MORGANTOWN – Morgantown City Hall’s meeting chamber was packed on Dec. 17, 2013, as concerned entrepreneurs and their supporters turned out overwhelmingly opposed to new laws regulating mobile vendors on city streets and sidewalks.
The restrictions, which were adopted by council during that same session, moved food trucks and sidewalk vendors off the 300 block of High Street and defined specific areas where mobile vendors could and could not operate between 11 p.m. and 6 a.m. Also included was a permit process under the Morgantown Parking Authority through which food trucks would pay to be assigned a designated vendor parking space.
Opponents said the move was an unnecessary overreach, and an attempt to stifle vendors in service to brick-and-mortar establishments.
City administration described the changes as a compromise, balancing support for all small businesses while incorporating some level of oversight. Further, the city said it was attempting to grant a request from the Morgantown Police Department to ease nightlife congestion in the heart of the downtown district.
Now, more than a decade later, some of those same issues persist, and the city wants to take another look at how it facilitates mobile vendors.
In recent commentary to Morgantown City Council, City Manager Jamie Miller explained that vendors failing to appropriately clean and maintain their spaces has been identified as an issue, as have crowds obstructing public rights of way.
In response, city administration has laid out a number of potential changes for city council’s consideration, some of which include:
— Moving all nighttime food vending to a specific, alternate location. The Marketplace Pavilion, at 430 Spruce Street, was the example provided.
–- Changes to the licensure process to require mobile vendors to acquire a general business license instead of a hawker/peddler license.
–- An expansion of the food truck operation ordinance to allow food trucks to operate in designated times and locations during the day. Trucks and food carts are currently prohibited from operating downtown or in the Wharf District outside of the aforementioned nighttime hours.
Councilor Mark Downs said he questions whether late night mobile food vendors are a net positive contributor to the vibrancy downtown under the current system – partly due to noncompliance by some vendors, and partly due to the fact the current system is outdated and difficult to enforce.
As an example, he pointed out that the approved vendor parking map created in 2013 allows a food truck to set up in front of 419 High Street. When the map was made, a men’s clothing store occupied the space – now it’s a pizza shop, Casa D’ Amici.
“Absolutely, mobile vendors in many cases aren’t playing by the same rules that our brick-and-mortar businesses in the downtown are. Our downtown businesses, as we know, invest heavily in being here and utilizing their property, paying taxes, insurance. So any system that we create that exacerbates an imbalance is fundamentally unfair, and I think that is the case. Our current program does do that,” he said. “In terms of vibrancy, food vendor participation in events, special events, is absolutely critical. I think it does contribute to vibrancy, so I would encourage that to continue. But outside of that, I don’t think anybody is coming to downtown Morgantown on a Thursday night to see the hot dog man.”
Throughout the conversation, every member of council indicated they do support food truck operators and mobile food vendors.
As in 2013, it’s a question of balancing how best to provide that support against impacts to brick-and-mortar businesses and the overall desires of the city.
“Austin, Texas is obviously a larger market, but they have a real culture of mobile food vendors. People look forward to it … I do think the city could play a role in facilitating that culture here. Creating a program like we’re all talking about, and I think we are all in agreement, definitely a centralized location helps with that. It makes it an event, and it brings people downtown. Having it at specific times is less competition for our downtown folks. The culture of it sort of accomplishes everything that we want. So, if there’s a program initiative that we as a city can put forward, I think it would benefit a lot of vendors and the downtown,” Councilor Jodi Hollingshead said, adding, “One thing I do want to mention is keeping in mind our relationship with WVU students. While we aren’t getting hot dogs from the hot dog man at 2 a.m., they sure are, so I just want to keep that in mind.”
