AGENDA ITEM #5A
October 6,2015
Action
MEMORANDUM
October 2, 2015
TO:
FROM:
SUBJECT:
County Council
Josh Hamlin, Legislative
I
Attorneh0c.~
r
Action: Bill 32-15, Vendors
"
Hours and Places of Operation
Planning, Housing and Economic Development Committee recommendation (3-0): Enact
Bill 32-15 with amendments
Bill 32-15, Vendors
Hours and Places of Operation, sponsored by Lead Sponsors
Councilmembers Riemer and Navarro, and Co-Sponsors Council Vice President Floreen, Council
President Leventhal, Councilmembers Katz, Rice and EIrich was introduced on June 16,2015. A
public hearing was held on July 14 and a Planning, Housing and Economic Development
Committee worksession was held on September 28.
Bill 32-15 would define "food service truck" and provide that vendors operating food service
trucks may conduct business from 5:00 a.m. to 10:00 p.m. Currently, food truck operators are
subject to the same allowed hours of operation as all other vendors under section 47-2(d):
Except for a prearranged appointment or with the Director's approval, a vendor
must not conduct business before 9 a.m. nor after sunset. In this Section, "sunsetn
means the time established by the U.S. Naval Observatory for Washington D.C.
and vicinity.
.
Background
The idea for this Bill originated in the Wheaton High School Innovation Lab, where
students learn project management skills via a curriculum developed by Chief Innovation Officer
Dan Hoffman, in partnership with MCPS. Students in the Innovation Lab select the projects they
work on with guidance from the Chief Innovation Officer and a co-teacher at Wheaton High
School, and use their skills to test out new ideas outside of the classroom.
In
the past, students
have worked on projects with social media start-ups and developed new curriculum.
In
this case,
they are addressing a challenge faced by small businesses - specifically food truck operators - in
the County. They have engaged with the Chambers of Commerce, food truck operators and the
Department of Permitting services to gather information and develop a solution that they feel will
allow food truck operators to better serve the growing market for their product.
 PDF to HTML - Convert PDF files to HTML files
The students recognized that the current law restricts food truck operators to serving only
lunch during the winter months, and largely precludes them from serving breakfast at all. They
also recognized that the reliance on "sunset" as limit on evening operation created some confusion.
To solve this problem, they recommended extending the operating hours for food trucks, both in
the morning and the evening, to the specific times of 5:00 a.m. and 10:00 p.m. respectively. The
solution embodied in this Bill was formulated by students based on their research and perspective,
and not at the request of any of the various parties with whom they have consulted.
This Bill will be part of a pilot program of a new Council open government initiative, in
partnership with the OpenGov Foundation.
1
As part of the Council's consideration of the Bill, it
will be posted on https:llmontgomerycountvmd.mymadison.io/ for review, comment and
suggested changes by members of the public. This tool expands upon other recent steps taken by
the Council to increase the amount of on-line information available to the public and increase
public awareness and participation in the legislative process. The Council will evaluate the
effectiveness the tool based on its experience with Bill 32-15.
Public
Hearing
and Correspondence
The Council held a public hearing on Bill 32-15 on July 14, at which there were five
speakers. Che Rudell-Tabisola of the DMV Food Truck Association, and Missy Carr of the food
truck "Go Fish!" testified in support of the Bill, saying that simply increasing allowed operating
hours would be a big benefit to food truck operators, whose business is generally seasonal. Jane
Redicker of the Greater Silver Spring Chamber of Commerce and Melvin Thompson of the
Restaurant Association of Maryland opposed the Bill as drafted, saying more comprehensive
regulation of food trucks is needed, and suggesting that the scope of the Bill should be broadened.
Nadir Sharif, who was part of the team of Wheaton High School students that recommended the
legislation, addressed the Council and suggested that the Council should listen to all stakeholders
and perhaps engage in a broader conversation concerning food truck regUlation.
There were six participants in the Madison open government pilot program to allow online
review and comment on the Bill by the public. There were five expressions of support for the Bill
in the program and none in opposition. The program also generated six suggestions, most ofwhich
were related to existing language in the County law regulating vendors. One suggestion was to
perhaps use the word "mobile" rather than "itinerant" in the definition of "food service truck" in
the Bill. Because the word "itinerant" is used in reference to a defined term in Chapter 15,
governing eating and drinking establishments, the suggested change is not within the scope of this
Bill. Another suggestion was to strike the words "or other slow moving vehicle" from existing
law on line 17, in reference to vendors using pushcarts. Such a change may be worth considering,
but making, or not making, it would have no bearing on the intent or effect of this Bill as it was
introduced.
Another collaborator suggested removing the existing provision excluding from the
definition of vendor a person under 16 years old that is under the direct supervision of a licensee.
As with the suggestion relating to pushcarts, this change would not further the intent of Bill 32-15
as introduced and, because it would apply to all vendors (not only food trucks), its impact would
1
http://opengovfollndation.orglthe-madison-project/
2
 PDF to HTML - Convert PDF files to HTML files
need to be considered in that broad context. A collaborator suggested reducing the current 500 foot
restriction on vendors operating in proximity to schools to 250 feet. As with the above suggestion
related to persons under 16, this change would affect all vendors, which should be kept in mind if
it is considered. The possibility of allowing food trucks to operate later than 10:00 p.m. on Friday
and Saturday nights was also suggested. The District of Columbia allows food trucks to operate
on Friday and Saturday until 1:00 a.m. the next day.2 Staff believes that an extension ofweekend
operating hours would be more appropriate to consider in the future, if there is a demonstrated
need.
Issues
I
Committee Recommendation
A decade ago, food trucks were relatively uncommon in the United States, outside of a few
cities.
In
recent years, the number of food trucks operating has exploded nationwide, due perhaps
to impact of the recent recession on brick-and-mortar establishments, the rise of social media, or
some combination of the two. Montgomery County and the DC-Maryland-Virginia metropolitan
area have seen substantial growth in this sector, with a regional food truck association
3
and
website,4 as well as a number of Montgomery County food trucks setting up a website
5
to
collectively promote their services.
While a number ofjurisdictions have struggled to modernize outdated vendor regulations
in the face of the proliferation of food trucks and have enacted comprehensive food truck laws,
Montgomery County has in place a regulatory framework that is protective of public health and
public space. Bill 32-15 represents an attempt to remove one clear economic impediment to food
truck operation - constantly changing and very limited permitted hours of operation.
How are food trucks currently regulated in the County?
