Bullhead City Parks and Recreation Commission Work Session on Mobile Food Vendors in Parks - October 18, 2023
Bullhead City Parks and Recreation Commission Work Session on Mobile Food Vendors in Parks - October 18, 2023
This special work session, held on Wednesday, October 18, 2023, at 3:30 PM, was convened to discuss regulations for mobile food vendors operating in city parks. All commissioners were present except Commissioner Bell. Chairman Cox presided, and Parks & Recreation Superintendent Dave Heath led the presentation and discussion. No formal legal action was taken during the work session.
Public Comments & Testimony
- Pamela Smith (member of the public): Strongly criticized the existing 15-minute parking requirement, calling it "absurdly ridiculous" and noting vendors cannot even set up and serve in that time. She supported designated vendor areas without a mandatory move requirement, or at least allowing one to two hours if not in a designated spot. She also expressed surprise that no food vendors attended the meeting.
Discussion Items
- Overview of Mobile Food Vendor Regulations: Dave Heath read key sections of the city code (Chapter 5.04.025) and the License Agreement for Mobile Food Services in Public Parks. Key requirements include: a city business license, a Mohave County health permit, $1 million general liability insurance naming the city as additional insured, a $500 annual fee, and compliance with operational conditions.
- License Area and Conditions: The agreement covers Community Park, Rotary Park, Ken Fovargue Park, Dean Hackett Park, and the Colorado River Nature Center. Vendors must park in established parking areas, cannot obstruct traffic, must stay 100 yards from any park concession stand or other vending unit, and can occupy a parking space for only 15 minutes (Item K) before moving at least 100 yards.
- Discussion of the 15-Minute Rule (Item K): Multiple commissioners questioned the origin and practicality of the 15-minute time limit. Dave Heath explained it was an administrative decision without formal testing, intended to prevent vendors from monopolizing prime spots. Commissioners noted that vendors often struggle to set up, cook, and serve within 15 minutes, especially when towing trailers. The rule was described as a "heavy hitter" from the previous meeting.
- Proposal for Designated Vendor Locations: Commissioner Kenya Crews suggested creating designated parking areas for food trucks at each park to improve safety, reduce traffic conflicts, and help customers know where to find vendors. Commissioner John Cox noted that designated areas might conflict with the Bureau of Land Management (BLM) lease that prohibits retail outlets, but mobile vending in support of recreational activities is allowed. The idea received broad support as a potential way to eliminate the need for constant movement.
- Time Limit Recommendations: Commissioners debated alternative time limits: 30 minutes, 45 minutes, or 1 hour. Community member Pamela Smith and Commissioner Heather (last name not provided) advocated for at least one hour to allow for setup and service. Chairman Cox proposed a consensus recommendation of 45 minutes to one hour, with a designated area at Community Park, but the group agreed to table final recommendations until the next regular meeting to allow vendor input.
Key Outcomes
- Consensus on Recommendations: The commission reached a non-binding consensus to recommend (1) increasing the minimum parking time from 15 minutes to between 45 minutes and one hour, and (2) establishing designated vendor areas at Community Park as a trial, with possible extension to other parks. The recommendation is administrative and does not require a code change.
- Decision to Table for Vendor Input: The commission agreed to place this item on the agenda for the next regular meeting (November 2023) as an action item, allowing time to notify food vendors and invite their testimony. No formal motion was made at this work session.
- Next Steps: City staff will communicate the discussion outcomes to vendors and schedule the item for a future meeting where a motion can be made. The revised rules would primarily be implemented next summer, when mobile vending activity peaks.
Meeting Transcript
Good afternoon. Hello. Wow. This is a agenda for the special meeting and work session with the Bullhead City Parks and Recreation Commission. Today is Wednesday, October 18. Call to order. Roll call. All commission members are present except for Commissioner Bell. All right. Thank you, Debbie. Discussion of this particular work session. Pardon me, is in regards to mobile vendors in the city parks. Our own city parks, of course. I'd like to hand it over to Dave Heath. Parks and Rec Superintendent. Thank you very much, Chairman Cox. In order to get started with this whole thing, I'd kind of like to educate everyone out there that might be watching at home and everybody in the audience kind of go over a few of the things that are germane to what happens out there in the parks during the summer when it comes to food vending. So I'd like to dive right in by and it might be a little dry, but I'm I'm going to do it anyway.04.025. A, a mobile food vendor as defined and authorized under the Arizona revised statutes statutes 9485 includes mobile food unit incorporated therein as may be amended is authorized to issue a business license under this chapter. B, for purposes of the application of section uh 5.04.030. Herein a license is deemed in to be operating within the appropriate zoning district within the city so long as the license presents a duly license duly issued license as required by the state of Arizona. C, for purposes of the application of uh of section 5.04.050, a for herein the location of the licensees business within the city is deemed to be to either to be either a business address or commercial zone or licensees home use of the home address under this section requires the applicant to submit for and be approved as a home occupation as defined under Title 17 of the same code. D, a license that anticipates operating within this any city right of way upon issuance of a business license required herein must present proof of an occurrence-based general commercial liability policy in the and the amount of at least one million dollars, which names the city is additional insured by endorsement. The policy must be with the carrier authorized to do business in the city of Arizona that possesses an AMB best rating of at least B plus. The policy shall remain in effect so long as the vendor operates within the right-of-way for purposes of this subsection right of way, does not include city parks, municipal parking lots, and operating uh or operates means that the vendor uh parks and dispenses services. E. Move mobile food vendors are otherwise subject to operational conditions and restrictions set out in chapter 17.06 of the same code, and F, the license uh issued under this chapter must be posted in conspicuous location with the vendor's mobile food unit and visible to customers of the mobile food vendor. Now that's the what every mobile food vendor gets, whether or not they're I mean that's that pertains to every mobile food vendor, whether or not they're operating in the parks. Um they are operating in the parks, they do have to agree to a uh they enter into a license agreement with us for mobile food services in public parks. Um you guys have that uh in your uh packets tonight. I'm gonna read a little bit of that for education for everybody as well. Um I'm not gonna read the whole thing, uh, but I'd like to get into the agreement part. Uh number two on the agreement license area. The license area granted herein includes community park, rotary park, Ken Bovard Park, Dean Hackett Park, Colorado River Nasser Center, and their established parking areas. Uh the terms for mobile food vendors are one year. So if I get it on January 1st, it's good through December 31st. If I get it on August 4th, as this example has right here, it's good through August 3rd of 2020. August 4th, 2023, good till August 3rd, 2024. Um rent, the vendor shall pay in full concert, or excuse me, in full concurrent with the execution of this license in the amount of 500 for one year. Now they are uh able to get a pass for a date. They can do that whenever they want. If that works out for them, they think they did great, they want to do it again, then they could come and get the whole license. Most people get the whole license right from the start, they get a whole year permit. Number five, conditions. A prior to issuance of this license, a vendor must provide the city a current license or permit issued by the Mojave County Health Department authorizing the services provided by the unit. Of course, we want everyone out there to be compliant with what's going on in health department. We don't want anyone out there to make people sick in our parks because they're not complying with it, what the health department requires. Prior to issuance of this license, vendor must possess a city business license. C vendor is responsible for the proper accounting and submission of all applicable transaction privilege tax returns. Prior to issuance of this license, the vendor must provide proof of insurance as set out in paragraph eight below the endorsement.
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