HomeMy WebLinkAboutOrdinance 5699ORDINANCE NO. 5699
AN ORDINANCE TO REPEAL § 178.05 FOOD TRUCK LIMITED TIME
PERMITS AND ENACT A REPLACEMENT § 178.05 FOOD TRUCK AND
FOOD TRAILER LIMITED TIME PERMITS
WHEREAS, the initial implementation of the Food Truck Limited Time Permit
ordinance identified areas of concern that can be resolved by amending the ordinance; and
WHEREAS, creating a class of permits designed for both food trucks and food trailers
will provide additional opportunities for mobile vendors in the City of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas repeals § 178.05
Food Truck Limited Time Permits and enacts § 178.05 Food Truck and Food Trailer
Limited Time Permits as shown on Exhibit "A" attached hereto.
PASSED and APPROVED this 15'h day of July, 2014.
TTEST:
y: — J&" U"�' AV'i& -
SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT A
178.05 Food Truck and Food Trailer Limited Time Permits
(A) Purpose. This section's purpose is to create a
(d) The applicant agrees to move to a
process that allows food trucks and food trailers to
different location after a four (4) hour time
locate for a limited time on public and private
period. This time period includes onsite
property. Food trucks are defined as a motorized
set-up and break -down time. The
and operationally self-contained single vehicle
applicant agrees to move at least 325
equipped with facilities for cooking and selling
feet away or out of sight/view of their
food. Food trailers are defined as a mobile food
previous location once their initial 4 hour
unit designed to be towed on public roads and
time period has expired.
having an enclosed area for storage, handling or
preparation of food.
(e) The applicant agrees to not locate on the
same side of the street directly in front of
(B) Limited Time Permit for Parallel Parking Spaces.
an existing restaurant.
Food trucks may apply for a permit determined
through a lottery drawing by the Planning Division
(f) The applicant agrees to only vend
to locate for a limited time in a marked or
towards the sidewalk side of the street
delineated parallel public parking space.
and to keep the sidewalk unobstructed to
allow for free flow pedestrian movement
(1) The Planning Division will conduct a lottery in
along the street.
November each year for a total of three (3)
Limited Time Permits for locating in parallel
(g) The applicant agrees to locate on public
parking spaces on public roads. If more than
property such that they will not cause an
nine (9) lottery applications are made
unsafe traffic or pedestrian situation.
Planning Staff may increase the number of
permits issued not to exceed one third (1/3) of
(h) The applicant agrees not to set up in a
the total number of applications. Instances in
parking space adjacent to a parking pay
which 1/3 the total number of applications
station kiosk.
results in a fraction of 0.5 or higher, the
number of permits available shall be rounded
(i) Food trucks are prohibited from parking
up to the next whole number. These permits
or vending from angled on -street parking
shall be issued on January 1 sl and will extend
spaces and from public parking lots in the
until December 31st. Food trucks may apply
Entertainment District or the Downtown
and participate in this lottery every year.
Business District. Food trucks are
prohibited from parking in marked
(2) A Limited Time Permit for Parallel Parking
parallel parking spaces that are posted
Spaces may be approved administratively by
reserved for residential use.
the Planning Division after making the
following determinations:
(j) The City reserves the right to limit food
trucks from utilizing public parking
(a) The applicant has paid an annual $100
spaces during special events such as;
permit fee. Food trucks shall pay the
parades, Bikes, Blues and BBQ, etc.
appropriate fee for the time they are
Special event permits may be available
located in public parking spaces. The
to food trucks for certain events. Contact
food truck shall fit entirely within one
the City's Parking Division for special
marked parallel on -street parking space.
event permits.
(b) The applicant has provided a valid copy
(C) Limited Time Permit on Public Property. Food
of the County Health Department permit
trucks and food trailers may apply for a permit
and proof of remittance of HMR tax to the
determined through a lottery drawing by the
City of Fayetteville.
Planning Division to locate for a limited time on
public property excluding on -street marked
(c) The applicant has the responsibility to
parallel or angled parking spaces. Food trucks and
dispose of all wastes in accordance with
food trailers with this permit may also vend in City
all applicable laws. Food trucks are not
Parks with approval by the Parks and Recreation
permitted to dispose of their trash in
Director.
public trash receptacles.