Under Chapter 47 of the County Code, all vendors (including food truck operators), are
required to have a vendor license issued by the Department of Permitting Services (DPS) (see
©16-19). There are four types of vendor's licenses; a food truck generally operates under a
"regular route vendor license.,,6
It
is under Chapter 47 that every vendor's hours of operation are
limited to between 9:00 am and sunset.
Under the regulations governing licensed vendors, every vendor is responsible for
maintaining a clean vending area, including providing trash receptacles, and must comply with all
other laws, ordinances and regulations that affect their activity.
7
In addition to these general
requirements, a regular route vendor must comply with a number of requirements related to
parking, and must comply with the County noise ordinance.
8
Vendor licenses generally have a
term of one year (though there are 60 day licenses), with the annual fee calculated using a base
rate plus a per-operator fee. A single operator license would be $330.75.
DCMR Title 24 Section 552
3
http://www.dmvfta.orgl
4
http://foodtruckfiesta.com/
.s
http://www.mocofoodtrucks.com/
6
The other types of vendor licenses are:
(1)
door-to-door; (2) site specific; and (3) sidewalk vendor/pushcart.
7
COMCOR47.02.01.05.3(a)
8
COMCOR47.02.01.05.3(c)
2
3
 PDF to HTML - Convert PDF files to HTML files
In addition to a vendor's license, a food truck operator must also have a Mobile Food
Service Unit license issued by the Department of Health and Human Services (DHHS) under
Chapter 15 of the County Code (see ©20-23). All food service licensees (stationary and mobile)
must comply with a number of requirements governing food handling and hygiene, employee
supervision, and equipment and fixture safety. A mobile unit must be inspected before licensing,
and must have a "base of operation" that is itself a licensed food service facility. The fee schedule
for Mobile Food Service Unit license is based on the classification ofthe license, and ranges from
$175.00 for certain seasonal facilities to $525.00, and the term of the license (other than a
seasona1l90 day license) is one year.
Is
there a bigger regulatory problem that needs solving?
At the public hearing, the Council heard from both the Greater Silver Spring Chamber of
Commerce and the Restaurant Association of Maryland that a "more fair and comprehensive
regulatory structure" is needed. Specifically, the issues of proximity to brick-and-mortar
restaurants and better enforcement of existing laws, and the creation of specific "food truck
operating zones" were raised. Several jurisdictions have imposed restrictions on food trucks
operating within a specific distance of brick-and-mortar restaurants.
9
However, the legality of
such a restriction has been challenged as an unconstitutional restraint on trade.
lO
The Executive branch has indicated that it intends to address location issues related to food
trucks through regulation and, if necessary, legislation, and has provided this statement:
Bill 32-15 clarifies the hours of operations for food trucks in Montgomery County.
This is needed to address changes in consumer preferences and modem business
operations, and the County Executive supports clarification of the hours of
operation and a clear regulatory defmition of food trucks. The Executive branch
will also explore the need for and location offood truck zones where enhanced food
truck vending activity can be accommodated and what additional regulatory
clarifications and changes, if any, are needed to allow food trucks to operate:
Where they do not cause congestion or infringe upon already limited parking
in high traffic areas;
Where they can operate safely without creating dangerous situations for
pedestrians or health concerns; and,
Where they can operate successfully. Constricting food trucks to remote sites
does no good for these small businesses.
For example, in
its
2013 law, Baltimore County prohibited licensed food trucks from parking "within 200 feet of the
public entrance of an open, operating restaurant." "Proximity restrictions" on food trucks in other jurisdictions
generally range from 50 feet to 300 feet.
10
The U.S. Court of Appeals for the Sixth Circuit has stated "that protecting a discrete interest group from economic
competition is not a legitimate government purpose."
(Craigmi/es v. Giles,
312 F.3d 220, 224 (6th Cir. 2002»
Similarly, in response
to
another lawsuit, the Fifth Circuit ruled that "laws amounting to 'naked transfers of wealth'
to politically favored insiders are unconstitutional."{
St. Joseph
Abbey,
et. al. v. Castille, et.al.,
712 F.3d 215 (5th Cir.
2013» The Ninth Circuit held that "mere economic protectionism for the sake of economic protectionism is
irrational."
{Merrifieldv. Lockyer,
547 F.3d 978,992 n.15 (9th Cir. 2008» These are the precedents being used to
litigate similar buffer rules around the country.
4
9
 PDF to HTML - Convert PDF files to HTML files
This may involve changes to regulations (including Chapter 31 and Chapter 47).
Executive staff will explore these options so that any needed future action can be
implemented to coincide with the effective date of Bill 32-15 and will continue
working with a broad group of stakeholders to make sure that any proposed changes
have been thoughtfully considered.
In
view of the Executive's intention to continue to work with stakeholders on any additional
needed measures pertaining to food truck operation, Council staffrecommended enactment of Bill
32-15 with only the clarifying amendment discussed below.
Staff-recommended clarifying amendment.
Council staffrecommended clarifying language to the definition of "food service truck" to
make clear that the location of the truck is where food items are sold from the truck, and not
necessarily from other vendors or sellers, as could be inferred from the current language.
Committee recommendation
(3-0):
Amend lines
6-8
ofthe Bill as follows:
Food service truck
means an itinerant food service facility, licensed under Chapter 15,
operating from
~
self-propelled motorized vehicle that is parked or temporarily located
where food items are sold from the truck to the general public.
This packet contains:
Bill 32-15
Legislative Request Report
Fiscal and Economic Impact Statement
Public Hearing Testimony
Missy Carr
Jane Redicker
Melvin Thompson
Nadir Sharif
DPS ­ Regular Route Vendor license info/application
HHS ­ Mobile Food Service Unit license info/application
Circle #
1
5
6
11
12
13
15
16
20
F:\LAW\BILLS\1532 Vendors-Hours And Places Of Operation\Action Memo.Docx
5
 PDF to HTML - Convert PDF files to HTML files
Bill No.
32-15
Concerning: Vendors -
Hours and
Places of Operation
Draft No. 2
Revised:
0912812015
Introduced:
June 16. 2015
Expires:
December 16.2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
-=..:.N~on:.:.::e'__
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Riemer and Navarro
Co-Sponsors: Council Vice President Floreen, Council President Leventhal, Councilmembers Katz,
Rice and EIrich
AN
ACT to:
(1)
amend the hours ofoperation allowed for vendors operating food service trucks;
and
(2) generally amend the County law regarding vendors.
By amending
Montgomery County Code
Chapter 47, Vendors
Sections 47-1 and 47-2
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
Heading or defined term.
Addedto existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law zmqfJected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
32-15
1
2
3
4
5
6
Sec 1. Sections 47-1 and 47-2 are amended as follows:
47-1. Definitions.
