City of Milwaukee - File #: 220413

• File #: 220413
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 7/12/2022
• In control: COMMON COUNCIL
• Final action: 5/31/2023
• Effective date: 6/17/2023
• Title: A substitute ordinance relating to regulations for the parking and operation of food peddler vehicles.
• Sponsors: ALD. ZAMARRIPA, ALD. BROSTOFF, ALD. DIMITRIJEVIC, ALD. WESTMORELAND
• Indexes: FOOD DEALERS, LICENSES

Date	Ver.	Action By	Action	Result	Tally
6/16/2023	2	CITY CLERK	PUBLISHED
6/6/2023	2	MAYOR	SIGNED
5/31/2023	2	COMMON COUNCIL	AMENDED; Minutes note: Ald. Zamarripa moved to amend the file to replace Burnham Park Type 2 (Density-Limited) map in the file and moved for adoption. The map adds 2 blocks. There were no objections. Ald. Spiker moved to amend to add one provision to prohibit parking within 300 feet of a school during school hours and also moves enforcement from MPD to DPW parking checkers. Ald. Brostoff does not support this amendment as he sees the annual review as a means of tweaking the ordinance and DPW is not supportive due to the work load. Ald. Zamarripa also did not support the motion as she also sees the annual review as a way to examine the entire ordinance. Ald. Spiker withdrew his motion.	Pass	15:0
5/31/2023	2	COMMON COUNCIL	PASSED	Pass	15:0
5/18/2023	1	PUBLIC SAFETY AND HEALTH COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearing: Sponsor Ald. Brostoff Sponsor Ald. Zamarripa Alders requested to be added as Co-sponosors: Demitrijevic, Westmorland. There were no objections. Anne Rachwal - resident Ald. Zamarripa acknowledge two Burnham Park food truck owners that were present: Micaela Antonez Jimenez - Taqueria La Brazita, LLC Jennifer Antunez Martinez - El Pastorcito Mixe Mayor's Office - Claire Zautke	Pass	5:0
5/16/2023	1	PUBLIC SAFETY AND HEALTH COMMITTEE	HEARING NOTICES SENT
5/16/2023	1	PUBLIC SAFETY AND HEALTH COMMITTEE	HEARING NOTICES SENT
5/16/2023	1	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE AND ASSIGNED; Minutes note: Appearing: Sponsors Ald. Zamarripa & Ald. Brostfoff Tea Norfolk LRB Ald. Zamarripa and Ald. Brostoff talked about the highlights of the ordinance. Ald. Perez stated that each district can or not use or apply this ORD, based on the needs of each district. Ald. Chambers seconded President's words. He said that this is not in any way, a reprimand, it is just another tool to make sure that business are making the best use of their resources and thrive in their business. Ald. Dimitrijevic addressed concerns relative to operational fees - no change on the fees. Pres. Perez asked sponsors how today's testimonies will be taking into consideration, moving forward. Ald. Zamarripa stated that through this process they have been able to hear the constituents concern for their neighborhoods safety and density of food trucks that may create a traffic safety hazard. She also said that she had the best conversations with food truck operators. Ald. Borkowski asked to all food trucks to be considerate of their surroundings. Public Testimony: Alexander Lopez Aviles Isa's ICe Cream 2025 S 35th Street., 53215 He said that he supports the ORD to move away from ban and implementing regulations. Gildardo Gonzalez Mexicdrive Express 2219 S 30 St., 53215 He said that in relation to the Seniority of the food trucks, just to give more opportunities to the food truck operators. He is in support of including seniority when considering new applicants. Claire Zautke - Mayor's Office She said that the Mayor supports this ORD, thanked the sponsors and also said that it has been an unprecedented level of collaborations among council members and city departments: Carly Hagerty - Consumer Health MHD Tyler Weber - Environmental Health Tom Woznick - DPW Heather Hugh, Lt. Tiel & Srgt. Velasquez - MPD Jim Cooney - License Division Manager Abdullah Ismail The Fatty Patty Burgers 4313 W Howard Ave., 53220 He stated that if this ORD requires to move every two hours, it will create an inconvenience for their operations. He said that shortening the hours of operations will reduce his earnings. He added that they do not have control of patrons littering in the vicinity of where the food truck is parked. Eric Wagner Lowlands Group 2205 N Lake Dr., 53202 Mr. Wagner said that he supports the food trucks and that regulations must be implemented. He added that he has submitted photos and video of problems created by customers and operators like oil on the street, urination in front of his building, creating unsafe environment for neighbors and businesses. He added that food trucks' lighted signs block the brick and mortar businesses' signs. He also said that it can't be at the expense of residents and other business and not get in the way of quiet and enjoyment. Maryann Galicia 2064 S 33rd St., 53215 Resident of the Burnham Park Area. She said that too many food trucks in the area are creating traffic safety issues for the area. She also said that food trucks must show concern and consideration of the people that live in the area. She added that this ORD would help alleviate of the congestion in the area. Ald. Coggs asked sponsors regarding the lighting/signage nuisance that food trucks are using. Ald. Zamarripa is aware and will continue to work with DNS, in future updates. Matt Schmidt The Harp, Trinity, Vagabond, Water Street Brewery He said that he is in support of the legislation and that they must be held accountable as the food dealer licensees are. Kristine Holmer - Support Wisconsin Restaurant Association 2801 Fish Hatchery Rd., Madison WI 53713 The association has submitted al letter in support that has been added to the file. Robert Wilkein "Bobby" 8789 S Buckhorn Grand Way., Franklin WI 53132 Cream City Concepts He said that food trucks should adhere to regulations being implemented and to take care of their area. Jahir Arias JC Kings Tortas 3132 S 13th St., 53215 He said that he supports the ORD, that there is high density of food trucks in the city that must be regulated and that they need safety places for the products they offer. Jack Roman Third Street Tavern - Cream City Concepts 1110 N Old World 3rd ., 53203 He said that he supports the ORD and would like seeing to hold owners accountable of their surroundings and business operations. He said that he likes the idea of them being open late. Michael Vitucci Uncle Bucks Restaurant 1125 N MLK., 53203 He said that it is vital that food trucks work together because their ill behavior affects all others. Beth Weirick Milwaukee Downtown BID 21 301 W Wisconsin Ave. Room 106, 53203 She said that she supports food trucks, that they are a great assets to the city's events throughout downtown. She added that the BID promotes Milwaukee as a Friendly City. and that she is excited for the growth of this entrepreneurship. She also expressed that liquid waste, lighting, noise nuisance, are few concerns. Micaela Antunez JImenez Taqueria La Brazita LLC 1539 S 21 St., 53204 She said that she supports this ORD. that would help all the businesses. Paula Perez Monroy 2028 W Mitchell St., 53204 La Esperanza She said that back when she started her business, they rendered good service and now she sees the area over populated while other areas are not. She said that now that she owns her restaurant, she would not like a food truck in front of hers and that we all need to be considerate of each other. Jennifer Antunez-Martinez Food Peddler on Burnham Park El Pastorcito Mixe She said that she is concerned for the safety of the children playing in the baseball field. She said that she supports this ORD and she is thankful for the implementation that this ORD brings. Walter Garron Brown Berets Wisconsin Coalition of the Food Trucks 2923 W Mitchell., 53215 He said that when the ban was issued, none of the food truck owners were aware. He added that a meeting took place between sponsors that according to him, it did not go well. He added that he wants to work together with all food trucks owners and the City to make this ORD work. He said that downtown is not people friendly and that he is pushing for a Food Truck Park. He does not agree of the 50-feet restriction. Ald. Coggs stated that formal complaints are submitted to the License Division and available to anyone upon request.	Pass	5:0
5/16/2023	1	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE AND ASSIGNED; Minutes note: MHD Carley Hagely - Consumer Health Public testimony:	Pass	5:0
5/11/2023	1	LICENSES COMMITTEE	HEARING NOTICES SENT
5/11/2023	1	LICENSES COMMITTEE	HEARING NOTICES SENT
7/12/2022	0	COMMON COUNCIL	ASSIGNED TO

