New Albany planning to regulate food trucks

New Albany aldermen are scheduled to vote next month on an ordinance regulating food trucks and other types of mobile food vendors.

The city has seen an increase in this type of business and there is concern about vendors operating in inappropriate areas based on zoning and use.

The idea of such an ordinance has been talked about for more than a year and an early draft was created but the board did not follow up at the time.

Under the proposed ordinance, a food truck permit will not be granted unless the operator has a restaurant in New Albany or has a central kitchen somewhere approved by the Mississippi Department of Health.

An effort has been made to keep trucks from directly competing with established brick-and-mortar restaurants as well. Food trucks will have to stay at least 150 feet away from any entrance to a regular restaurant (unless the restaurant owner grants written permission).

Convenience stores that only sell pre-packaged food or non-heated food that is not prepared on site are exempt from this distance requirement but food trucks can’t operate within 300 feet of a school right before, during or after classes.

To qualify for a permit, one must be selling food or beverages from a motorized vehicle or cart more than 15 days a year. Push carts are not allowed, except by approval from the board of aldermen, tourism office or New Albany Main Street.

A food truck will not be allowed to sell alcohol other than as allowed by state law and can only sell food or beverages

Mobile food kitchens generally will only be allowed to operate in parts of the city zoned C-2 Commercial or Industrial. That means not in the central downtown area or in residential areas.

There may be exemptions for festival-type events.

Operating hours will be limited to 6 a.m. to 10 p.m. Thursday through Sunday.

Vendors will have to pass health department and code inspection and be responsible for their own utilities and cleanup. The fire department will also check the vehicle from a fire safety standpoint.

Permits must be renewed annually and all are non-exclusive. A permit costs $250 per year or $50 per day and each truck must pay a $25 licensing fee. There is also a $25 transient fee per truck every 90 days.

Vendors must have proof of $500,000 in liability insurance with the city as an additional insured.

Operators also, of course, must keep financial records and pay the seven-percent retail sales tax as well as two-percent tourism tax.

Violation of the ordinance would bring a fine up to $150 for the first offense, $250 for the second and $500 for the third and subsequent offenses. Each day of violation counts as a separate offense.

Members of the public can get copies of the proposed ordinance at City Hall and will have an opportunity to make comments before the ordinance is voted on.