AGENDA ITEM #4C
June 16,2015
Introduction
MEMORANDUM
June 12, 2015
TO:
FROM:
SUBJECT:
County Council
fJ:,
i
~
I
Josh Hamlin, Legislative
Attom~
Introduction:
Bill 32-15, Vendors - Hours and Places of Operation
Bill 32-15, Vendors - Hours and Places of Operation, sponsored by Lead Sponsors
Councilmembers Riemer and Navarro, and Co-Sponsor Council Vice President Floreen, is scheduled
to be introduced on June 16,2015. A public hearing is tentatively scheduled for July 14 at 1:30
p.m.
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 ofoperation 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, "sunset"
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 ChiefInnovation 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.
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
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the moming 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.} As part of the Council's consideration of the Bill, it
will be posted on https:llmontgomerycountvmd.mymadisonjo/ 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.
This packet contains:
Bill 32-15
Legislative Request Report
Circle
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http://opengovfou.ndation.org/the-madison-project!
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Bill No.
32-15
Concerning: Vendors -
Hours . and
Places of Operation
Revised: 04/0712015
Draft No. 1
Introduced:
June 16,2015
Expires:
December 16, 2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
_~
_ _ _ _ _ __
Sunset Date:
--u;No~n~e~
_ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Riemer and Navarro
Co-Sponsor: Council Vice President Floreen
AN
ACT to:
(l)
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 brackets]]
'* '* '*
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law uru4Jected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 32-15
1
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 to the general public.
[(b)
(1)]
Vendor
means any person who sells, offers to sell, or solicits
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3
4
5
6
7
8
9
10
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orders for any goods (including perishable foods) or services:
[(A)]ill
on any public street, sidewalk, or other public
12
property or right-of-way;
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14
15
[(B)]{2)
[(C)]Q)
door-to-door in a vehicle or on foot;
from a vehicle, or temporary stand or structure, that
is
parked or otherwise temporarily located while goods are
sold or services dispensed; or
[(D)](i}
from a pushcart or other slow-moving vehicle.
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[(2)] Vendor
does not include a person who:
[(A)]ill
is invited to a residence or business by pnor
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appointment with an owner or legal occupant of the
premises to provide goods or services to the owner or legal
occupant;
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25
[(B)]{2)
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
26
27
[(i)]
(A)
licensed under this Chapter; and
®
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BILL No. 32-15
28
[(ii)](ID
[(D)]
ill
[(E)]
ill
complies with the non-licensing provisions of
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31
this Chapter;
sells or solicits orders for goods or servIces to
businesses for use in the business or for resale;
is a participant in not more than 4 "garage" type
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sales in a calendar year;
[(F)]®
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;
[(G)](Z)
represents a:
charitable organization as defined in State law
[(i)]
(A)
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45
(Business Regulation Article, Section 6-101 );
[(ii)](ID
[(iii)](Q
[(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.
46
*
(d)
*
*
47
48
Except for a prearranged appointment or with the Director's approval, a
vendor other than
£!
vendor operating
£!
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.
49
50
51
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53
54
55
(e)
A vendor operating
£!
food service truck must not conduct business
before
.2.
a.m. nor after 10 p.m.
ill
Unless permitted 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
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BILL
No.
32-15
56
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right-of-way within 500 feet of any public or private elementary or
secondary school.
Approved:
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 of the Council
Date
G
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LEGISLATIVE REQUEST REPORT
Bi1132-15
Vendors
-
Hours and Places ofOperation
DESCRIPTION:
PROBLEM:
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 ofPermiUing 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
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