(1) The Planning Division will conduct a lottery in
November each year for a total of three (3)
Limited Time Permits for locating on public
District or the Downtown Business
property. If more than nine (9) lottery
District. Food trucks and food trailers
applications are made Planning Staff may
are also prohibited from parking in
increase the number of permits issued not to
marked parking spaces that are posted
exceed one third (1/3) of the total number of
reserved for residential use.
applications. Instances in which 1/3 the total
number of applications results in a fraction of
(h) The City reserves the right to limit food
0.5 or higher, the number of permits available
trucks and food trailers from utilizing
shall be rounded up to the next whole
public parking spaces during special
number. These permits shall be issued on
events such as; parades, Bikes, Blues
January 1S' and will extend until December
and BBQ, etc. Special event permits
31St. Food trucks and food trailers may apply
may be available to food trailers for
and participate in this lottery every year.
certain events. Contact the City's
Parking Division for special event
(2) A Limited Time Permit on Public Property may
permits.
be approved administratively by the Planning
Division after making the following
determinations:
(D) Limited Time Permit on Private Property. Food
trucks and food trailers may be approved
(a) The applicant has paid an annual $100
administratively by the Planning Division for a
permit fee. Food trucks and food
Limited Time Permit to locate on private property
trailers shall fit entirely within no more
after meeting the following conditions:
than two parking spaces on public
property or in a City Park and shall pay
(1) The applicant has paid an annual $100 permit
the appropriate fee for the time they
fee, unless they are also the holder of a public
are located in public parking spaces.
property lottery permit and they have already
paid a $100 permit fee. Permits expire
(b) The applicant has provided a valid
December 31 s'
copy of the County Health Department
permit and proof of remittance of HMR
(2) The applicant has provided a valid copy of the
tax to the City of Fayetteville.
County Health Department permit and proof
of remittance of HMR tax to the City of
(c) The applicant has the responsibility to
Fayetteville.
dispose of all wastes in accordance
with all applicable laws. Food trucks
(3) The applicant has the responsibility to
and food trailers are not permitted to
dispose of all wastes in accordance with all
dispose of their trash in public trash
applicable laws. Food trucks and food trailers
receptacles.
are not permitted to dispose of their trash in
public trash receptacles.
(d) The applicant agrees to move to a
different location after a four (4) hour
(4) The applicant has agreed to move to a
time period. This time period includes
different property after a four (4) hour time
onsite set-up and break-down time.
period. This time period includes any onsite
The applicant agrees to move at least
set-up or break-down time.
325 feet away or out of sight/view of
their previous location once their initial
(5) The property is zoned to allow for food and
4 hour time period has expired.
beverage uses and the location meets all
applicable zoning requirements of the
(e) The applicant agrees to locate on
underlying zoning district. The property owner
public property such that they will not
for each location must provide a written
cause an unsafe traffic or pedestrian
statement giving the food truck or food trailer
situation.
operator permission to operate on the
property. A site plan shall be provided by the
(f) The applicant agrees not to set up in a
applicant or property owner for each
parking space adjacent to a parking
proposed site upon which the food truck or
pay station kiosk.
food trailler would like to temporarily locate.
The vendor shall keep these records up to
(g) Food trucks and food trailers are
date with the Planning Division.
prohibited from parking or vending
from on-street marked parallel or
(6) The applicant agrees to locate on private
angled parking spaces and from gated
property such that they will not cause an
public parking lots in the Entertainment
unsafe traffic or pedestrian situation.
cls ¢�
AGENDA REQUEST
3"til lS,zv�y
FOR: COUNCIL MEETING OF �4
FROM:
CITY COUNCIL MEMBER Matthew Petty
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO REPEAL § 178.05 FOOD TRUCK LIMITED TIME PERMITS
AND ENACT A REPLACEMENT § 178.05 FOOD TRUCK AND FOOD TRAILER
LIMITED TIME PERMITS
APPROVED FOR AGENDA:
x e . �� y
Ci yncil M ber atthew Petty Date
Assistant City Attorney Blake Pennington Date
(as to form)
Pennington, Blake
From: matt@matthewpetty.org on behalf of Matthew Petty - Fayetteville Ward 2
<citycouncil@matthewpetty.org>
Sent: Tuesday, July 01, 2014 3:14 PM
To: Pennington, Blake
Cc: Nierengarten, Peter
Subject: Re: Food trailer ordinance
This looks good. Thank you!
Would you please prepare it as an ordinance for me to send to the City Clerk?
