The Kosciusko Board of Aldermen adopted a proposal to amend the city’s food truck ordinance during its Nov. 2 meeting.
Pending approval of final language at the next aldermen’s meeting, the proposal would charge non-residential food trucks $250 and local food trucks $30 per year for permits to operate within the city limits.
Mayor Tim Kyle said food trucks are beginning to appear more in many communities, and this ordinance will help keep the playing field balanced for traditional “brick-and-mortar” restaurants and businesses.
“Food trucks are a great service, and it’s something different for people to do. We’ll 100 percent allow that, but you don’t want, in a certain aspect, for it to take away from your brick-and-mortar businesses,” said Kyle. “You’ve got to have a good balance.”
The biggest issue surrounding non-residential food trucks concerns sales tax. While an out-of-town food truck may be vending in Kosciusko, their monies accrued from sales tax go to the municipality where they are based. Each food truck is required to have a state-issued sales tax number, which makes it easy to identify which city is receiving the vendors’ sales tax money.
“It doesn't matter what community they're selling in; their state code will tell you which city that sales tax is going in. So, if they come up here to sell and they’re from Carthage, their sales tax is going to Carthage because that’s where they are based out of,” said Kyle. “So, that’s the reason we’re going up to $250 — to recover some of the sales tax money you’re not receiving because it’s going to another community.”
Food truck owners are required to hold a valid business permit from the City of Kosciusko and a food vending permit from the Mississippi Department of Health. Vendors will also be required to show proof of a valid insurance policy that provides minimum liability coverage of $300,000 per ice cream truck, $500,000 per mobile food preparation vehicle, and $500,000 per mobile pushcart, with the city named as an additional insurer.
“It’s really a liability thing to not only protect the city, but to protect the people that are eating there too,” said the mayor.
Other notable regulations include:
• Pushcarts or vehicles may only operate between 6:00 a.m. and 9 p.m. Cleanup and removal of the pushcart or vehicle must be completed by 9:30 p.m.
• Mobile food vendors are responsible for all waste and trash removal. The containment area must be kept clear of grease, trash, paper, cups, or cans associated with the operation. No liquid waste or grease is to be disposed of in the tree pits or onto sidewalks, streets, or other public places.
• Mobile food vendors shall not vend within 300 feet of elementary, middle, or high school grounds from one hour before school starts, during the time school is in session, or one hour after regular school hours end.
• Mobile pushcarts and mobile food preparation vehicles must be located at least 300 feet in all directions from the entrance to any non-mobile business selling food unless the owner of the other business gives notarized written permission for infringement of the area. Proof of permission must be filed with the signs and licenses division.
• Food trucks must not be locked or attached to trees, garbage receptacles, or street furniture. The vehicles are not allowed to locate within 20 feet of any bus stop or 10 feet of any fire hydrant. They are also not allowed to be within three feet of a building or structure — unless the sidewalk is more than 11 feet wide — or within any area which would block the view of traffic, traffic signals, or traffic signs.
• If a food truck plans to set up in a city parking lot, the vendor must notify the city. If the city hosts an event, vendors will have to move at least 300 feet away unless they are involved with the event.
“There’s got to be a fine line between food trucks and other stuff because people need brick and mortar places. They keep your community going, and that’s important to me,” said Kyle. “The food trucks are a good thing to have, too, because it gives people a variety and a choice, but in the meantime, you just can’t let anything and everything come on without some type of regulation.”