Number
220413

Version
SUBSTITUTE 2

...Reference
160363, 170737

Sponsor
ALD. BROSTOFF, ZAMARRIPA, DIMITRIJEVIC AND WESTMORELAND

Title
A substitute ordinance relating to regulations for the parking and operation of food peddler vehicles.

Sections
68-1-20 am
68-1-24 am
68-37-1 rc
68-37-5.5 cr
80-8 am
80-44-1 rc
92-3-2-c am
101-23-9.5 cr
101-23-9.6 cr
101-34-2-m cr
101-34-7-n cr
115-45 am
115-45-1 am
115-45-2-c rc
115-45-4 rc

Analysis
This ordinance:
1. Adds food peddler vehicle to the definition of a food establishment.
2. Adds mobile or transient retail food establishment to the definition of food peddler vehicle.
3. Provides that food peddler vehicles shall not be operated between 3 a.m. and 6 a.m. Monday through Friday, or between 3:30 a.m. and 6 a.m. Saturday and Sunday.
4. Creates two types of limited operation food peddler vehicle zones. A Type 1 zone limits time by providing that a food peddler vehicle parked in that zone shall not be operated between 1 a.m. and 6 a.m. and shall not be parked in the zone for more than six hours in a 12-hour period. A Type 2 zone limits density by providing that a certain number of food peddler vehicles may be parked on a block face in that zone.
5. Establishes the application process for food peddler vehicles seeking a parking space in a Type 2 limited operation food peddler vehicle zone.
6. Provides that the food peddler vehicle policy shall be reviewed annually.
7. Requires a food peddler vehicle operator to provide trash receptacles for patrons, and monitor and pick up litter at regular intervals during operations and when departing.
8. Prohibits a food peddler vehicle operator from dumping any quantity of liquid waste.
9. Provides that a food peddler vehicle shall be subject to nuisance regulations.
10. Provides that any person who holds a food peddler vehicle license that is licensed by another municipality or the state is not exempt from obtaining a mobile seller’s license.
11. Prohibits food pedd...