GENTRY -- A new ordinance, adopted by the Gentry City Council on its first reading Feb. 2, would provide the basic requirements for mobile food vendors within Gentry's city limits. But council members agreed that rules and regulations will also need to be adopted to accompany the new ordinance when and if it becomes law.
The proposed ordinance, which came recommended by the city's planning and zoning commission after several months of study and consideration, would issue a limited number of permits for mobile food vendors wishing to operate on public property at special events within the city or for non-event operation, as well as for operation on private property. The ordinance would require all mobile food vendors to provide a copy of a valid permit to operate a retail food establishment issued by the Arkansas State Board of Health. Also required of all mobile vendors would be a trash receptacle and a legal way to dispose of all waste without using public trash receptacles.
In addition, all mobile food vendors would be required to have a city business license to operate within the city limits.
Event permits, at an annual cost of $50, would be required for event operation on public property and for non-event operation on private property. Temporary permits issued for operation on public property on a per-day basis would be $3 per day, with applicants allowed to pre-purchase up to 30 days of licensing. Permits would be issued on a first-come, first-served basis; so, unless no one else applied for a permit for the location, a single vendor would not be able to operate at the same publicly-owned location on a permanent basis. The $50 annual fee would not be charged for the day permits.
Existing zoning requirements would not allow mobile food vendors to operate in areas not zoned for business, except in the case of an exemption approved by the planning and zoning commission. Public locations available for mobile vendors would be determined by the city.
The city council's committee for economic development -- which is considering broadening its scope to being a committee for community development -- met Thursday to discuss the proposed ordinance. Also in attendance were Bev Saunders, executive director of the Gentry Chamber of Commerce; Mike Parks and Jim Kooistra, planning commission members; Kevin Johnston, Gentry's mayor; Tonya Carney, Gentry's finance director; Mark Smithson, the city's animal and code enforcement officer; and David McNair, the city's building inspector.
Concerns about the ordinance were raised by Saunders, saying she feared the ordinance would not be good for Gentry because mobile vendors might hurt the business of restaurants with permanent locations in the city. Also of concern was the addition of requirements for vendors for special events in the city park.
Johnston said it shouldn't be the city's job to control the market or regulate to protect businesses from competition. He also brought up the possibility of a blacklist of the ordinance's requirements for certain events like those sponsored by the Chamber of Commerce and the United Way.
Mike Parks explained that the current arrangements for bringing in food vendors for events was not really allowed by existing city ordinance and the recommended ordinance would fix that.
Citing examples from other municipalities, Janie Parks said restaurants usually see improved business when there are many food-serving establishments in the same area, giving customers a choice.
Councilmen Jason Barrett and James Furgason expressed concern over many specifics not written into the ordinance, but Kooistra explained the omission was intentional to allow the city to establish the rules it needed without needing to rewrite the ordinance every time a change was needed.
"That's the beauty of the ordinance," Kooistra explained, adding that Jay Williams, the city's attorney, did a great job of writing the ordinance to cover the basics and allow the city to establish rules and specify the number of permits and locations as needed.
Also discussed were ways to implement the ordinance and make it possible for those conducting estate sales, yard sales and auctions to legally bring in a food vendor to those events.
At the close of Thursday's meeting, all in attendance at the meeting voiced agreement the ordinance was needed to allow mobile food vendors to do business in Gentry, but all also agreed rules needed to be formulated and in place before the ordinance becomes law -- which could be as early as May if approved in March and April on its second and third readings.
Carney said she would compile concerns about the ordinance and rule suggestions over the next few days, asking those at the meeting to email their concerns and suggestions to her. The committee plans to meet again, once those suggestions are compiled to begin working on rules to go with the ordinance if it is passed.
General News on 02/11/2015