AGENDA ITEM #10
July 14,2015
Public Hearing
MEMORANDUM
July 10,2015
TO:
FROM:
SUBJECT:
County Council
/)(/
~./
Josh Hamlin, Legislative
Attom~
Public Hearing:
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-Sponsors Council Vice President Floreen, Council
President Leventhal, Councilmembers Katz, Rice and EIrich was introduced on June 16,2015. A
Planning, Housing and Economic Development Committee worksession will be scheduled at a
later date.
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, "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 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 infonnation and develop a solution that they feel will
allow food truck operators to better serve the growing market for their product.
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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 ofthe 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.
I
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.
This packet contains:
Bil132-15
Legislative Request Report
Circle
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1
5
F:\LAW\BILLS\1532 Vendors-Hours And Places QfOperation\PH Memo.Docx
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Bill No.
32-15
Concerning: Vendors -
Hours and
Places of Operation
Revised: 04/07/2015
Draft No. 1
Introduced:
June 16.2015
Expires:
December 16,2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
---!.!.No~n.!.::e=__
_ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
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 of operation 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 unaffected 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:
2
3
4
5
[(a)]
Director
means the Director of the Department of Permitting Services
or the Director's designee.
6
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)]
7
8
9
Vendor
means any person who sells, offers
to
sell, or solicits
10
11
orders for any goods (including perishable foods) or services:
[(A)]ill
on any public street, sidewalk, or other public
12
13
14
15
property or right-of-way;
[(B)]ru
door-to-door in a vehicle or on foot;
from a vehicle, or temporary stand or structure, that
[(C)]Q)
is parked or otherwise temporarily located while goods are
sold or services dispensed; or
[(D)]@
from a pushcart or other slow-moving vehicle.
16
17
18
19
[(2)] Vendor
does not include a person who:
[(A)]ill
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)]ru
22
23
takes orders solely for the delivery of newspapers,
24
25
or supplies or sells newspapers through newsrack:s;
[(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
complies with the non-licensing provisions of
29
30
31
32
33
this Chapter;
[(D)](1)
sells or solicits orders for goods or servIces to
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
[(F)](Q)
sells or offers to sell goods or servIces at an
35
36
37
agricultural fair, craft or antique show, trade show, or
similar exhibition if the sponsor of the show is licensed
under this Chapter;
[(G)]
ill
38
39
represents a:
charitable organization as defined in State law
[(i)]@
40
41
(Business Regulation Article, Section 6-101);
[(ii)]{ID
state or local government agency; or
franchisee under Chapter 8A; or
42
[(iii)]{Q
[(H)]®
43
44
45
IS participating in a government-sponsored or
sanctioned program or event.
47-2. Hours and places of operation.
46
47
*
(d)
vendor other than
~
*
*
~
Except for a prearranged appointment or with the Director's approval, a
vendor operating
food service truck must not
48
49
50
51
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.
(e)
52
A vendor operating
~
food service. truck must not conduct business
before
l
a.m. nor after 10 p.m.
53
54
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:\law\bills\1532 vendors-hours and places of operation\bill1.doc
55
o
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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
Approved:
61
Isiah Leggett, County Executive
Date
62
This is a correct copy o/Council action.
63
Linda M. Lauer, Clerk ofthe Council
Date
o
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LEGISLAriVE REQUEST REPORT
Bill 32-15
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 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
WITHIN
MUNICIPALITIES:
PENALTIES:
Violation of Chapter
47
is a class
A
violation
F:\LAW\BILLS\1532 Vendors-Hours And Places Of Operation\LEGISLATIVE REQUEST REPORT.Docx