The topic of food trucks or refreshment vehicles was back before Huntsville Council at its May 25 meeting.
Staff noted that the intent of the Business Licensing Bylaw related to food trucks needs to be cleaned up but suggested that things remain status quo until the end of the season on October 31.
“I don’t think the time to do that is now. The season has started. If we kind of let this ride out, the licenses run from May 1st to October 31st so after that I’d be more than happy to look at the bylaw, bring another report, see what we can do to… even the playing field,” chief bylaw enforcement officer Andrew Stillar told council.
He said among the policies that should be considered is a section of the Business Licensing Bylaw that states that only one business licence category shall be issued per property, which is the reason more than one food cart on a property requires an exemption to the bylaw and council’s approval.
There is also a section of the bylaw that speaks specifically to refreshment vehicles, and states that the provision of one business license category per property does not apply to properties that contain a restaurant.
He said the intent of that section is to allow the owner or owners of a restaurant to have a food truck on the property related to their restaurant.
“What’s going on today at the property in question on the river was not the intent of that section,” he told council, referring to the food trucks beside Boston Pizza.
In his report, Stillar stated that “Staff have no concerns with two, or more, Refreshment Vehicles operating on the same property as long as there is sufficient parking and they offer significantly different food items for sale. When the by-law was created in 2017, discussions concerning competition did occur.”
He also noted that more than one refreshment vehicle on the same property can be addressed by “ensuring they offer significantly different food items for sale, the sites selected are large enough to safely accommodate the businesses, appropriate separation distances are implemented, and functionality of the site and adequate room for public access is being maintained.”
Councillor Bob Stone questioned when council could expect “a fulsome report back with potential changes to the bylaw.” Stillar said he could have a report ready sometime in November after the season ends on October 31.
“As I said the season has started. I don’t know if it’s fair to change the bylaw, make a new bylaw, make changes to it and then have to go knock on someone’s door and say you have to leave,” said Stillar.
“I would agree,” said Stone “But it will be done this year?” Stillar replied that it would, probably in November.
“I would agree with Andrew’s take on this, that’s the proper procedure,” said Councillor Brian Thompson. “As he mentioned, this year started and so let’s have a good look at this and get everything fixed and figured out after October 31st.”
Councillor Dione Schumacher agreed. “Let it go for this year and take a good look in the fall.” She also wanted to know how food carts on public property are treated, like the one at the public beach in Port Sydney. Stillar said such permissions would absolutely have to go before council for approval.
“I look forward to cleaning up whatever needs to be cleaned up late this fall,” said Huntsville Mayor Karin Terziano.
Staff also recommended that for the remainder of the 2021 season council delegate to the director of development services the authority to approve the operation of more than one refreshment vehicle on the same property once an approved and completed refreshment vehicle licence has been submitted. Both Huntsville Mayor Karin Terziano and Councillor Bob Stone expressed concerns with the wording and questioned what ‘more than one’ refreshment vehicle meant but concluded that since the season was already underway the likelihood of new food trucks trying to locate on a property now was slim.
Related stories:
Algonquin Café will have to wait while council rethinks its food truck policy
Committee okays Algonquin Café food truck for Brendale Square while it debates wider policy
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“In his report, Andrew Stillar stated that “Staff have no concerns with two, or more, Refreshment Vehicles operating on the same property as long as there is SUFFIECIENT PARKING and they offer significantly different food items for sale.” The funny thing here is that old LCBO lot, which is over two (2) acres in size, is practically the only property around that actually does have sufficient parking, yet it was the only one pointedly targeted by Bob Stone who attempted to limit it’s capacity to just one (1). Every season we are repeatedly required, on a daily basis, to inform patrons of Boston Pizza NOT to park on our private lot as their property is generally always at full capacity throughout the day. This is the same property that is allowed to hold up to three (3) food vendors! The Town’s very own by-law doesn’t seem to matter very much to Bob Stone and his friends. There is no doubt in my mind, whatsoever, that B.I.A. Bob thought that he could get away with a little bit of “payback” over my rejection of their offer to rent my lot for the first time in over 50 years of public use and mistreatment.
In the future, acting reasonably, I intend to rent my lot to four (4) food truck vendors. If the overwhelming will of the community is not enough to sway council from making another stupid decision, a legal term known as “Oppression” ought to. My recommendation is that Council and, particularly, the four (4) individuals who originally voted against Algonquin Cafe (Stone, Terziano, Withey, and Thompson) put their egos aside in order to do the right thing and what is best for the community.
I don’t understand why this discussion has been delayed. There is no reason whatsoever to prevent the council from cleaning up this bylaw as soon as possible (unless the employees just dont have time right now). There is a very good arguument to revise the bylaw now and make it effective as of next season. The reason to do this would be to allow businesses to plan for next year. If a report is not ready until November, a decision would not likely be made until later in the year or even in to the new year – which is too late for many businesses to plan around. It would be great in these circumstances if council could try to get things done ahead of time, instead of just in time. Maybe I am misunderstanding something.
Just stop! This is not rocket science, it’s called capitalism! Stop protecting failed businesses.