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Mobile Vending Ordinances

Mobile Vending Ordinances. Alfonso Morales, PhD Assistant Professor, University of Wisconsin Urban and Regional Planning Gregg Kettles, JD Professor, Mississippi College School of Law Visiting Professor, Loyola Law School Los Angeles, 2008-2009 Creating Healthy Mobile Vending Policies

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Mobile Vending Ordinances

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  1. Mobile Vending Ordinances Alfonso Morales, PhD Assistant Professor, University of Wisconsin Urban and Regional Planning Gregg Kettles, JD Professor, Mississippi College School of Law Visiting Professor, Loyola Law School Los Angeles, 2008-2009 Creating Healthy Mobile Vending Policies A Built Environment Technical Assistance call Produced by Planning for Healthy Places October 14, 2008

  2. Ordinances regarding:1. Vendor Location 2. Kinds of Food Sold

  3. Vendor Location • Limits on city government: state law

  4. Vendor Location • Limits on city government: state law • Vehicle Code

  5. Vendor Location • Limits on city government: state law • Vehicle Code • “for public safety”

  6. Vendor Location • Limits on city government: state law • Vehicle Code • “for public safety” • “regulation” vs. “prohibition”

  7. Vendor Location • Limits on city government: state law

  8. Vendor Location • Limits city government: state law • City rules on vendor location

  9. Vendor Location • Limits on city government: state law • City rules on vendor location • where in the city?

  10. Finely Slicedvs.Generally Described

  11. Finely Sliced Every food vendor is prohibited from vending . . . on Lexington Avenue . . . between East 40th to East 57th Street, Monday through Saturday, 8 a.m. to 7 p.m.; between East 58th to East 60th Street, Monday through Saturday, 8 a.m. to 9 p.m.; between East 61st to East 69th Street, Monday through Saturday, 8 a.m. to 6 p.m. New York City Administrative Code, Title 17, § 17-315

  12. Generally Described “The permit operating area must be within a commercial zone.” Portland (OR) Code § 17.26.050

  13. Vendor Location • Limits on city government: state law • City rules on vendor location • where in the city?

  14. Vendor Location • Limits on city government: state law • City rules on vendor location • where in the city? • where on the street?

  15. Bright Line Rulesvs.Flexible Standards

  16. Bright Line Rules Every food vendor is restricted to vending . . . • So as to leave at least 12 feet of sidewalk width, when vending on the sidewalk • At least 20 feet from the entrance to any building, store, theater, movie house, sports arena, or other place of public assembly • At least 10 feet from any driveway, subway entrance/exit, or crosswalk at any intersection New York City Administrative Code Title 17, § 17-315

  17. Flexible Standards No vendor shall “restrict or interfere with the ingress or egress of the abutting owner or tenant, or in such a way as would create or become a nuisance or hazard to public health, safety or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, or sanitation vehicles.” Philadelphia Code § 9-206(9)(a)

  18. Vendor Location • Limits on city government: state law • City rules on vendor location • where in the city? • where on the street?

  19. Ordinances regarding:1. Vendor Location 2. Kinds of Food Sold

  20. Kinds of Food Sold • Limits on city government: state food code

  21. Kinds of Food Sold • Limits on city government: state food code • Focus on food-borne illnesses

  22. Kinds of Food Sold • Limits on city government: state food code • Focus on food-borne illnesses • Make it difficult to sell some kinds of food through mobile vending

  23. Kinds of Food Sold • Limits on city government: state food code • Focus on food-borne illnesses • Make it difficult to sell some kinds of food through mobile vending • City rules on kinds of food sold

  24. Kinds of Food Sold • Limits on city government: state food code • Focus on food-borne illnesses • Make it difficult to sell some kinds of food through mobile vending • City rules on kinds of food sold • Not common beyond state food code

  25. Kinds of Food Sold • Limits on city government: state food code • Focus on food-borne illnesses • Make it difficult to sell some kinds of food through mobile vending • City rules on kinds of food sold • Not common beyond state food code • Beware of veto by power by neighbor

  26. Kinds of Food Sold • Permitting and Licensing examples • Chicago • Chicago Park District • Maxwell Street Market • Farmer’s markets

  27. Kinds of Food Sold • Madison, WI • Proliferation of licenses – promotes flexibility, experimentation, and multiple users • http://www.cityofmadison.com/Business/streetvending/applicationVendors.cfm 

  28. Talking to Planners about Healthy Food • A “living” glossary found at: • http://polisci.wisc.edu/wiki/index.php?title=Main_Page • We would like your response on this with suggestions of terms to define RIGHT NOW, and terms to add to the list.

  29. Talking to Planners about Healthy Food • Other resources • APA Planning Advisory Service reports • Integrating Planning and Public Health (PAS 539/540) • PAS 554 A Planners Guide to Community and Regional Food Planning • There is also our work on the web…

  30. www.openair.org

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