Upcoming ordinance affects food truck operations in Newton

Pending the city council’s approval of an upcoming mobile food unit ordinance, food truck operators will have to apply for a license with the City of Newton if they want to continue serving customers. The final draft of the proposed ordinance also states food trucks will be subject to inspection and maintain standards.

Newton City Council will review the first reading of the ordinance on Nov. 15.

Applications for an annual food truck license — similar to its existing peddlers/solicitors license — must be submitted no less than 10 business days prior to the proposed start date of sales, the ordinance states. In order for a license application to be accepted by the city, it must include the following:

• Full name of applicant and current contact information;

• State health inspection certificate, including the classification level of the state license;

• Basic plot plan of the proposed location of mobile food unit;

• Expressed written consent from property owner to use the premises;

• Duration of the operation;

• Details about the vehicle;

• Signature from the fire department on the application, confirming an approved inspection; and

• Completed application and appropriate fee(s)

According to the mobile food truck ordinance information published on the City of Newton’s website, the purpose of these rules are to ensure the safety and wellbeing of residents and taxpayers by licensing and regulating mobile food units. The city the ordinance is not meant to discourage food truck operations.

Instead, the city wants food truck operators to confirm compliance with all local, county, state and federal regulations, permits and requirements. City staff say the ordinance was modeled after other communities’ rules regarding mobile food units. Food truck operators will also have to work closely with the fire station.

If an application is accepted by the city, the vendor may schedule an inspection with the Newton Fire Department at least 48 hours prior to any planned operations. If the unit passes inspection, the application will be approved and finalized with a signature.

Also included in the final draft of the ordinance is the expectation that mobile food units will follower the operation guide established by the Iowa Department of Inspections and Appeals and the standards outlined by the food truck safety fact sheet provided by the National Fire Protection Association.

Food trucks cannot operate on public property or encroach on public rights-of-way unless involved in a special event authorized by the City of Newton. Property owners where the trucks are operating from are responsible for compliance and ensuring performance standards and safety measures are maintained.

Per the ordinance, food trucks must be parked on an off-street, all-weather surface and cannot impede access to and from ADA parking spaces. Food trucks also cannot operate on residential properties unless it is for a special event that was otherwise reviewed and approved by the city.

Food trucks can’t operate at one location three days in a row and will keep a minimum distance of separation from any structure or any other mobile food unit; they must also be 200 feet away from any brick-and-mortar restaurant within the corporate limits of Newton, unless the owner gives their written consent.

During a staff report at the Nov. 1 city council meeting, Erin Chambers, director of community development for the City of Newton, said food trucks are something residents are seeing more and more of lately. They bring “lots of vibrancy” to the community, particularly in places like downtown Newton and Legacy Plaza.

“However, right now, they are completely unregulated,” Chambers said. “So the planning and zoning commission and our department community development was asked to explore what other communities do and see if this is something we need to examine and have something on the books to deal with.”

The planning and zoning commission discussed the prospects of a food truck ordinance as early as March but wanted to hold off on any action until near the end of 2021.

Chambers mentioned the idea to the city council publicly in May. While many of the council members shared similar sentiments about the benefits food trucks bring to the community, they were equally as concerned for the property tax paying business owners and the safety measures involved.

Many of the food trucks that would be operating in Newton would be coming from the Des Moines metro communities, Chambers said. Which is why the ordinance was drafted to be as consistent to those metro ordinances. The city ultimately wants the regulations to be user-friendly.

“The proposed schedule would be at the next city council meeting,” Chambers said. “You would have the ordinance in front of you for a first reading, and then the schedule will be as follows for second reading on Dec. 6 and the third reading on Dec. 20.”

For more information or to provide feedback to the city about the ordinance, visit www.newtongov.org/foodtruckinfo. A webinar, a final draft of the proposed ordinance and other applicable documents are included on the web page.

Contact Christopher Braunschweig at 641-792-3121 ext. 6560 or cbraunschweig@newtondailynews.com