On Tue, Jul 1, 2014 at 2:21 PM, Pennington, Blake <bpenningitonkfayetteville-ar. ov> wrote:
A little after lunch but here is a new draft. I have corrected Section C to be consistent and prohibit parking in
marked parallel spaces. I also added the prohibition against parking in gated lots.
The language in the ordinance regarding the P&R Director's authority is broad enough that she could establish
approved zones or, conversely, prohibited zones within park property, expecially with respect to safety and traffic
concerns. That language doesn't restrict any authority the P&R Director has with respect to the goings on in city
parks. If we added more specific language, I'm afraid that would begin to restrict her authority.
Blake E. Pennington
.Assistant City Attorney
Tele: (479.)575-8313
Upemungton(a fay etteville-ar.goe
From: matt@matthewpetty.org [mailto:matt@matthewpetty.org] On Behalf Of Matthew Petty - Fayetteville Ward
2
Sent: Monday, June 30, 2014 11:48 AM
To: Pennington, Blake
Cc: Nierengarten, Peter
Subject: Re: Food trailer ordinance
Welcome home, Blake.
Your first draft looks great. Just two clarifications and a question:
Section (C) is intended to allow trailers in non -marked parallel spaces. (C)(2)(g) prohibits all parallel
spaces. Let's make it consistent.
Add a prohibition against using gated public parking lots to (C).
I want to make sure the Parks and Rec Director has broad authority for denying a permit to anyone if
it would create a hazard or traffic issue. A concern has been raised about allowing trailers into the
cul de sac's at Wilson Park. With the way (C) is drafted, would the Parks and Rec Director have the
authority to deny the use of a cul de sac to a food trailer? Or do we need more specific language.?
I think that's it. Thanks for your help,
M
On Fri, Jun 27, 2014 at 10:16 AM, Matthew Petty - Fayetteville Ward 2 <citycouncilkinatthewpet ..org>
wrote:
Excellent. Thank you.
FYI, I'm going to go the other way on marked parallel spaces. I want food trailers to be able to use
unmarked spaces on streets (assuming appropriate zoning, etc).
Re: cul de sacs in parks - this makes sense and should be handled through the "requires advance
permission of the Parks and Rec director or designee" clause. I recommend parks staff develop a standard
checklist for those phone calls which includes questions about where they plan to locate and truck/trailer
status.
On Thu, Jun 26, 2014 at 5:20 PM, Nierengarten, Peter <pnieren ag rtenkfayetteville-ar.gov> wrote:
Hi Matthew,
Thanks for the opportunity to provide comments! Parks indicated that they are generally ok with the proposed
change. Their only concern is that food trailer not be allowed in the dead-end cul-de-sac streets at Wilson Park,
since turning around would be a major issue for a trailer. That appears to be covered in Section C2g which states
that they are prohibited from parking or vending in parallel or angled on -street parking spaces. I did propose a
slight change in the description of Section C so that it is consistent with C2g by deleting the word "marked" with
reference to parallel or angled parking spaces.
Also in Section C — Limited Time Permit on Public Property, this section appears to be worded to allow Food
TmilPrr in PiiWirly nIA/nmrl Parleina I rite — I'm not euro if+hiC ininC -1 in+on+inn — nn+ C., 1 —1— ...*.+h Cl--
Waters about whether or not trailer could practically fit in public parking lots with gates and she expressed some
concern. She said that trailers going into the gated lots are not allowed because it messes up the loop detection
on the gate equipment. Thus when a vehicle enters with a trailer attached, the gate closes down before the
trailer passes through completely causing damage to the trailer as well as our gate equipment. So, based on
Sharon's feedback we may need to talk about the logistics of allowing Food Trucks in gated parking lots.
regards
Peter Nierengarten
Sustainability & Resilience Department Director
City of Fayetteville, Arkansas
479.575.8272
From: matt@matthewpetty.org [mailto:matt@matthewpetty.org] On Behalf Of Matthew Petty - Fayetteville
Ward 2
Sent: Tuesday, June 24, 2014 4:08 PM
To: Nierengarten, Peter
Cc: Garner, Andrew; Pate, Jeremy; Marr, Don; Edmonston, Connie; Jumper, Alison
Subject: Re: Conversation with food trailer owner
Hi Peter,
I already have a draft ready to go from Blake (attached). Also, based on this email from Jeremy on May
23 (pasted after my signoff), I am pretty much ready to go. I expect Alan to bring forward an amendment
to allow trailers in marked parallel spaces when this is introduced (and I expect it to fail, but perhaps the
vote will be close or I am just wrong).
