Mobile food vendor ordinance tabled, committee to study

 

November 26, 2023



In what appeared to be an effort to shorten the Alva City Council meeting, Mayor Kelly Parker announced a deadline for discussion of a proposed ordinance for licensing of food trucks and other itinerant merchants. The council was about 15 minutes into the 6:30 p.m. meeting, and Parker said they had until 7 p.m. to discuss this ordinance. He also asked that councilmembers offer solutions instead of commenting or criticizing.

Councilmember Troy Brooks asked about the 300-foot restriction clause on mobile vendors requiring signatures. He asked if this meant every time they set up, they had to get those signatures. City Business Manager Stephen Ford said licenses are good for one year so the requirement is to get the signatures once a year. The 300-foot restriction applies to schools, public or private, during regular school hours; businesses offering the same or similar products; restaurants; public parks; or an event issued an exclusive permit by the city.

Ford provided a sample permit application for mobile food vendors. License fees listed according to service provided are:

• Food Truck/Trailer $25 per year

• Pre-Packaged $25 per year

• Stationary Mobile Food for 1-120 days temporary use permit $250 per year

• Stationary Mobile Food for 121-365 days temporary use permit $500 per year

• Replacement of lost permit $5

• Background check for food vendors traveling residential areas $10

Councilmember Joe Parsons asked if any daily fees were offered, and Ford said no. Ford said the most important issues are that food trucks be health department certified and that they have a sales tax identification number. That way the city can check that sales tax is credited to Alva for sales made in Alva. Ford said he used an ordinance from Owasso and modified it for Alva.

Parsons said food trucks and mobile vendors are a good way for businesses to start so he doesn’t want to be too restrictive. He also asked about the difference between a mobile truck and a restaurant. Why does the mobile truck have to pay for a license? Ford said the fee is “to pay for the work that goes on in the office.”

Parker asked council members to state what they want changed. Brooks said he believes the license fee should be limited to $25 per year for stationary mobile food vendors.

As the 7 p.m. deadline was reached, Parker asked for a motion to table the proposed ordinance so he could assign it to the council’s ordinance committee. Brooks made a motion, seconded by Dowling, to table the ordinance, and the motion carried.

Parker said he was assigning the ordinance to the committee and asked council members to contact committee members with their questions and concerns. Members of the council’s ordinance committee are Parsons, Brooks and Daniel Winters.

One Gas Ordinance, Election

Councilmembers discussed Ordinance No. 2023-003 granting One Gas Inc., acting through its Oklahoma Natural Gas Division the right to sell, transmit and distribute natural gas within the City of Alva for 25 years and ordering an election. Mayor Parker said One Gas will pay for the election.

Parsons asked One Gas representatives if they operate in any towns that also allow propane use. It was explained that the One Gas agreement is non-exclusive and propane use would be subject to city ordinances.

Greg Bowman made a motion, seconded by Sadie Bier, to approve the ordinance. Brooks asked what would happen if the city did not approve the ordinance. Parker said the city would be out of compliance with state statutes. The motion passed unanimously.

The council also approved Resolution 2023-023 calling for an election regarding the proposed zero percent franchise to One Gas. Previously, the agreement included a franchise tax percentage that was charged to natural gas customers in the city and then paid to the city. At zero percent, this franchise does not add anything to customer bills. The election is set for Feb. 13, 2024.

OMAG Refund

The Oklahoma Municipal Assurance Group (OMAG) informed the city of $9,496.71 in escrow account funds available for refund or to be applied to the city’s OMAG policy premium. The city’s current escrow account balance is $49,157.02. Bier made a motion to apply the money to the OMAG policy premium, seconded by Brooks, and the motion carried.

Executive Session

The council held a brief executive session. When they returned to open session, Bier made a motion, seconded by Parsons, to join in the class action lawsuit against 3M and Dupont. The motion passed by unanimous vote.

Mayor Parker explained joining the class action will protect the city against any potential damage from chemicals produced by these two companies. He said the city has no knowledge of any damage, but if anything is found this action will protect the city.

AEDA Budget Amendment

During the Alva Economic Development Authority meeting, the trustees approved a budget amendment. The action will allow adding to revenue a grant received for the LED lighting upgrade project.

 

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