Food truck ordinance tabled after questions over enforcement, fees and downtown limits

Local News X The Nashville Town Council tabled a proposed food truck ordinance Thursday, May 21, after questions were raised about how the town would enforce the rules, what fees vendors would pay and whether the draft would effectively keep food trucks out of the downtown area except during special events. Council President Andi Wilson said at the beginning of the discussion that the ordinance was only on the agenda for a first reading and was not in final form. The proposed ordinance would regulate mobile food vendors operating within Nashville. One of the major questions was where food trucks could operate, especially within the town’s Village District, where many restaurants and shops are located. The draft was written to restrict food trucks in that district except through special event permits. Before the council heard from the public, Council member Lance Miller raised a technical question about enforcement. He said the ordinance listed possible penalties but did not clearly say who would enforce it. Town Attorney Alyn Brown said the town marshal’s office would likely be the primary enforcement arm because it is the town’s enforcement division, but he also said leaving the language broad could allow different parts of the town government to handle different parts of the ordinance. Brown said if the ordinance specifically named the marshal’s office, that could limit enforcement to police. But some parts of the ordinance, such as suspending or revoking a permit, might fall more naturally to town administration. Miller said the ordinance should be clear so residents, business owners, vendors and town employees understand who is responsible. The second major issue was fees. Clerk-Treasurer Brenda Young said the draft included language saying a fee could be “not to exceed $150,” but the clerk’s office would need to know the actual amount to administer the fee properly and comply with State Board of Accounts expectations. Brown said he has been trying to move town fees into a separate fee schedule that could be approved and updated by the council, rather than writing every fee amount directly into each ordinance. That would allow the council to review and adjust fees from year to year without rewriting an entire ordinance. After enforcement and fees were discussed, the council turned to the larger policy question on whether food trucks should be allowed in the Village District and, if so, under what conditions. Council Member Scott Dick said he was concerned about the draft’s restriction on food trucks within the Village District. He said a future business, church or other entity might want to use a food truck for something more than a single special event, and the ordinance could prevent that. “I think I’m against that,” Dick said. Brown said the draft was written that way because earlier direction from the council had been to keep food trucks out of the Village District except during special events. Brown said the council could change that direction, but doing so would require more discussion. One concern raised during the council discussion was how food trucks might affect existing restaurants that pay rent, utilities, taxes and other costs year-round. Council member David Rudd said he would not want to own a restaurant in the Village District and have a food truck parked nearby every weekend, taking business. Council member Wilson said the council might consider a more limited approach, such as allowing food trucks once a month or once every two weeks and revisiting the ordinance after a trial period. Brown said the enforcement and fee changes would be easy to make, but changing the Village District restriction would require a separate and larger discussion. Andrew Tilton, owner of Brown County Kettle Corn, asked the council to include him in the work session because he operates what he described as the only food truck or trailer permanently in town. Tilton said he had considered moving to Tennessee, but after buying Reynolds Leather, he expects to remain in Nashville for a while. He said he would like to move his trailer behind Reynolds Leather and needs to know what would be required. “I would like to not be kicked out of town,” he said. Tilton said he is willing to make changes to his setup if needed, including making the trailer look more permanent. Council members discussed whether a trailer could become a more permanent structure if it had a deck or other improvements, similar to other setups in town. The discussion touched on whether such a use would fall under the Development Review Commission if it were in place longer than 60 days, or whether the new ordinance would change that process. Tilton said his larger concern was whether the ordinance would make food trucks impossible to operate in practice by allowing them only in areas without enough foot traffic. During the discussion, town officials indicated the realistic options outside the Village District could be very limited, such as the farmers market area at Brown County Inn, or by Brown County IGA or Bear Hardware. Tilton said those areas would not provide enough walk-by customers to make a food truck viable. He said food trucks can add variety to town and help draw visitors, rather than simply taking business from restaurants. “I think we need to have a long-term vision to bring tourism and vibrancy back to the community,” Tilton said. Lisa Hall also spoke about the difference between food truck customers and restaurant customers. She said her experience with food trucks at the Christkindl Market showed that food trucks serve some people who want a quick meal, while others still prefer to sit down inside a restaurant. “There are some people who want to grab a go,” Hall said. “They’re not going to be your dine-in crowd. And there are some people who definitely want to dine in.” She said food trucks at the Christkindl Market did not hurt existing restaurants. “I think there’s enough of different kinds of customers for everybody,” Hall said. Resident Jimmy Tilton urged the council to think about local residents as well as tourists and business owners. “A lot of our residents are older,” he said. “A lot of our residents don’t have a lot of money, we need more options for our local residents, healthy options, affordable options.” He said there may be a middle ground that allows food trucks on private property while keeping them off town streets or out of public parking spaces. He also said the proposed ordinance says it should not be interpreted as an outright ban, but in practice, he believed it would function that way. Tilton said food trucks could help both residents and visitors, especially families who may not want to wait an hour or two for a table during busy weekends. “They’re gonna be able to do a lot more shopping when they can grab and keep on moving, then have to say, well, the kids are hungry, let’s go back home,” Tilton said. Attorney Brown responded that towns do regulate private property uses through zoning and other rules, and Council member Miller said he and another council member had worked with a previous town attorney on the issue. Miller said many municipalities, especially those with historic districts, regulate where food trucks may operate. He said some communities are stricter than others, but most have some kind of boundary or designated area. After hearing the comments, the council agreed that the food truck ordinance needed more work before a first reading. Members decided to table the ordinance and hold a work session on June 11 at 5 p.m. at Town Hall. Featured Local Savings