At this stage I'm not going to make any material changes to the framework Blake has drafted, but I would
appreciate your comments on this draft as they relate to process and form. I plan to submit this to the
clerk next week, barring something unforeseen. I am framing this as an oversight correction.
Best,
M
---------- Pasted message ----------
From: Pate, Jeremy <jpate .fayetteville-ar.gov>
Date: Fri, May 23, 2014 at 1:20 PM
Subject: RE: FW: Food trucks vs Food trailers
To: Matthew Petty - Fayetteville Ward 2<citycouncil(a)matthewpetty.orq>, "Olson, Leif' <lolson(cr�fayetteville-
ar.gov>, "Garner, Andrew" <agarnera-fayetteville-ar.gov>, "Pennington, Blake" <bpennington fayetteville-
ar.gov>, Alan Long <longward4(o)_gmail.com>
I don't believe we have a concern with trailers on private property, whether they issued temporary, long-term or
bumping permits. I think we would also be open to allowing trailers in public parks through the lottery process, if
there is adequate space for them, subject to Parks approval like any other vendor that wins a lottery ticket.
-Jeremy
--- End pasted message ---
On Tue, Jun 24, 2014 at 3:51 PM, Nierengarten, Peter <pnieren ag rtengfEetteville-ar, oovv> wrote:
Hi Matt,
Thanks for including us in this conversation! Could you let us know when you anticipate bringing forward the
amendments you mentioned below?
Staff generally agrees with the safety concerns that you expressed related to trying to parallel park food trailers
and therefore we do not support allowing them in on street parallel parking spaces. I think we'd be open to
discussing allowing trailers on private property, but we would need to balance that with trying to keep the
nuances of the ordinance from becoming too complicated to understand and explain.
Regarding trailers in Parks, I think we need to let Connie's team weigh in on that.
Peter Nierengarten
Sustainability & Resilience Department Director
City of Fayetteville, Arkansas
479.575.8272
ORDINANCE NO.
AN ORDINANCE TO REPEAL § 178.05 FOOD TRUCK LIMITED TIME
PERMITS AND ENACT A REPLACEMENT § 178.05 FOOD TRUCK AND
FOOD TRAILER LIMITED TIME PERMITS
WHEREAS, the initial implementation of the Food Truck Limited Time Permit
ordinance identified areas of concern that can be resolved by amending the ordinance; and
WHEREAS, creating a class of permits designed for both food trucks and food trailers
will provide additional opportunities for mobile vendors in the City of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas repeals § 178.05
Food Truck Limited Time Permits and enacts § 178.05 Food Truck and Food Trailer
Limited Time Permits as shown on Exhibit "A" attached hereto.
PASSED and APPROVED this day of , 2014.
APPROVED: ATTEST:
IC
LIONELD JORDAN, Mayor
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT A
178.05 Food Truck and Food Trailer Limited Time Permits
(A) Purpose. This section's purpose is to create a
(d) The applicant agrees to move to a
process that allows food trucks and food trailers to
different location after a four (4) hour time
locate for a limited time on public and private
period. This time period includes onsite
property. Food trucks are defined as a motorized
set-up and break -down time. The
and operationally self-contained single vehicle
applicant agrees to move at least 325
equipped with facilities for cooking and selling
feet away or out of sight/view of their
food. Food trailers are defined as a mobile food
previous location once their initial 4 hour
unit designed to be towed on public roads and
time period has expired.
having an enclosed area for storage, handling or
preparation of food.
(e) The applicant agrees to not locate on the
same side of the street directly in front of
(B) Limited Time Permit for Parallel Parking Spaces.
an existing restaurant.
Food trucks may apply for a permit determined
through a lottery drawing by the Planning Division
(f) The applicant agrees to only vend
to locate for a limited time in a marked or
towards the sidewalk side of the street
delineated parallel public parking space.
and to keep the sidewalk unobstructed to
allow for free flow pedestrian movement
(1) The Planning Division will conduct a lottery in
along the street.
November each year for a total of three (3)
Limited Time Permits for locating in parallel
(g) The applicant agrees to locate on public
parking spaces on public roads. If more than
property such that they will not cause an
nine (9) lottery applications are made
unsafe traffic or pedestrian situation.