In
this Chapter, the following words have the meanings indicated:
[(a)]
Director
means the Director of the Department of Permitting Services
or the Director's designee.
Food service truck
means an itinerant food service facility, licensed under
Chapter 15, operating from self-propelled motorized vehicle that is parked or
temporarily located where food items are sold from the truck to the general public.
[(b)
(1)]
Vendor
means any person who sells, offers to sell, or solicits
7
8
9
10
orders for any goods (including perishable foods) or services:
[(A)](U
on any public street, sidewalk, or other public
11
12
property or right-of-way;
[(B)]rn
13
door-to-door in a vehicle or on foot;
from a vehicle, or temporary stand or structure, that
14
15
16
[(C)]Q)
is parked or otherwise temporarily located while goods are
sold or services dispensed; or
[(D)]@
17
18
19
from a pushcart or other slow-moving vehicle.
[(2)] Vendor
does not include a person who:
[(A)](U
is invited to a residence or business by prior
20
21
appointment with an owner or legal occupant of the
premises to provide goods or services to the owner or legal
occupant;
[(B)]rn
22
23
24
takes orders solely for the delivery of newspapers,
or supplies or sells newspapers through newsracks;
[(C)]Q)
is 16 years old or younger ifthe minor:
is under the direct supervision of a vendor
25
26
[(i)](A)
27
licensed under this Chapter; and
(j)
f:\Iaw\bills\1532 vendors-hours and places of operation\bill2.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
32-15
28
[(ii)]ill)
complies with the non-licensing provisions of
29
30
this Chapter;
[(D)](!)
sells or solicits orders for goods or servIces to
31
32
33
businesses for use in the business or for resale;
[(E)]ill
is a participant in not more than 4 "garage" type
sales in a calendar year;
34
35
36
37
38
39
40
[(F)](Q)
sells or offers to sell goods or servIces at an
agricultural fair, craft or antique show, trade show, or
similar exhibition if the sponsor of the show is licensed
under this Chapter;
[(O)]ru
represents a:
charitable organization as defined
in
State law
[(i)]@
(Business Regulation Article, Section 6-101);
41
42
43
44
[(ii)]ill)
[(iii)]!£)
[(H)](ID
state or local government agency; or
franchisee under Chapter 8A; or
IS participating in a government-sponsored or
sanctioned program or event.
47-2.
Hours and
places of operation.
45
46
47
48
49
*
(d)
*
*
Except for a prearranged appointment or with the Director's approval, a
vendor other than
f!:
vendor operating
f!:
food service truck must not
conduct business before 9 a.m. nor after sunset.
In
this Section, "sunset"
means the time established by the U.S. Naval Observatory for
Washington D.C. and vicinity.
50
51
52
53
(e)
A vendor operating
~
food service truck must not conduct business
before
~
a.m. nor after 10 p.m.
54
55
ill
Unless pennitted by the Director and the school principal for a special
event, a vendor must not sell or offer to sell any item on a public road or
@
f:\Iawlbills\1532 vendors-hours and places of operationlbill2.doc
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 32-15
56
right-of-way
within
500 feet of any public or private elementary or
secondary schooL
Approved:
57
58
59
George Leventhal, President, County Council
Date
60
61
Approved:
Isiah Leggett, County Executive
Date
62
63
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
G
f:\law\biUs\
1532
vendors-hours and places of operation\bill 2.doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Vendors
DESCRIPTION:
PROBLEM:
Bill 32-15
Hours and Places ofOperation
Bill 32-15 would amend the hours of operation allowed for vendors
operating food service trucks.
Vendors using food trucks are restricted to operating between 9:00am
and sunset, meaning that for parts ofthe year they can only serve lunch.
This limitation hurts the viability of operating a food truck in the
County
Create a provision in the law which extends the hours in which
vendors using food trucks may operate, while retaining the existing
hours of operation for other vendors.
Department ofPermitling Services
To be requested.
To be requested.
To be requested.
To be researched.
Josh Hamlin, 240-777-7892
To be researched.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
Violation of Chapter 47 is a class A violation
F:\LAW\BILLS\1532 Vendors-Hours And Places Of Operation\LEGlSLATIVE REQUEST REPORT.Docx
 PDF to HTML - Convert PDF files to HTML files
ROCKVILLE,
MA,R):l.AND
MEMORANDUM
July 31, 2015
TO:
George Leventhal, President, County Council
Jennifer
A.
HA!Moirector, Office
0
ana ement and Budget
Joseph F.
ae@-i)i';ctor,
Departn{i·
~~rna
FElS for Bill 32-15, Vendors - Hours and Places of Operation
FROM:
SUBJECT:
Please find attached the fiscal and economic impact statements for the above­
referenced legislation.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa
Austin, Offices of the County Executive
Joy
Nurmi, Special
Assi~1ant
to
the
County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Diane Jones, Department
ofPermitt1ng
Services
David Platt, Department of Finance
Alex Espinosa. Office of Management and Budget
Dennis Hetman, Office of Management and Budget
Felicia Zhang, Office of Management and Budget
Naeem
Mia,
Office of Management and Budget
 PDF to HTML - Convert PDF files to HTML files
Fiscal Impact Statement
Council Bill 32-15, Vendors - Hours and Places of Operations
1. Legislative Summary:
Bm 32-15
expands food service truck vendor hours of operation to allow sales to occur
between 5:00 a.m. to 10:00 p.m. daily. Currently vendors using food trucks are restricted .
to operating between 9:00 a.m. and sunset.
2.
An
estimate of changes in County revenues and expenditures regardless of whether
the
revenues or expenditures are assumed in the recommended
or
approved budget. Includes .
source ofinformation, assumptiQtlS, and methodologies used.
Bi1l32-15
is not expected to affect County revenues or eX"peI1ditures. According
to
information provided by the Department of Permitting Services (DPS), there were 43
permits issued
in
fiscal year 2015 of which 13 where for site specific food. vendors and 30
were for food. vendors \\1th regular routes. The cost for a pennit was $509.25 for a site
specific food vendor and
$389.55
for a food vendor vvith regular routes.
DPS
assumes
that the number offood vendor applications
will
not
be
affected by the expansion of
permitted
working hours. Also, DPS notes that no applicants withdrew their application
because ofthe current restriction of hours of operations.
3.
Revenue and expenditure estimates covering at least
the
next
6
fiscal years.
lhere are no additional revenue or expenditure estimates as a result of the
Bill.
4.
