurance
A valid government issued identification or operator’s license
The vehicle registration number, description and identification number for any vehicle to be used
An application fee of $200 is required at the time of submission and is valid from April 1 - March 31 annually. Fees are not pro-rated. The Vendor Permit will be sent to the business address via US Mail.

Back to top

Step 8
Request permisssion to vend at Waterfront Park or a Metro Park

The Waterfront Park vending season is from May 1 through November 15. Vendor proposals will typically be reviewed in fall or winter. Those chosen will accept a license agreement that will define the vendor’s location, operating hours, menu, payment for vending license (which is 10 percent of gross), and require a cell phone.

In order to help the selected vendors become and remain successful, vendor sites in the park are extremely limited. Specific locations in the park are chosen by the Waterfront Development Corporation.

To be considered for Waterfront Park:

Submit a propropsal letter to the Waterfront Development Corporation.
A proposal letter must include the following:
Vending Station: Provide a picture of your cart, trailer, or other type of set-up, including signage.
Operating Hours: Indicate the weekday hours and weekend hours you will be open for business in Waterfront Park.
Menu: Provide a typical list of foods you will sell and the cost you will charge.
Proposals must include copies of valid Mobile Food Unit and Vendor Permits.
Locations within Louisville Metro Parks are selected and approved by Metro Parks. Download the Metro Parks Vending Permit Application (PDF).

Criminal background checks on all employees... no other restaurant around here is subject to something like this.

Still requiring the schematics of each location that we go to.

Cant be within 25 feet of another vendor operation. What about Food Truckus Ruckus?

I'm kind of in shock really... none of this was discussed at any of the meetings that food truckers were invited to. These went into effect 5 days ago.

...

I am dumbfounded.

Either the Mayor is ill-advised or uninformed, or worse, he's advised as to make it relatively impossible for food truck business to operate.

Whoever wrote those rules and regulations was thinking Cordish and certainly not thinking Local.

I am reminded of that scene in Animal House where they were having the hearing about the violation of the Super Double Secret Probation violations. There was a lot of coughing in the crowd and it sounded a lot like Horse Hockey. And, that folks is exactly what these regulations are, pure unadulterated Horse Hockey.

Time to find someone reasonable, intelligent and business friendly to run for Mayor in 2014. Fischer needs to be a one term mayor for Louisville's sake.

BUMPER STICKER TO FOLLOW Fischer One and Done.

Richard

Ok...so for the ADD amongst us and/or those who don't feel like wading through 20 paragraphs of guv'ment-speak-BS...What is the crux of the biscuit here ?

Vendor licenses and permits cannot be issued for any location on residential or office residential zoned properties, or on other properties within 150’ of property zoned residential or office residential.

Vendor licenses and permits cannot be issued for any location within 150’ of the entrance to any business which is open for business and features similar products for sale.

All vehicles, trailers, carts, etc. must be at least 20’ away from any building or structure, and at least 50’ away from any flammable combustible liquid or gas storage.

To me, that reads like the only place you can have a food truck is in the middle of a vacant lot. Plus all the other stupid hoops to jump through thanks to our fool of a mayor. For an ordinance to make food truckery easier, that many paragaraphs suggests that it's way harder.

Ok...so for the ADD amongst us and/or those who don't feel like wading through 20 paragraphs of guv'ment-speak-BS...What is the crux of the biscuit here ?

This and how does the new ordinance compare to the regs for brick and mortar restaurants?

A lot of the Step 7 stuff (criminal history, etc) is straight from the ice cream truck regs.

The more I read the worse it gets.

The government is only here to help.

I guess you could look at it another way; as soon as the foodtruck thing is gaining in popularity something bad, like listeria, or an outbreak in food poisoning happens, and they are all screwed. I would think anybody would be in favor of making what we eat safer even though I know that eating out of a beaten up old truck is probably not the smartest thing to do if you are worried about cleanliness.
As far as the criminal background check, is somebody really going to complain about that? I don't want John Wayne Gacy to be serving me food either .