Planning Staff may increase the number of
permits issued not to exceed one third (1/3) of
(h) The applicant agrees not to set up in a
the total number of applications. Instances in
parking space adjacent to a parking pay
which 1/3 the total number of applications
station kiosk.
results in a fraction of 0.5 or higher, the
number of permits available shall be rounded
(i) Food trucks are prohibited from parking
up to the next whole number. These permits
or vending from angled on -street parking
shall be issued on January 1 st and will extend
spaces and from public parking lots in the
until December 31St. Food trucks may apply
Entertainment District or the Downtown
and participate in this lottery every year.
Business District. Food trucks are
prohibited from parking in marked
(2) A Limited Time Permit for Parallel Parking
parallel parking spaces that are posted
Spaces may be approved administratively by
reserved for residential use.
the Planning Division after making the
following determinations:
(j) The City reserves the right to limit food
trucks from utilizing public parking
(a) The applicant has paid an annual $100
spaces during special events such as;
permit fee. Food trucks shall pay the
parades, Bikes, Blues and BBQ, etc.
appropriate fee for the time they are
Special event permits may be available
located in public parking spaces. The
to food trucks for certain events. Contact
food truck shall fit entirely within one
the City's Parking Division for special
marked parallel on -street parking space.
event permits.
(b) The applicant has provided a valid copy
(C) Limited Time Permit on Public Property. Food
of the County Health Department permit
trucks and food trailers may apply for a permit
and proof of remittance of HMR tax to the
determined through a lottery drawing by the
City of Fayetteville.
Planning Division to locate for a limited time on
public property excluding on -street marked
(c) The applicant has the responsibility to
parallel or angled parking spaces. Food trucks and
dispose of all wastes in accordance with
food trailers with this permit may also vend in City
all applicable laws. Food trucks are not
Parks with approval by the Parks and Recreation
permitted to dispose of their trash in
Director.
public trash receptacles.
(1) The Planning Division will conduct a lottery in
November each year for a total of three (3)
Limited Time Permits for locating on public
District or the Downtown Business
property. If more than nine (9) lottery
District. Food trucks and food trailers
applications are made Planning Staff may
are also prohibited from parking in
increase the number of permits issued not to
marked parking spaces that are posted
exceed one third (1/3) of the total number of
reserved for residential use.
applications. Instances in which 1/3 the total
number of applications results in a fraction of
(h) The City reserves the right to limit food
0.5 or higher, the number of permits available
trucks and food trailers from utilizing
shall be rounded up to the next whole
public parking spaces during special
number. These permits shall be issued on
events such as; parades, Bikes, Blues
January 1s' and will extend until December
and BBQ, etc. Special event permits
31st. Food trucks and food trailers may apply
may be available to food trailers for
and participate in this lottery every year.
certain events. Contact the City's
Parking Division for special event
(2) A Limited Time Permit on Public Property may
permits.
be approved administratively by the Planning
Division after making the following
determinations:
(D) Limited Time Permit on Private Property. Food
trucks and food trailers may be approved
(a) The applicant has paid an annual $100
administratively by the Planning Division for a
permit fee. Food trucks and food
Limited Time Permit to locate on private property
trailers shall fit entirely within no more
after meeting the following conditions:
than two parking spaces on public
property or in a City Park and shall pay
(1) The applicant has paid an annual $100 permit
the appropriate fee for the time they
fee, unless they are also the holder of a public
are located in public parking spaces.
property lottery permit and they have already
paid a $100 permit fee. Permits expire
(b) The applicant has provided a valid
December 31 si
copy of the County Health Department
permit and proof of remittance of HMR
(2) The applicant has provided a valid copy of the
tax to the City of Fayetteville.
County Health Department permit and proof
of remittance of HMR tax to the City of
(c) The applicant has the responsibility to
Fayetteville.
dispose of all wastes in accordance
with all applicable laws. Food trucks
(3) The applicant has the responsibility to
and food trailers are not permitted to
dispose of all wastes in accordance with all
dispose of their trash in public trash
applicable laws. Food trucks and food trailers
receptacles.
are not permitted to dispose of their trash in
public trash receptacles.