An actuarial analysis through the entire amortization period for each bill that would
affect
retiree pension or group insurance costs.
There is no impact
to
retiree pension or group insurance costs.
5. Later actions that may affect future revenue and expenditures
if
the bill authorizes future •
spending.
.
Bill No. 32-15 does not authorize future spending.
6. An estimate of the staff time needed to implement the bill.
No additional staff time will be required to implement the
BilL
7.
An
explanation of how the addition of new
staff
responsibilities v.-'Oll1d
affect
other duties.
The Bill does not result in the addition of
any
new staff responsibilities.
8. An estimate ofcosts \\!hen an additional appropriation
is
needed.
Bill 32-15 \\'ill not require an additional appropriation.
9. A description of any variable that could affect revenue and cost estimates.
A favorable reaction by the small business community could result in additional
food
service truck vendor license applications. The expanded hours of operations could result
in complaints that could require reallocation of staff resources in order to investigate.
10. Ranges of revenue or expenditures that are uncertain or difficult to project
It would be speculative to provide a range of revenues because data is not available.
11. If a bill is likely
to
have no fiscal impact, why that is the case.
(j)
 PDF to HTML - Convert PDF files to HTML files
As
'written, Bill No. 32-15 simply expands the hours of operation for food service truck
vendors. If
complaints requiring investigation outside
of core work hours
occur,
DPS
believes inspector work hollIS can be adjusted without the need
fOT
additional resources.
12. Other fiscal impacts
or
comments.
Not applicable.
13. Ibe following contributed to and concurred
with
this analysis: (Enter name and
department).
Ehsan Motm.>di, DPS
Hadi
Mansouri~
DPS
Barbara Suter, DPS
David Platt, Finance
Dennis Hetman, DPS
Date
7~(5
 PDF to HTML - Convert PDF files to HTML files
Impact Statement
BiIl32~
1S
t
Vendors - Hours and Places of Operation
ECODomiC
Ba~kground!
This legislation would amend the hours ofoperation allowed for vendors operating food
services trucks (food vendors).
Bill
32-15
defines a
food service truck
as an
"itinerant
food service facility, licensed Chapter
15,
operating from self-propelled motorized
vehicle
that is
parked or temporarily located where
food
items
are
sold to
the
general
public."
lne
proposed legislation would extend the hours of operation from 9:00 a.m. to
sunset to between
5:00
a.m. and
10:00
p.m.
1.
The
sources
of information,
assumptions~
and methodologies used.
Sources of infonnation include:
• Department of Permitting
Servk~s
(DPS), and
• Bureau ofLabor Statistics (B1.S), U.S. Department of Labor.
Acc-ording to information provided by UPS, there were
43 penults
issued in fiscal
year 2015
of
which 13 were for site spt.'Cific food vendors and 30 were for food
vendors with regular routes.
The
cost for a penn it was $465.55 for a site specific
food vendor and
$389.55
for a food vendor with regular routes. DPS assumes that
there is no indication that the number of applications
\\111
increase due to an
expansion of permitted working hours. Also DPS noted that no applicants of note
withdrew their application because ofthe current restriction ofhours ofoperations.
Data on the amount of sales revenue by vendors operating food services trucks are not
available for those vendors operating
in
Montgomery County and those operators
whose
place
ofresidency
is
in Montgomery County. However, Finance did obtain
economic data on vending machine (Jperators (NAICS Code: 4542) for Montgomery
County. The economic
data
included total wage income for those self-employed and
employees in NAICS Code
4542.
Finance used these data as
a
proxy for the
economic impact ofBiIl32-1S. Bill
32-15
increases
the
daily hours
of
operation by
an additional eight
(8)
hours - four
(4)
hours
in
the morning and four
(4)
hours
pasi
sunset (assuming the average sunset for the year is
6
p.m.) Finance assumes that ihe
operators of food services truck will use those additional pennitted hours either in the
morning or in the evening but not
both.
Therefore, the ho'urs ofoperation
will
increase from the current nine
(9)
hours per day or
45
hours per
week
to
13
hours per
day
or
65
hours per week·- or an increase in
the
hours
of
operation
per
week
by nearly
45
percent. Based on the data from DPS on the number ofpemlits, the increase in the
number of hours of operation and
data
from BLS, Finance estimates that total wages
would increase
from
$1.818 million per year to $2.626 million per year or nearly 45
percent assuming no
increase
in the number of permits and all
vendors
choose to
operate with the additional hours.
Page 1 of2
(j)
 PDF to HTML - Convert PDF files to HTML files
Economic
Impact Statement
BiU 32-15, Vendors- Hours and Places of Operation
2. A description of any variable that could affect the economic impact estimates.
The variables that could affect the economic impact are the. current total wage income
earned by food service truck operators. Data presented in paragraph #1 is based on
income data. for vending :machine operators which are the
oply
data available for
Montgomery County. The second variable that could
affec~
the economic impact
estimate is the increase in the number of food service
truc~.
Howeve.r, DPS assumes
that Bill 32-15 would not increase the number of trucks.
3.
The Bill's positive or negative effect, if
any
on
employment,
spending, savings,
investment,
incomes,
and
property
values
ill
the
COUllty~
Based on information provided hy DPS and data obtained from BLS, Bill 32-15 could
have a positive impact on the wage income ofcurrent food
~ervice
truck operators
due to an increase in their hours ofoperation from 45
ho~
perweek to 65 hours
per
week.
As
stated previously, the specific amount ofthe increase is based on data
pertaining
to
vending machine operators. Finally,
the
econhmic impact is
bast'd
on
wage inc.()me as a proxy
for
operating revenue because such data were not readily
available. However,
if
the additional
level
of food
purcha.~es
by
customers in the
early morning or evening are merely substituted from fast·(ood restaurants to vendor
trucks, the.re would
be
no net economic impact on employment, spending, savings,
investment, incomes, and property values in the County. .
4.
If
a Bill
is
likely to have no economic impact,
why
is that the case?
See #3.
,
':'",
-.-.
.
5.
The
following contributed
to
or concurred with this
ana!lYsis: David Platt and Rob
Hagedoom, Finance; Ehsan Motazedi. Department ofPenmtting Services.
Date
(Ifi)
/<j~
-lJ~
.
+-~-
Page 2 of2
 PDF to HTML - Convert PDF files to HTML files
\e:;
_
~..
~~c
GOFISHTRUCK.COM
Thank you for having me today to share my experience as a business owner, specifically a food truck owner in
Montgomery County. My name is Missy Carr. I am a life-long resident of Montgomery County. I am an entrepreneur,
Chef, business owner, wife, mother and food truck owner. Over the last two decades I've had three food related
businesses in the County. I have had failures and tasted success.