[Robin Garr]

Let's cut to the chase: How does this compare to the rules in cities generally considered "food-truck friendly"? What does Portland do? It should be easy enough to get a copy of the Portland ordinance. Let's compare and contrast, and if Portland shows a different model, a better perspective, then the food truck community can go to Mayor Greg - with the media in tow - and say, "Look. This works. Why aren't we doing this?"

On the other hand, if Portland's scene is thriving with an ordinance that looks as insane as this one, that will tell you another story. Maybe not one you want to hear, but at least a message that it can be done.

Either way, start with Portland. It seems to be the model city for food trucks. (Or look at NYC, where it seems very unlikely that the bureaucracy is friendly, yet food trucks thrive. How do they do it? Payoffs?

I guess you could look at it another way; as soon as the foodtruck thing is gaining in popularity something bad, like listeria, or an outbreak in food poisoning happens, and they are all screwed. I would think anybody would be in favor of making what we eat safer even though I know that eating out of a beaten up old truck is probably not the smartest thing to do if you are worried about cleanliness.
As far as the criminal background check, is somebody really going to complain about that? I don't want John Wayne Gacy to be serving me food either .

Normal restaurants are inspected twice a year by the health department. I have been inspected 4 times in 6 months and never gotten less than a 94. How does a criminal record check stop listeria or food poisoning? There are convicted felons in kitchens all over town. This is concept discrimination and you are adding to it.

I am still digesting all of this.. a few things stand out initially as WTF.

The notarized letter part.

25' away from the nearest vendor. (See ya Food Truckus Ruckus)

Here is some info on Portland on food trucks. It's two paragraphs!

http://www.portlandonline.com/bds/index.cfm?c=49393&a=226801

Now, I would think there is more but this is my first look into the laws of of how Portland operates...

Here are some for vending carts (like Busta Grill) in Portland. The application for a permit (we have to do one of these here as well):

http://www.portlandonline.com/shared/cfm/image.cfm?id=57948

Here is the Louisville Metro Vendor app (I have to fill one of these out every year in addition to a vendor permit and a background check):

http://www.louisvilleky.gov/NR/rdonlyres/E8C973D9-BEB0-48A8-B952-F3642A4BF662/0/VendorApplication.pdf

The main difference? The app in Portland doesn't tell you what you can and cannot sell. Now, I don't want raw meat out there either but you can't sell flowers? You can sell flowers, umbrellas, and balloons in Portland without hardly any regulation. I can't sell doughnuts I make in my commissary? However, I believe that is KY state law not Metro. Still, it's antiquated and lacks ambition. It's boring and restrictive.

And here's one, for Portland, on vending on private property:

http://www.portlandonline.com/bds/index.cfm?a=154593&c=45053

You mean, in Portland, I can have a drive thru! YES! Here? LOLOLOLOLOL

Like I said I am still digesting all of this. Let me just say that if these laws make it to where I cannot work like I have been and it becomes more of an expense than it already is, I will probably look into moving or getting a job.. oh wait. I can't get a job. I have been laid off twice already and in the time before I bought my cart no one would even call me back for a job, nothing. THAT'S WHY I GOT INTO STREET VENDING IN THE FIRST PLACE.

But like I said, I have to get a handle on all this first before I know the real juice...

A lot of the Step 7 stuff (criminal history, etc) is straight from the ice cream truck regs.

To all Food Truck owners- I'm so sorry for your pain. Certainly doesn't sound like things were "simplified".

I was wondering about the criminal history stuff...So we took something intended to keep pedophiles away from children and applied it to Food Trucks??? Do the State Fair vendors have the same requirement?

Matt, does the line about permits not allowed for office complexes mean you don't need a permit to come to our office park- or that you can't come?

Deb

As far as the criminal background check, is somebody really going to complain about that? I don't want John Wayne Gacy to be serving me food either .

Tim,

I find that statement very offensive and the comparison extremely rude to the Food Truck owners that post on this site. People have criminal records for reasons that have nothing to do with other people's safety. And whatever happened to serving your time and paying your debt to society? A criminal record is irrelevant to food service, and it's patentedly unfair to enforce this on Food Trucks if there is no such rule for brick & mortar or other food businesses.

Deb