(d) The applicant agrees to move to a
different location after a four (4) hour
(4) The applicant has . agreed to move to a
time period. This time period includes
different property after a four (4) hour time
onsite set-up and break-down time.
period. This time period includes any onsite
The applicant agrees to move at least
set-up or break-down time.
325 feet away or out of sight/view of
their previous location once their initial
(5) The property is zoned to allow for food and
4 hour time period has expired.
beverage uses and the location meets all
applicable zoning requirements of the
(e) The applicant agrees to locate on
underlying zoning district. The property owner
public property such that they will not
for each location must provide a written
cause an unsafe traffic or pedestrian
statement giving the food truck or food trailer
situation.
operator permission to operate on the
property. A site plan shall be provided by the
(f) The applicant agrees not to set up in a
applicant or property owner for each
parking space adjacent to a parking
proposed site upon which the food truck or
pay station kiosk.
food trailler would like to temporarily locate.
The vendor shall keep these records up to
(g) Food trucks and food trailers are
date with the Planning Division.
prohibited from parking or vending
from on-street marked parallel or
(6) The applicant agrees to locate on private
angled parking spaces and from gated
property such that they will not cause an
public parking lots in the Entertainment
unsafe traffic or pedestrian situation.
EXHIBIT A
Food Truck and Food Trailer Limited Time Permits
This
(A) Purp e. This section's purpose is to create a
(d) The applicant agrees to mov to a
proces allows food trucks and food trailers to
different location after a four (4) our time
locate fo a limited time on public and private
period. This time period incl es onsite
property. od trucks are defined as a motorized
set-up and break -down time. The
and operati ally self-contained single vehicle
applicant agrees to mo v at least 325
equipped with facilities for cooking and selling
feet away or out of s' ht/view of their
food. Food trai rs are defined as a mobile food
previous location one their initial 4 hour
unit designed to a towed on public roads and
time period has exp' ed.
having an enclose refor storage, handling or
preparation of food.
(e) The applicant a ees to not locate on the
same side of a street directly in front of
(B) Limited Time Permit for rallel Parking Spaces.
an existing r staurant.
Food trucks may apply fo a permit determined
through a lottery drawing by a Planning Division
(f) The ap icant agrees to only vend
to locate for a limited time in a marked or
toward the sidewalk side of the street
delineated parallel public parkin space.
and keep the sidewalk unobstructed to
all for free flow pedestrian movement
(1) The Planning Division will con ct a lottery in
ng the street.
November each year for a tota f three (3)
Limited Time Permits for locating in parallel
( The applicant agrees to locate on public
parking spaces on public roads. If re than
property such that they will not cause an
nine (9) lottery applications are made
unsafe traffic or pedestrian situation.
Planning Staff may increase the num r of
permits issued not to exceed one third (1/ of
(h) The applicant agrees not to set up in a
the total number of applications. Instances '
parking space adjacent to a parking pay
which 1/3 the total number of applications
station kiosk.
results in a fraction of 0.5 or higher, the
number of permits available shall be rounded
(i) Food trucks are prohibited from parking
up to the next whole number. These permits
or vending from angled on -street parking
shall be issued on January 1st and will extend
spaces and from public parking lots in the
until December 31St. Food trucks may apply
Entertainment District or the Downtown
and participate in this lottery every year.
Business District. Food trucks are
prohibited from parking in marked
(2) A Limited Time Permit for Parallel P ing
parallel parking spaces that are posted
Spaces may be approved administrati ely by
reserved for residential use.
the Planning Division after ma 'ng the
following determinations:
The City reserves the right to limit food
trucks from utilizing public parking
(a) The applicant has paid an annual $100
spaces during special events such as;
permit fee. Food truck shall pay the
rades, Bikes, Blues and BBQ, etc.
appropriate fee for 6 time they are
S cial event permits may be available
located in public pa ing spaces. The
to fo d trucks for certain events. Contact
food truck shall fi entirely within one
the C s Parking Division for special
marked parallel o -street parking space.
event p mits.
(b) The applicant/�tas provided a valid copy
of the CountW Health Department permit
(C) Limited Time Permit n Public Property. Food
and proof of remittance of HMR tax to the
trucks and food trailers ay apply for a permit
City of F%etteville.
determined through a I ery drawing by the
Planning Division to locate r a limited time on
(c) The applicant has the responsibility to
public property excluding -street marked
disfi°ose of all wastes in accordance with
parallel or angled parking spaces. ood trucks and
alb applicable laws. Food trucks are not
food trailers with this permit may al vend in City
,%permitted to dispose of their trash in
Parks with approval by the Parks an ecreation
public trash receptacles.