I started my culinary career working in local restaurants waiting tables and as a manager. I am a graduate of the
prestigious
L'
Academie De Cuisine located her in MoCo. Upon graduating from
L'
Academie, I ventured into
entrepreneurship, first with a small catering business for several years before becoming a wife and mother. After a few
years of being home with my three children, I started a brick and mortar business, a meal prep kitchen in the Kentlands
from 2006-2010. That business ultimately failed due to some poorly timed decisions and the market crash of 2009.
After losing tens of thousands of dollars, I was hesitant to do another business, but I am an entrepreneur and I had the
bug to get back. Starting a food truck was not only a "popular" idea in 2011, it was feasible financially and for my
lifestyle. It is true that the cost to open a food truck is far less than a brick and mortar, but it should be noted that our
earning potential is far less as well. The food truck business here is very seasonal, with most trucks operating 9 month of
the year, with a peak season of 6 months.
I started Go Fish in the summer of 2011. I was the second "Modern truck" in the County and the challenge to reach
customers in the County was daunting. As a profeSSional Chef, I pride myself on providing my customers with the best
quality food I can at a reasonable price. , knew if I could do that consistently and survive long enough, I would be
successful. Today Go Fish is profitable, debt free and growing. We are adding revenue streams through catering, school
lunch programs and product development. All of this translates into jobs for more County residents.
As
a "middle aged" m'other, people often ask why I have a food truck vs. opening a brick and mortar. The answer for me
is simple. 1) Money...the cost of entry and the risk is much lower than a brick and mortar. My food truck provided has
."
~:~
~o
provided me and others with a path to small business ownership when a brick and mortar was financially out of reach.
2) Flexibility...
.!
have three children now ages 10-13. The food truck business allows me the flexibility to make additional
income for my family, yet still be available for my children and all of their activities and interests. 3) Happiness ...of all of
the food businesses and many food related positions I've had, this one is the most pleasant. Our customers are happy to
see us, they love our food
&
they appreciate our service. It's simply fun and very gratifying.
Today there are more than one dozen active trucks operating in Montgomery County, and many of them, like me, vend
exclUSively in MoCo. Each of these trucks represents a small business, like mine, with an owner operator, like me, who
strives each day to provide the best quality product and service for the residents of Montgomery County. The residents
are responding in a very positive way evidenced by the fact that the number of trucks who can support themselves in
the County is on the rise. There are more challenges ahead as the industry grows. In my opinion, increasing the evening
vending hours is a big step in the right direction.
1717 TilTON DRIVE SILVER SPRING, MD 20902
(240) 277-2736
WWW.GOFISHTRUCK.COM
@
 PDF to HTML - Convert PDF files to HTML files
';r
GREATER
SILVER
,_~
SPRING
CHAMBER
OF
COMMERCE
J~
Testimony of
The Greater Silver Spring Chamber of Commerce
Public Hearing - Bill 32-15 Vendors - Hours and Places of Operation
Montgomery County Council Public Hearing
Tuesday, July 14,2015
Council President Leventhal, members of the Council, good afternoon. For the record, my name is Jane
Redicker and I am President of the Greater Silver Spring Chamber of Commerce. Our 40 member
restaurants in greater Silver Spring include the vast majority of locally owned and operated food
establishments in the downtown Silver Spring area.
Based on the feedback we have received from our member restaurants, the Greater Silver Spring Chamber
of Commerce must oppose Bill 32-15 as currently written.
Out concerns date back to 2006, when the original sidewalk vendor legislation was enacted. While our
Chamber supports the entrepreneurial spirit of the food truck movement, we have always believed that the
new law neither appreciated, nor took into account, the legitimate concerns of traditional brick-and-mortar
restaurants, many owned and operated by Montgomery County residents who made substantial financial
investments - far greater than that required by a food truck vendor - to create a successful business.
What is needed is a more fair and comprehensive regulatory structure that addresses both the needs ofthe
food truck vendors and the concerns of existing restaurants. For example, while the current regulation
seems to recognize the concept of unfair competition by limiting the number of licensees who can sell a
particular type of goods in a certain district, it does not give the same consideration to concerns about unfair
competition from food trucks operating within close proximity to traditional brick-and-mortar restaurants.
Many of our restaurant members would like reasonable restrictions on operating distances from bricks-and­
mortar establishments, as have been adopted in other jurisdictions. We have also heard the call for better
enforcement of existing laws: prohibiting food trucks from ignoring, and getting away with, parking in no­
parking zones or at expired meters, or "permanently" setting up shop in specific locations.
This is why we cannot support a re-definition of "Food Trucks" and the accompanying expansion of their
hours without a comprehensive effort to understand and address the concerns of all stakeholders.
And finally, I would be remiss if! did not make one last point. While the proponents of this bill assert that
they have been in touch with Chambers of Commerce, our Chamber never had the opportunity to add our
thoughts and opinions to the discussion. I did receive one email from a student at the school. I replied that I
was not able to schedule a time to talk right away because I was short staffed and had other obligations to
our members. I asked that he follow up within a couple of weeks. But I never heard back. If! had, I would
have applauded this effort, explained that neither our Chamber nor our members are opposed to food trucks,
tried to explain the complexities and challenges that food trucks present for some of our bricks and mortar
restaurants, and suggested some changes in the current law that would benefit both. Unfortunately I never
had that opportunity because no one ever contacted me again.
But now, I welcome the opportunity to work with Council, to involve our stakeholder restaurant members in
an effort to develop a system to insure that restaurants and food trucks can peacefully coexist in our
community.
8601 Georgia Avenue, Suite 203, Silver Spring, Maryland 20910
Phone: 301-565-3777 • Fax: 301-565-3377 • info @gsscc.org • www.gsscc.org
 PDF to HTML - Convert PDF files to HTML files
RESTAURANT
ASSOCIATION
MIRYllND
Council Bill 32-15
Vendors
-
Hours and Places
of
Operation
July 14, 2015
Position:
OPPOSE
Mr. President and Members of the Montgomery County Council:
On behalf of the Montgomery County members of the
Restaurant Association
of
Maryland,
we
oppose Council Bill 32-15 as it is currently drafted. Extending food truck operating hours
without also addressing the myriad other issues involving this subject is shortsighted and will
undoubtedly create additional issues that will need to be resolved.
We are not opposed to food trucks. In fact, a few of our members in other jurisdictions use food
trucks as an extension of their brick-and-mortar operations, and some restaurants have grown
out of successful food truck operations. However, a fair and appropriate regulatory structure is
necessary to ensure that restaurants and food trucks can peacefully coexist.
