The City of Milwaukee Licenses Committee anonymously approved the proposed Food Peddler Vendor (food trucks) regulations for Type Zone 1, which includes most of the Milwaukee downtown and the Summerfest area, including the Type Zone 2, which includes Burnham Park, from S. 35 to S. 32 Streets along W. Burnham Street.
By H. Nelson Goodson
Hispanic News Network U.S.A.
May 16, 2023
Milwaukee, Wisconsin - On Tuesday, the City of Milwaukee Licenses Committee anonymously approved the proposed File # 220413 City Ordinance Food Peddler (food trucks) regulations, which creates a downtown Type 1 zone that limits hours of operation 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, and a Southside Type 2 zone that limits density by establishing the maximum number of food peddler vehicles that may be parked on a block face in that zone. In this zone, a number of food trucks with seniority will be allowed to park and sell food.
During the Licenses Committee hearing, testimony was given by Alderwoman Zamarripa and food truck vendors including residents about the density of food trucks at the corridor stretch along W. Burnham St., between S. 35 to S. 32 Streets in the Southside of Milwaukee. According to testimony, heavy traffic congestion was reported, at least nine food trucks are parked along the corridor stretch on the South and North sides of the street, which made it difficult for children, teenagers and the public to cross and at night, food trucks use highly lighted fixtures to light their parking area for public safety.
The last testimony to be given at the Licenses Committee hearing was Walter Garron, who is the current spokesperson for at least 17 food truck vendors and resides near the Burnham Park area, he told the Committee that one of the major issues along W. Burnham Street, which has become a public safety issue is that most pedestrians who cross W. Burnham are jaywalking. Pedestrians cross the street between food trucks. There are no designated flashing lighted cross walks for pedestrians to cross the street safely and there is no current designated reduced speed signs to be enforced when children are present, especially when Summer baseball tournaments occur.
One accident was reported at Burnham Park, which a City snow plow struck a food truck, according to Garron, who is also the Chairman of the Brown Barets of Wisconsin.
Most of the food truck vendors and business owners from N. Water Street that spoke in the Committee hearing say that they were in favor of the proposed ordinance.
The file # 220413 will now head to the Public Safety and Health Committee for approval, which meets on Thursday, May 18, 2024 at 9 a.m. in room 301-B at City Hall, 200 E. Wells Street in Milwaukee.
The new proposed mobile food peddler regulations was the result of Milwaukee Alderman Jonathan Brostoff, Alderwoman JoCasta Zamarripa and the Milwaukee Common Council ban of food trucks at N. Water Street in downtown Milwaukee. Alderman Brostoff decided to implement a month long food truck ban at N. Water Street without any public hearings or notices to the affected food truck vendors after receiving unidentified complaints of individuals urinating in public near food trucks between E. Knapp and E. Pleasant Streets along N. Water Street, food trucks spilling water and fluids on the street and parking by bus stops and no parking signs including cooking oil spillage at food truck stops and garbage left on sidewalks in garbage bags.
Alderman Brostoff never provided any documented formal complaints or health and police citations given to food vendors that were officially filed with the City for any type of violations along N. Water Street to justify a month long ban on Water Street. Also on Tuesday, during the Licenses Committee hearing Ald. Brostoff and Alderwoman Zamarripa didn't provide any formal documented cited complaints filed with the City as evidence to justify a temporary food truck ban ban on Water Street.
In the last five years, the Milwaukee Police Department haven't enforced the two hour parking limit for food trucks and other alleged violations in Milwaukee. The Department of Parking Enforcement weren't allowed to enforce any parking restrictions for food trucks, but with the passage of the File # 220413 Food Peddler ordinance, they will now be able to legally enforce food truck parking restrictions in the City.
Allegations are being raised that Ald. Brostoff's main intent for the food truck ban on Water Street was influenced by White owned and operated restaurants and bars near the Fiserv and N. Water Street in an attempt to limit access to people of color to gather in downtown Milwaukee after shootings and altercations had occurred near the Fiserv Forum arena outdoor major events.
Mayor Cavalier Johnson is in favor of the ordinance and supports the early morning hour restrictions that would prohibit food trucks to sell food after the stipulated zone times (from 1:00 a.m. in downtown and everywhere else in the City from 3:00 a.m. or 3:30 a.m. to 6:00 a.m.) on Type Zone 1 and 2.
The Wisconsin Institute for Law & Liberty (WILL) released a statement in response to a newly proposed City of Milwaukee ordinance that will regulate food trucks in the city and downtown area.
WILL Deputy Counsel, Lucas Vebber, stated, “The City of Milwaukee’s Common Council is pushing new restrictions on small business owners across the city. This proposed ordinance—specifically targeting food trucks—limits hours of sale while allowing brick and mortar restaurants to stay open. The ordinance also creates the opportunity for special carve outs for the politically connected. WILL is proud to support small business owners opposing these anti-competitive restrictions. If this ordinance is enacted, we would consider all legal options to stop these anti-competitive restrictions.”
The proposed 220413 City ordinance full text at link: https://tinyurl.com/4raumpbs
These are the proposed food peddler regulations approved by the City of Milwaukee Licenses Committee:
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 creating a light nuisance.
9. Prohibits a food peddler vehicle operator from dumping any quantity of liquid waste.
10. Provides that a food peddler vehicle shall be subject to nuisance regulations.
11. Provides that any person selling food from a mobile or transient retail food establishment licensed by another municipality or the state is not exempt from obtaining a mobile seller's license.
12. Prohibits food peddler vehicles from parking within 50 feet of a restaurant without a drive-through facility, with the option to waive this restriction by council approval.
13. Permits the Common Council to waive food peddler vehicle parking restrictions by motion.
14. Increases the minimum forfeiture for violating any provision relating to selling articles from parked vehicles from $5 to $50, and the maximum from $50 to $500, and in default of payment shall be imprisoned as provided by law.
15. Provides that the department of public works - parking enforcement may enforce the parking regulations governing food peddler vehicles.
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