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No Longer Free

Food Truck Regulation Passes With Fee Extended To Charitable Food Trucks

The “Conduit in a Box” truck is pictured in Brooklyn Square. The truck provides a hot meal, coffee, hot cocoa and water for those who may be facing food insecurities or in need of support. P-J file photo by Christopher Blakeslee

Food trucks in Jamestown will have a new set of regulations soon – including those that give away food.

The ordinance was approved unanimously by the City Council this week, bringing to an end nearly four years of on-again, off-again discussions about how to regulate food trucks in Jamestown.

A city Development Department staff memo said the city is seeing more interest in food trucks this year, which prompted the department to seek approval of formal food truck rules. The city launched a food truck pilot program in 2020 during the COVID-19 pandemic, but there were few food trucks early on in the process despite the controversy over the program. Downtown restaurant owners fought the food truck pilot because they viewed the trucks as unfair competition.

Renewed interest in food trucks this year prompted Crystal Surdyk, city development director, to revisit the pilot program and ask the council to pass a permanent ordinance.

Food trucks, under the new proposal, would be allowed as long as they are more than 20 feet from an intersection and not violate city parking rules. Food trucks on private property would be limited to areas zoned industrial, commercial or institutional, though trucks could be allowed in residential areas if they have been invited by the property’s resident to serve food to the resident or guests.

Food trucks will be required to provide a garbage can for customers and pick up and remove all garbage from within 25 feet of the food truck’s location before it leaves. The ordinance presented to the council last week requires a county Health Department permit as well as the city permit.

The only change proposed by the council was by Councilman Jeff Russell, R-At Large, who proposed an amendment during Monday’s meeting that will require food trucks that give food away rather than charge for food to pay a fee as well. Many weekends, Conduit Ministries has a food truck in Brooklyn Square that gives away food as part of the church’s ministry to the homeless or those struggling to make ends meet.

“I also, Mr. President, want to bring a motion forward to amend Section 4, paragraph J, subsection 3 of this language,” Russell said. “The motion is to eliminate Number 3 under that section. Number 3 states fees are waived for food operators who are acting as distributors and not vendors. In other words everyone that has a mobile food truck would have to pay a fee.”

The amendment was approved unanimously, followed by the amended ordinance.

“Just a point of information, the county Health Department does the same thing,” said Councilman Brent Sheldon, R-Ward 1. They charge places that do not charge fees (for food).”

There is no fee yet included in the draft ordinance, with the city given authority to set an amount once the ordinance is approved. The city will be allowed to determine the average cost of an inspection and charge food truck owners for the inspections required under the ordinance.

There was no public comment on the food truck ordinance itself.

Starting at $3.50/week.

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