If this legislation achieves its goal, more food trucks will be attracted to Montgomery County.
For this reason, the scope of this legislation should be more comprehensive to include
reasonable restrictions on operating distances from brick-and-mortar restaurants, and other
regulatory controls to prevent the typical problems associated with an influx of food trucks. We
have successfully worked with stakeholders and public officials in Baltimore City and Baltimore
County to create such controls in those jurisdictions, and we hope to do the same in
Montgomery County.
Prior to any Committee work session on this legislation, we suggest that a workgroup of
stakeholders and appropriate County agency staff be created to address concerns and make
recommendations on issues including, but not limited to, the following:
1.
As with operating restrictions placed upon sidewalk/pushcart vendor licensees in
Montgomery County, appropriate restrictions for food truck operators should be
created to ensure against unfair competition from food trucks operating within close
proximity to traditional brick-and-mortar restaurants. Such restrictions were adopted
in both Baltimore City and Baltimore County.
2.
After much controversy surrounding the operation of food trucks in Baltimore City and
the District of Columbia, specific food truck operating zones were also created in
these jurisdictions. A similar option should be considered for Montgomery County.
Prince George's County is also considering such an approach in their pending
legislation to create food truck hubs.
@J
Restaurant Association of Maryland
6301
Hillside
Ct Columbia, MD 21046
410.290.6800
FAX 410.290.6882
 PDF to HTML - Convert PDF files to HTML files
3. Food truck parking at meters and along the public right-of-way has been controversial
in other jurisdictions. Such parking issues should also be considered in Montgomery
County, especially as it relates to enforcement of expired/time-limited meters, truck
size/parking spaces utilized, and generally the use of parking spaces that may
otherwise be used by customers of other restauranUretail businesses.
4. It is unclear how food truck vendors are currently licensed by the Montgomery County
Department of Permitting Services (DPS). We were told by DPS staff that food trucks
are currently licensed as either Regular Route Vendors (vehicle must be continuously
moving unless stopped only to serve customers), or as a Site Specific Vendor (vehicle
may operate only at a specific location along the public right-of-way or on private
property). Given these two licensing options, we are not sure how a food truck that
operates at multiple locations in the County is currently licensed.
5. Clear licensing/enforcemenUcomplaint processes should also be established so that
valid licenses/permits for food trucks can be clearly identified during operation,
allowing other business owners and customers to distinguish between legitimate and
rogue food truck operators. Health Department licensing procedures, inspection
frequency and sanitation certification should also be reviewed.
This subject clearly needs a lot more discussion. We hope to work with the bill sponsors and
other stakeholders on these and related issues.
Sincerely,
Melvin
R.
Thompson
Senior Vice President
2@
 PDF to HTML - Convert PDF files to HTML files
II
My name is Nadir Sharif and I am testifYing on behalf of myself and a group of students
from Wheaton High SchooL I'm testifYing regarding the need for clarity and expansion of the
hours of operations for food trucks. The aspiration of having more food opportunities in our
home of Montgomery County, MD is the main focus of our student project. We have researched
the issue and came upon a solution that will benefit food trucks.
We have spent a lot of time researching legislation, ranging from Baltimore and other
nearby areas to farther places such as Chicago, in order to find out how we can improve
legislation in this area. In doing this, it has led us to start contacting relevant stakeholders to
receive more information and feedback on potential solutions. After our extensive research,
we've reached a consensus that changing the time would be beneficial for food trucks.
Food trucks are a form of small business that need help to become more viable in
Montgomery County. Currently, they are only limited to an always changing time period during
the day. This prevents them from expanding their business and thriving. We have proposed
clarifYing and expanding their operating times to provide them a more stable operating
environment. For people who are going to work in the morning, this provides them an
opportunity to get food before they get to work.
It
also provides food options in developing areas
where there is not a currently strong restaurant presence.
This time change may also expand economic opportunities in the areas that they are put
in. They work well as low cost incubators, allowing entrepreneurs to test concepts and ideas.
Many food truck owners are family-owned businesses which give a sense of community and
unity. They can also create a more personal and intimate experience for customers.
We understand that this particular issue, hours of operation, is only one aspect of a
complex issue. We do not wish to create conflict between brick and mortar restaurants and food
trucks. We only wish to see an environment where both of these forms of business can be
successful. We welcome a conversation that goes beyond the hours of operation and looks at
other complementary solutions. No doubt you will hear from some of the Chambers of
Commerce and the restaurant association. We encourage you to listen to their feedback on this
bill along with the food truck owners. Weare confident that the County will take this bill as an
opportunity to listen to the solutions from all of these stakeholders and craft something that is a
win-win for all.
Thank you for your time and consideration.
@
 PDF to HTML - Convert PDF files to HTML files
Regular Route Vendor License
Page 1 of2
DPS > Licenses> Regular Route Vendor License
Department of Permitting Services
Regular Route Vendor License
When is a Regular Route Vendor License Required?
A regular route vendor's license is required if an individual sells or offers to sell goods or services along a street on a
repeating schedule, stopping only to dispense products, unless otherwise pennitted by regulations under Chapter 47
of the Montgomery County Code.
What is the Regular Route Vendor's License Application Process?
A completed "Application for vendor/operator" must be submitted for review.
A vehicle registration card, as appropriate and a valid driver's license are required to process the application.
The selling of prepared foods or prepackaged food and beverages of any kind requires a Food Service Permit from
the Licensure
&
Regulatory Services Section of the Department of Health and Human Services,
What
will
a Regular-Route License Cost?
1. ONE YEAR
Base Fee
1,
One year Base Rate
Operator Fee (each)
$245,00
$70.00
$12.25
$3.50
=
$257.25
$73.50
2.
$330.75
1. SIXTY DAY or DAilY RATE
1.
Temporary Sales Base
Rate
$175,00
$8.75
'"
$183.75
3. Operator Fee (each)
$257.25
$70.00
$3.50
$73.50
An additional 5% Automation Enhancement Fee
is
inCluded on the cost(s) listed above.
When Will a Regular-Route License
be
Ready for Pick-Up?
Nonnally, a license can be issued within two business days from the date of application if no other Department
approval is needed.
What is Future Delivery?
A future-delivery vendor solicits orders for goods or services which will be delivered at a later time. A $1,305.00 surety
bond must be posted in conjunction with this license application.
