City of Lake Ozark approves ordinance for food trucks
LAKE OZARK, Mo. (KY3/Edited News Release) - Food trucks will now be allowed to operate within the City of Lake Ozark.
The board of aldermen approved an ordinance at its regular meeting July 27 setting in place the rules by which food vehicles and food vendors can operate. The major consideration is that food trucks cannot operate within the city’s only C-1 District, which encompasses only The Strip from near Christ the King Lutheran Church to the end of the city limits near Bagnell Dam. Vendors would not be allowed on public property, such as sidewalks, easements, rights of way, but only on private property.
Other ordinance highlights include:
•Food trucks/vendors would be allowed in R-3 Multi-Family Dwelling District; C-2 General Commercial District; LMU-1 Lakefront Mixed Use District; M-1 Light Industrial District – but not the C-1 District (The Strip).
•A mobile food vehicle is a licensed, motorized vehicle (aka food truck) that includes a self-contained or attached trailer kitchen in which food is prepared, processed, or stored and the vehicle is used to sell and dispense food to the public.
•Mobile food vending activity and the locations are to be temporary and cannot be at any one location for more than 12 hours in any 24-hour period unless it as part of a special event.
•A mobile food vendor must have a current copy of its sales tax certificate, property use consent letter, the name of the vendor and length of the permit.
•A food vendor must provide health department compliance and inspection reports, vehicle registration, a copy of the required city, county and state business licenses, and insurance and a food liability policy with $1 million limits.
•A food vendor must provide a sanitation plan approved by the city’s public works director; must provide trash and recycling containers and keep the area within 25 feet of their food vending equipment cleared of trash.
•A food vendor cannot have more than one 24x36 inch sign that is not physically attached to the food vending equipment.
The path to final approval has included considerable discussion by the Planning and Zoning Commission, and by the board of aldermen at regular board meetings and a special workshop. The focus by the board and staff has been protecting existing brick and mortar food businesses on The Strip while encouraging new business within the city.
The only significant change from the original ordinance first considered in May involves food trucks/vendors participating during a special event. Those types of vendors can operate at city-authorized special events if the mobile unit is located totally within the property owned, occupied, or leased by the operators of the special event. It would be the responsibility of the official event organizer to recruit, monitor and control vendors present within its event space.
Two individuals representing two Lake Ozark businesses spoke in favor of food trucks as they intend to allow those types of food services on their property.
The board did vote to amend the proposed ordinance to reduce one distance regulation for food trucks from 500 feet to 300 feet of any licensed special event without the consent of the holder of the special event permit
City Attorney Chris Rohrer said he learned at a recent Missouri Municipal League conference that there have been a number of court cases dealing with the validity of food truck ordinances especially in regard to distances. He said he wanted to make the board aware that 300 feet might be more palatable to the court if there is ever any litigation regarding the ordinance.
In addition, a mobile food vendor cannot operate within 150 feet of the main entrance to any licensed business that sells food and/or beverages to the public.
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