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