Application Package
Application
Vendor Application
Fees and Taxes
Fee Schedules
Executive Regulations
Automation Enhancement Fee
Automation Fee
Credit Card Authorization Form
Credit Card Authorization Form
Bonds
No Bonds at this time
Codes, Standards, Executive Regulations
Search Chapter 47
Montgomery County Code
Guidelines, Memorandum of Understandings, Interpretations
None at this time
 PDF to HTML - Convert PDF files to HTML files
Regular Route Vendor License
Page 2 of2
Inspection Requirements
Inspections Arranged at Time of Application
Frequently Asked Questions
311 Web Portal: Enter key word
"Vendor"
Online Data Search
http://www3,montgomerycountymd.gov/311
Search DPS
311
240-777-0311
Allegheny Power
American Institute of Architects (AlA)
American National Standards Institute (ANSI)
American Society of Heating, Refrigerating & Air Conditioning Engineers
(ASHRAE)
Baltimore Gas & Electric Co, (BG&E)
Board of Appeals
Historical Society
International Code Council (ICC)
Maryland Department of Assessments and Taxation
Maryland Department of the Environment
Maryland Division of State Documents
Masonry Institute of America (MIA)
Miss Utility
National Glass Association (NGA)
MNCPPC: Historic Area Work Permits
MNCPPC: MC Atlas
MNCPPC: Zoning
MuniCipalities
National Fire Prevention Association (NFPA)
Potomac Electric Power Company (PEPCO)
Recycling
U.S. Department of Energy (DOE) by Pacific Northwest National Laboratory
(PNNl)
Verizon
Washington Gas Light Co.
WSSC
Online Pennltting Status Information and Inspections
Call for More Infonnation
In Montgomery County
Outside of Montgomery County
Other Agencies to Contact
Other Agencies and Utilities to
Contact
I
Select Language
Ga
Privacy Policy
I
User Rights
I
Accessibility I Language Translations I Social Media
I
Counrv Code
Copyright 2015· Montgomery County Go\'ernment All Rights
Resen."ed,
Last
Edited: 09/09/2015
@
 PDF to HTML - Convert PDF files to HTML files
Department of Permitting Services
Zoning and Site Plan Enforcement
255 Rockville Pike, 2nd Floor
Rockville, MD 20850-4166
Phone: 311 in Montgomery County or (240) 777-0311
Fax (240)-777-6262
http://www.montgomerycountymd.gov/permittingservices
Application for Vendors License
IA.
License Infonriation
CONTACT
1.0.
NO:_ _ _ _ _ _ _ _ __
LICENSE NO:
o
New License
I
B.
Type of License
0 Renewal License
o
Ooor-to-Ooor Vendor
0
Site Specific Vendor
0
Regular Route Vendor
0
Sidewalk Vendor
I
Pushcart
C>Location ofVending Site/Property:
(Site specific vendors only).
House Number _ _ _ _ _ _ _ Street'--_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Town/City _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Zip _ _ _ _ _ _ __
ID.
Applicant Information
Name of Applicant _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Daytime Phone
#_ _ _ _ _ _ __
Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ City _ _ _ _ _ _ _ _ _ State _ _ _ _ Zip._ _ _ _ _ __
Email Address,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Business Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Day Phone
# _ _ _ _ _
Evening Phone
#_ _ _ __
Contact Person
Daytime Phone
#
I
E.
Vendor Applicant Only
,Name of
Cross Street: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
D
D
CAP
M Site
o
o
Signs
0
ROW
Private Property
Types of Goods Being Sold: _ _ _ _ _ _ _ _ _ _ _ _ _ __
Operators 10 :
o
D
D
CHECK THOSE THAT APPLY BELOW
One Day License .
Days of the Week: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Hours Open From: _ _ _ _ _ _ _ _ _to_ _ _ _ _ _ __
Sixty Day License
One Year License
Agricultural Cert. Required
Health Dept. Cert. Required
Bond Required
D
D
o
Page 1 of 2 Revised
9/9/2015
 PDF to HTML - Convert PDF files to HTML files
Department of Permitting Services
Zoning and Site Plan Enforcement
255 Rockville Pike, 2nd Floor
Rockville, MD 20850-4166
Phone: 311 in Montgomery County or (240) 777-0311
Fax (240)-777-6262
http://www.montgomerycountymd.gov/permittingservices
10.
Application for Vendors License
AffidavUs
, hereby dedare and affirm under the penalty of perjury, that all matters and facts set forth in the vendor license application are
true and correct to the best of my knowledge, information and belief. I agree to comply with Chapter 59, and the regulations of
Chapter 47 ofthe Montgomery County Code, as amended, to take whatever action is required by the Department to bring the
vendor operation into compliance if complaints of non-compliance are received and verified.
Signature of Applicant
Printed Name of Applicant
I hereby dedare and affirm, under the penalty of perjury that:
1. I have read and understand Chapter 47 of the Montgomery County Code and the Executive Regulations, and I have been
provided access to a copy of these documents.
2. I
understand the conditions applicable to
vending activity.
3. I
agree to abide by all the rules and procedures set forth in these documents.
Signature of Applicant
Date
Printed Name of Applicant
HOLD HARMLESS AFFIDAVIT FOR THE PUBLIC RIGHT OF WAY - The contractor is responsible for any loss, personal injury, death
and any other damage (including incidental and consequential) that may be done or suffered by reason of the contractor's
negligence or failure to perfonm any contractual obligations. The contractor must indemnify and save the County hanmless from
any loss cost, damage and other expenses, including attorney's fees and litigation expenses, suffered or incurred due to the
contractor's negligence or failure to perfonm any of its contractual obligations.
If
requested by the County, the contractor must
defend the County in any action or suit brought against the County arising out of the contractor's negligence, errors, acts or
omissions under this contract. The negligence of any agent, subcontractor or employee of the contractor is deemed to be the
negligence of the contractor. For the purpose of this paragraph, County includes its boards, agencies, agents, officials and
employees.
.Signature of Applicant
Date
DATE
Witness
I
OFFICE USE ONLY
Approved:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Disapproved:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Date
Revoked:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
NOTES:
Page 2 of 2 Revised
9/9/2015
 PDF to HTML - Convert PDF files to HTML files
HS - Licensing - Mobile Food Service
Page 1 of2
Building A Heatthy, Safe and Strong Community
One Person at a Time
Food and Facilities Licensing
Licensing Services - Mobile Food Service Unit
Who must apply for a mobile unit license?
Anyone who plans to sell or give away food from a non-fixed location must first obtain a Montgomery
County Food Service License. The only exception to the law is the sale of fresh produce or live crustaceans.
What is a mobile unit?
A mobile unit is a truck, trailer or cart where food or drink is prepared, served or sold.
