Vancouver City Council |
CITY OF VANCOUVER
POLICY REPORT
LICENSING
Date:
October 7, 2003
Author:
T. Hammel
Phone No.:
873-7370
RTS No.:
03652
CC File No.:
2630
Meeting Date:
October 23, 2003
TO:
Standing Committee on City Services and Budgets
FROM:
General Manager of Engineering Services
SUBJECT:
Mobile Food Vending on City Streets
RECOMMENDATION
A. THAT Council approve amendments to Street Vending By-law No. 4781 as outlined in this report to create a Mobile Food Vending category that would allow mobile food operations to sell drinks and pre-packaged foods incorporating the guidelines that currently apply to mobile ice cream vending and to restrict operators of mobile food vending units from operating within 50m of any user group selling concessions within a Park and from operating between 11:00pm and 7:00am.
B. THAT Council approve an amendment to the License By-law No. 4450 to establish a licensing category for Mobile Food Vending companies to cover mobile ice cream and other mobile food vending operations.
C. THAT Council authorize the Director of Legal Services to bring forward the appropriate by-law amendments to the Street Vending By-Law and License By-Law generally as set out in this report.
COUNCIL POLICY
Council, by way of Street Vending By-law No. 4781, regulates the use of City streets for commercial purposes.
Council, by way of License By-law No. 4450, regulates the payment of fees for business licenses in the City of Vancouver.
PURPOSE
This report proposes an amendment to Street Vending Bylaw No. 4781 to permit and regulate mobile food vending on City streets. Amendments to Licensing Bylaw No. 4450 are also proposed.
BACKGROUND
In August, 2003, staff received a draft business plan from the owner of the Java Jazz Mobile Café requesting permission to operate a mobile café service in the City of Vancouver.
According to the business plan, the owner plans to serve specialty coffees, teas, cold drinks and pre-packaged baked foods. Target customers would be spectators or participants in recreational pursuits, including activities such as baseball games, soccer, field hockey, hiking and walking. The service is intended to fill a niche, catering to customers who, due to their location, cannot otherwise access a hot beverage vending operation or café. The service would also be available on request for private events such as company gatherings, sporting events that aren't served by existing concessions and pre-arranged outdoor events. The business would operate from a 20 ft. converted van with an automated specialty coffee/tea beverage dispenser.
DISCUSSION
The proposed mobile café operation is not permitted under the current street vending bylaw. However, the operation would be very similar to mobile ice cream vending. In considering this type of operation, the same potential issues and considerations apply:
-Competition with fixed-address cafes and Park Board concessions
-Parking & safety issues
-Litter around the site
-Health considerations related to food vending
-Insurance and vehicle licensing
-Music/noise
-Potential security risk to the public and to neighbourhoodsAs many of the customers would be participants in events at City Parks, the Park Board was consulted about the proposal. Park Board staff are supportive of the service this would provide to park users providing the above issues are addressed. In parks, there is also a concern about potential competition with field user groups running their own small drink stalls and concessions as fund-raisers.
The current guidelines for Mobile Ice Cream Vending would address the above issues with the proposed mobile café vending operation. To deal with the possibility of competition with park user groups, it would be possible to incorporate a restriction which limits mobile vendors from operating closer than 50 meters to these groups. This is the same as the current restriction preventing mobile ice cream vendors from selling their products closer than 50 meters from a business selling the same or similar products.
Overall, staff support the proposed new mobile café service proposed by the owner of the Java Jazz Mobile Café and recommend that the category of Mobile Food Vending be created which would incorporate mobile ice cream vendors. Proposed guidelines for Mobile Food Vending are attached as Appendix A. These guidelines are similar to those that currently apply to mobile ice cream vending and would allow drinks and pre-packaged foods to be sold from mobile vending units in the City. Staff propose revising these guidelines to prohibit vendors from operating within 50m of a user group selling concessions in a Park. Staff also propose limiting hours of operation from 7:00am to 11:00pm to deal with Police concerns about the potential for street disturbances outside of bars at closing time.
A minor revision will be required to the License By-law to require a business license for mobile food vending businesses. This will incorporate the current licensing requirement for mobile ice cream businesses.
FINANCIAL IMPLICATIONS
There would be a minimal increase in revenues generated by permitting the proposed mobile food operation. No additional staffing or resource requirements are anticipated.
CONCLUSION
Staff support the proposal put forward by the owner of the Java Jazz Mobile Café and recommend that the Street Vending and Licensing By-laws be amended to incorporate this type of operation.
* * * * *
APPENDIX A
PAGE 1 OF 2
Proposed Guidelines for Mobile Food Vending,
to be included in the Street Vending By-law:
- Permits are issued for Mobile Food Vending on City streets and do not authorize Mobile Food Vending on or within the boundaries of any park,
park parking lot, beach, school or private property.
-Companies must obtain the following permits and licenses:
-Business license for the company at a fee of $147 for a new permit and $97 for renewals
-Permit for each mobile unit operated at a fee of $230 per motor vehicle and $115 per bicycle
-Permit for each operator of a mobile unit at fee of $0
-Approval of the Vancouver Coastal Health Authority for food vending arrangements
-Operators of mobile vending units must undergo an annual criminal record check
-Mobile Food Vending is not permitted:
- on any street, west of Main Street, in the downtown peninsula, as set out in the map below;
-on any night between the hours of 11:00pm and 7:00am
- on any street adjacent to or within one City block of any school between the hours of 8:00 AM-5:00 PM, on any school day;
- on any roadway marked with longitudinal paint lines for the control of traffic;
- within 50 metres (165 feet) of any business selling any same or similar product or of any user group selling concessions in a Park.
- Mobile Vending Units must:
- stop only while actively engaged in making a sale. When all customers have been served, the mobile unit must move to a new location;
- be legally parked when stopped;
- maintain clean work and storage areas, present a neat appearance and provide a garbage receptacle for the use of their customers;
- have someone in attendance at all times.
- Mobile Vending Unit Sound Systems must:
- be played at a level no higher than 65dBA when measured at 15 metres (50 feet) directly in front of the mobile unit;
- be set so the operator of the mobile unit cannot adjust it to a higher level;
- be shut off when the vehicle is stopped.