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Mobile Vending Ordinances. Alfonso Morales, PhD Assistant Professor, University of Wisconsin Urban and Regional Planning Gregg Kettles, JD Professor, Mississippi College School of Law Visiting Professor, Loyola Law School Los Angeles, 2008-2009 Creating Healthy Mobile Vending Policies - PowerPoint PPT Presentation
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Mobile Vending Ordinances
Alfonso Morales, PhDAssistant Professor, University of Wisconsin
Urban and Regional Planning
Gregg Kettles, JD Professor, Mississippi College School of Law
Visiting Professor, Loyola Law School Los Angeles, 2008-2009
Creating Healthy Mobile Vending PoliciesA Built Environment Technical Assistance call
Produced by Planning for Healthy PlacesOctober 14, 2008
Ordinances regarding:
1. Vendor Location
2. Kinds of Food Sold
Vendor Location
• Limits on city government: state law
Vendor Location
• Limits on city government: state law– Vehicle Code
Vendor Location
• Limits on city government: state law– Vehicle Code
• “for public safety”
Vendor Location
• Limits on city government: state law– Vehicle Code
• “for public safety”• “regulation” vs. “prohibition”
Vendor Location
• Limits on city government: state law
Vendor Location
• Limits city government: state law
• City rules on vendor location
Vendor Location
• Limits on city government: state law
• City rules on vendor location– where in the city?
Finely Slicedvs.
Generally Described
Finely Sliced
New York City Administrative Code, Title 17, § 17-315
Every food vendor is prohibited from vending . . .
on Lexington Avenue . . .
between East 40th to East 57th Street,
Monday through Saturday, 8 a.m. to 7 p.m.;
between East 58th to East 60th Street,
Monday through Saturday, 8 a.m. to 9 p.m.;
between East 61st to East 69th Street,
Monday through Saturday, 8 a.m. to 6 p.m.
Generally Described
“The permit operating area
must be within a
commercial zone.”
Portland (OR) Code § 17.26.050
Vendor Location
• Limits on city government: state law
• City rules on vendor location– where in the city?
Vendor Location
• Limits on city government: state law
• City rules on vendor location– where in the city?– where on the street?
Bright Line Rulesvs.
Flexible Standards
Bright Line Rules
Every food vendor is restricted to vending . . .
– So as to leave at least 12 feet of sidewalk width, when vending on the sidewalk
– At least 20 feet from the entrance to any building, store, theater, movie house, sports arena, or other place of public assembly
– At least 10 feet from any driveway, subway entrance/exit, or crosswalk at any intersection
New York City Administrative Code Title 17, § 17-315
Flexible Standards
No vendor shall “restrict or interfere with the ingress or egress of the abutting owner or tenant, or in such a way as would create or become a nuisance or hazard to public health, safety or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, or sanitation vehicles.”
Philadelphia Code § 9-206(9)(a)
Vendor Location
• Limits on city government: state law
• City rules on vendor location– where in the city?– where on the street?
Ordinances regarding:
1. Vendor Location
2. Kinds of Food Sold
Kinds of Food Sold
• Limits on city government: state food code
Kinds of Food Sold
• Limits on city government: state food code– Focus on food-borne illnesses
Kinds of Food Sold
• Limits on city government: state food code– Focus on food-borne illnesses– Make it difficult to sell some kinds of food
through mobile vending
Kinds of Food Sold
• Limits on city government: state food code– Focus on food-borne illnesses– Make it difficult to sell some kinds of food
through mobile vending
• City rules on kinds of food sold
Kinds of Food Sold
• Limits on city government: state food code– Focus on food-borne illnesses– Make it difficult to sell some kinds of food
through mobile vending
• City rules on kinds of food sold– Not common beyond state food code
Kinds of Food Sold
• Limits on city government: state food code– Focus on food-borne illnesses– Make it difficult to sell some kinds of food
through mobile vending
• City rules on kinds of food sold– Not common beyond state food code– Beware of veto by power by neighbor
Kinds of Food Sold
• Permitting and Licensing examples– Chicago
• Chicago Park District• Maxwell Street Market• Farmer’s markets
Kinds of Food Sold
• Madison, WI• Proliferation of licenses – promotes flexibility,
experimentation, and multiple users• http://www.cityofmadison.com/Business/
streetvending/applicationVendors.cfm
Talking to Planners about Healthy Food
• A “living” glossary found at:– http://polisci.wisc.edu/wiki/index.php?title=Mai
n_Page
• We would like your response on this with suggestions of terms to define RIGHT NOW, and terms to add to the list.
Talking to Planners about Healthy Food
• Other resources– APA Planning Advisory Service reports
• Integrating Planning and Public Health (PAS 539/540)
• PAS 554 A Planners Guide to Community and Regional Food Planning
• There is also our work on the web…
www.openair.org
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