When must one apply for a mobile unit license?
A license must be obtained prior to operating. The application and fee are to be submitted at least
10
days
prior to an event. The mobile unit must pass an inspection before it can be licensed.
How does one obtain a mobile unit license?
Download, complete and return the Special Food Service Facility (Mobile Unit) License Application
Where are mobile units inspected?
Mobile Units must be inspected prior to licensing. Inspections are conducted at
255
Rockville Pike, MD
20850
What is a Base of Operation?
The mobile unit must have a base of operation. A base of operation must be from a licensed food service
facility. A private dwelling may not be used as a base of operation.
What must the Base ofOperation provide?
A base of operation must provide:
A source of potable water, potable water hoses and clean connections.
A method of disposal of sewage acceptable to the approving authority.
Clean, adequate, and covered trash receptacles.
Refrigerated and dry food storage areas, if needed.
Storage area for single service articles.
If necessary, utensil washing facility.
Fee
To determine the appropriate fees, please see the Fee Schedule
Process
http://www.montgomerycountymd.govIHHS-SpeciallLandRMobileFood.htm1
9/2112015
 PDF to HTML - Convert PDF files to HTML files
HS - Licensing - Mobile Food Service
Page 2 of2
• Submit the application, attachments, and appropriate fee. A letter from the base of operation (a licensed
food service facility) stating that the applicant has permission to use the facility for cleaning and storage
is required.
• Incomplete applications will be returned to the applicant.
• The mobile unit must be brought to
255
Rockville Pike, Rockville, MD
20850
for inspection prior to
operating.
If
the unit is to receive an annual license, upon passing the inspection, a special sticker will bE
attached to the unit. Mobile unit inspections are offered Monday through Friday, from
8:00
a.m. - noon
and
1:00
p.m. -
3:00
p.m.
• The license will be mailed to the applicant.
• A vendor's permit from the Department of Permitting Services may be required. They are located at
255
Rockville Pike,
2
nd
Floor, Rockville, Maryland
20850, 240-777-6256.
Personnel within the Licensure
&
Regulatory Services section are available to discuss questions during
regular working hours (Monday through Friday)
8:00
a.m. to
4:00
p.m. at
240-777-3986.
2
[ ISelect Language
(g
1
F1
Privacy Policy
I
User Rights
I
Accessibility
I
Language Translations
I
Social Media
I
County Code
Copyright 2015. Montgomery County Government All Rights Reserved.
http://www.montgomerycountymd.govIHHS-SpeciallLandRMobileFood.html
9/2112015
 PDF to HTML - Convert PDF files to HTML files
Montgomery County Department of Health and Human Services
Licensure and Regulatory Services
255 Rockville Pike, 1 Floor, Suite 100, Rockville, Maryland 20850
Phone: 240-777-3986 Fax: 240-777-3088
WNW.montgomerycountymd.govllicensure
ST
MOBILE FOOD SERVICE FACILITY LICENSE APPLICATION
(UNITS OPERATING AT A SITE SPECIFIC LOCATION MUST MOVE FROM LOCATION DAILY)
TODAY'S DATE: _ _ _ _ _ _ __
One Year License:
New
Name of Facility:
Trailer:
D
Renewal
0
D
90 Day License:
New
0
Renewal
0
D
(Operational dates printed on the license)
0
Motor Vehicle:
0
Cart:
Food Sold: Pre-Packaged Only
0
Open or Potentially Hazardous:
Motor Vehicle Tag No.: _ _ _ _ _ _ State:
VIN: _ _ _ _ _ _ _ Federal Tax ID:
Owner/Corporation Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Telephone No.:
Address of Owner/Corporation:
Working Hours and Days Open for Business:
Workers' Compensation Insurance Company Name:
Policy/Binder No.:
Check here
0
if this facility is operated by a sole proprietor with no employees, or by members of a partnership or LLC,
and a Certificate of Compliance has been obtained.
Base of Operation Name: _ _ _ _ _ _ _ _ _ _ _ _
~_
Telephone No.:
Base of Operation Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Contact Person at Base of Operation: _ _ _ _ _ _ _ _ _ _ _ _ __
Attach a copy of the establishment's current Health Department operating permit and an
original letter
signed by
the owner granting the applicant permission to use the facility as the Base of Operation.
I hereby certify that the above information is accurate and complete:
Signature of Owner or Agent
Printed Name
Payment Method:
0
Check
0
Money Order
0
Visa
0
Mastercard Make checks or money orders payable
to
"Montgomery County, Maryland".
Cash is not accepted. Credit card payments may be faxed to
240-777-4531 (confidential fax line).
Fee:
$._ _ __
Credit Card No: _ _ _ _ _ _ _ _ _ _ _ _ Exp. Date: _ __
3 Digit Security Code: _ _ _ Amount Charged:
$_ __
Credit Cardholder's Name: _ _ _ _ _ _ _ _ __
I agree to pay the indicated total amount according to card issuer agreement:
Cardholder's Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
LICENSES ARE NOT TRANSFERABLE FROM LOCATION TO LOCATION OR PERSON TO PERSON.
ALL LICENSES EXPIRE ONE YEAR AFTER DATE OF ISSUANCE.
OFFICE USE ONLY:
Date Issued: _ _ _ _ __
Receipt No:
Amount Paid: _ _ _ _ __
Check No.lMoney Order: _ _ _ _ _ _ Expires: _ _ _ _ _ __
Staff Initials: _ _ _ __
Revised 9/11
 PDF to HTML - Convert PDF files to HTML files
FEE SCHEDULE
Type of License
Fee
(A) Low Priority (Facilities that serve commercially packaged potentially hazardous foods directly
to the consumer; or non-potentially hazardous food that is cut, assembled, or packaged on the
premises, such as candy, popcorn, and baked goods; or hand dipped ice cream)
$200.00
I
(B) Moderate Priority (Facilities that serve potentially hazardous food that is prepared requiring the
$375.00
food to pass through the temperature danger zone, 41°F to 135°F, one time before service,
such as cooking, hot holding, and then serving; or facilities that cut, assemble, or package on
the j)remises, such as meats)
(C) High Priority (Facilities that serve potentially hazardous food that is prepared a day or more in $525.00
advance of service; or using food preparation methods that require the food to pass through the
temperature danger zone, 41°F to 135°F, two or more times before service, such as cooking,
cooling, and then reheating)
(F) Mobile Facilities, Event Series, or Seasonal or Pool Snack Bars operating for more than 14 $175.00
days but less than 90 days with operating dates printed on the license:
Revised 9/11