Director.
(1) The Planning Division will conduct a lottery in
November each year for a total of three (3)
Limited Time Permits for locating on public
property. If more than nine (9) lottery
applications are made Planning Staff may
ncrease the number of permits issued not to
e ceed one third (1/3) of the total number of
ap 'cations. Instances in which 1/3 the total
num r of applications results in a fraction of
0.5 or 'her, the number of permits available
shallbe rounded up to the next whole
number. ese permits shall be issued on
January1St nd will extend until December
31St. Food tru s may apply and participate in
this lottery eve ear.
(2) A Limited Time Per it on Public Property may
be approved adminis atively by the Planning
Division after ma 'ng the following
determinations:
(a) The applicant has pa an annual $100
permit fee. Food tru ks and food
trailers shall fit entirely w in no more
than two parking spaces on public
property or in a City Park an hall pay
the appropriate fee for the ti they
are located in public parking spa s.
(b) The applicant has provided a va
copy of the County Health Departmen
permit and proof of remittance of HMR
tax to the City of Fayetteville.
(c) The applicant has the responsibility to
dispose of all wastes in accordanc
with all applicable laws. Food tru s
and food trailers are not permi d to
dispose of their trash in publ' trash
receptacles.
(d) The applicant agrees move to a
different location after a four (4) hour
time period. This ti period includes
onsite set-up an break -down time.
The applicant a rees to move at least
325 feet awa or out of sight/view of
their previo s location once their initial
4 hour ti period has expired.
/(e,pplicant agrees to locate on
property such that they will not
an unsafe traffic or pedestrian
n.
plicant agrees not to set up in a
g space adjacent to a parking
tion kiosk.
(g) Food trucks and food trailers are
prohibited from parking or vending
from on -street marked parallel or
angled parking spaces and from gated
public parking lots in the Entertainment
District or the Downtown Business
District. Food trailers are also
prohibited from parking in marked
parking spaces that are posted
reserved for residential use.
(h) The City reserves the right to limit f d
trucks and food trailers from u ' zing
public parking spaces durin pecial
events such as; parades, Bi s, Blues
and BBQ, etc. Speciale ent permits
may be available to f d trailers for
certain events. Co act the City's
Parking Division or special event
permits.
(D) Limited Time Perm* on Private Property. Food
trucks and food trailers may be approved
administratively y the Planning Division for a
Limited Time ermit to locate on private property
after meeti the following conditions:
(1) T applicant has paid an annual $100 permit
e, unless they are also the holder of a public
property lottery permit and they have already
paid a $100 permit fee. Permits expire
December 31St
(2) The applicant has provided a valid copy of the
County Health Department permit and proof
of remittance of HMR tax to the City of
Fayetteville.
(3) The applicant has the responsibility to
dispose of all wastes in accordance with all
applicable laws. Food trucks and food trailers
are not permitted to dispose of their trash in
ublic trash receptacles.
(4) Th applicant has agreed to move to a
diffe nt property after a four (4) hour time
period. This time period includes any onsite
set-up o break -down time.
(5) The propert is zoned to allow for food and
beverage us and the location meets all
applicable zo ' g requirements of the
underlying zoning istrict. The property owner
for each location ust provide a written
statement giving the od truck or food trailer
operator permission operate on the
property. A site plan shall a provided by the
applicant or property o ner for each
proposed site upon which th food truck or
food trailler would like to temp rily locate.
The vendor shall keep these re"
rds up to
date with the Planning Division.
(6) The applicant agrees to locate on private
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
T**,��S-P-"- EIRSUC
THE MORNING NEWS OF ROGERS
NORTHWEST ARKANSAS TIMES
BEN
TON COUNTY DAILY RECORD
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442.1700 1 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of.
City of Fayetteville -
Ord. 5699
Was inserted in the Regular Editions on:
July 24, 2014
Publication Charges: $ 64.85
Karen Caler
Subscribed and sworn to before me
This day of , 2014.
Notary Public
My Commission Expires:ao, y,
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
* *NOTE*
Please do not pay from Affidavit. Invoice will be sent.
JUL 25 219
CITY OF FAYEli'f�y�f((�t�
CITY CLERK!RA