Council mulls code for food trucks

WORLAND - The Worland City Council is looking at rewriting a portion of Chapter 17 in the city code regarding itinerant vendors or merchants.

City Attorney Kent Richins said he was not asking for any action at Tuesday night's regular meeting but wanted to begin the discussion. "What I'm focusing in on tonight is essentially itinerant vendors, essentially the food trucks and things like that that are coming into town. I think they're starting to become a problem. It's hard to keep an eye on them, license them. They're just cropping up and moving on so we need to start a conversation on how to deal with these issues."

Under the chapter, transient or itinerant merchants are defined as "Any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within such city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in hotels, lodging houses, apartments, shops, or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction; provided, that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only."

When asked how the city polices the ordinance, Richins said it is up to the city if an employee or police officer sees a new vendor in town they can check if they have a permit. "Essentially they go to [City Clerk/Treasurer] Tracy [Glanz]. They fill out an application for the license. They are required to give their name, their local address, permanent address, name and address of the company ... and the state of their incorporation. They are required to give their fingerprints, at least three letters of recommendation from reliable property owners within the town. They need to have a good character reference and business responsibility reference."

Richins added, "So you can kind of see this is somewhat burdensome and perhaps a little overwhelming. So we do get the overnight fliers. How often do you want to give your fingerprints and ask someone about your character."

The city code also requires an itinerant merchant to disclose where and how long they will be selling their product, as well as additional information on the type of product and marketing.

"It's very cumbersome. And to be quite honest with you we don't enforce it and haven't enforced it over the years because it's really tough to do so. If you've notice we're starting to get more food trucks and vendors of all sorts coming into town," Richins said.

He added, "I see it two ways, one it's good for the community to have other choices but we also have food establishments that are located in town that pay property taxes, members of the community. And so, where do we draw the line on what we should and shouldn't allow and how we should require them to get a license and how it affects those who have restaurants here."

Council member Mandy Horath said, "I don't think we should be shutting the door on these things. The food trucks are the new, up-and-coming. That is the new thing. A lot of restaurants are closing their doors and going to food trucks. I think we need to do something but I don't I don't think we should make it so it's not possible for here."

Council Keith Gentzler asked about the farmers

market. There was also a question about the Pepsi Wyoming State BBQ Championship and Bluegrass Festival.

Richins said they have been looking at other communities and there is a variety of regulations including some with no regulations. He noted Worland's code is the most restrictive.

Lynn Murdoch, who is a barbecue food vendor, said food vendors are required to have health inspections. She said she is required to display the state license and any city license where she is selling.

Richins said, "That's another layer of protection. I think what we're trying to do is protect the citizens from, if they buy something that's bad or if they get sick."

Gentzler said, "It's kind of touchy because we don't want to curb growth but at the same time I can see your point of view if somebody comes in and opens up something and then drives off, the other restaurants in town, they're here seven days a week. It would cut into their business. I think it is something we need to look at."

Horath said, "I think we should look at it but we can't put a closed door to it." She noted waiting in line for fish and chips from On The Hook this winter. "That's a treat," she added. "Sorry, but it's a pleasure to have something different.

Currently, The Greek Station has come to Worland on a routine basis for the past two years. Mama Z's Boy Pizza comes to Worland every week. Produce vendors come periodically throughout the summer from out-of-state, and, most recently, On The Hook from Laramie offers fish and chips and came to Worland.

Last summer a hotdog stand set up in downtown Worland for a short time.

Council member Dennis Koch said, "I think what we need to is make it as costly for these people as another person doing business in this town, a regular restaurant. We have to set up some sort of fee or licensing process so that it is costing those people monetarily as much as a restaurant owner."

The current code calls for a $5 application fee and $35 license fee. Glanz said most pay just the $35 annual fee.

Murdoch said Cody had a $25 daily fee when she recently went to an event.

Richins will work with Glanz to get some sample ordinances and send those along with a copy of the current code to council members, with the issue to be discussed at an upcoming work session.

Chapter 17 also deals with peddlers who go door-to-door. Glanz said door-to-door peddlers do usually get permits at the city hall.