Food truck fees put forth by the town opposed by local operator

An update business licensing bylaw has been passed by town council despite concerns over a local food truck operator.

An updated business licensing bylaw has been passed by town council despite concerns over a local food truck operator.

Chris Garbutt, owner of The Oven Door food truck in Amherstburg, spoke to town council regarding the business licencing bylaw. His specific concern was the mobile food truck park permit.

“I’m not here to oppose regulation. I understand the need for structure and fairness,” Garbutt told town council at its most recent meeting. “What’s being processed here isn’t just a small adjustment, it’s a major shift that could seriously impact local operators such as myself.”

According to Garbutt, the park permit would go from an annual fee of $325 to a daily fee of $50.

“This might not sound like much at first, but for someone like me who operates often in these local parks, it adds up very quickly,” said Garbutt.

Garbutt added if he operates in a local park 6-10 times per month, the new fee means he would have to pay $300-$500 per month, or $2,100-$3,500 per season.

“That’s a huge increase,” he said.

Running a food truck isn’t cheap, Garbutt added, stating they face similar expenses as restaurants such as food costs, staffing, fuel, maintenance and insurance.

“Adding thousands of dollars in additional fees just to operate in our town makes it very difficult to stay sustainable,” he said.

Garbutt compared the new fees to what is charged in Toronto.

“Amherstburg is not Toronto,” he said. “We’re a small town and our bylaws should reflect that. If the goal is to support local businesses and keep them here long-term, affordability has to be part of the conversation.”

Fairness was another issue, he said, noting out-of-town food trucks can purchase a “low cost” business license and come in for busy holiday weekends and pay the daily fee once or twice.

“That creates an uneven playing field. A truck could come in from out-of-town, book prime dates, and leave, while local operators like myself who are committed to serving the community consistently, would have to pay significantly more over time,” said Garbutt.

Garbutt suggested the fees are left at an annual model, but increase the price so that businesses committed to Amherstburg can use the parks instead of food trucks from other municipalities.

“If the park space needs to be shared, we should create a system where permanent vendors can co-ordinate bookings among themselves rather than opening up to people who are only here occasionally,” he said.

Garbutt believed the new bylaw and food truck fees doesn’t protect brick and mortar businesses, as he said the regulation of trucks having to be 150m away from a brick and mortar restaurant already serves that purpose.

“At the end of the day, Amherstburg is a small town and one of the things that make is so special is how local businesses support each other,” said Garbutt. “We should be creating policies that encourage that, and not ones that make it harder to stay.”

Councillor Molly Allaire said she saw Garbutt’s “The Oven Door” food truck in locations at Toddy Jones Park and at the Farm House Market in McGregor, but she asked if he travelled around the region. Garbutt said he did travel but “Amherstburg is the home spot” as he was in Amherstburg 6-10 times per month.

Garbutt said Amherstburg is the only municipality with a park permit, and he said he didn’t encounter that outside of Amherstburg.

Councillor Peter Courtney asked manager of licensing and enforcement B.J. Wilder why the recommended change was before council. Wilder said in creating an amended bylaw, he was tasked with speaking with brick and mortar business and food trucks on the issue. 

Wilder said Garbutt was only one of three food truck owners to want to chat, with Wilder saying it was a great conversation. 

“I took him through the bylaw. He seemed pretty comfortable with the bylaw, but as time goes on, people think of things and change their position and I respect that,” he said. “He did, right from the beginning, have a concern about the daily fee. He is right that no one is charging it because no one else is giving access to their parks.”

Wilder said the rationale is that Amherstburg sees parks are seen as amenities that can be rented out, so to stay consistent with other amenities, there had to be a daily fee for the food truck industry.

Courtney said there is a cost to doing business, stating food trucks can become a brick and mortar on a temporary fee structure. He said the bylaw is park specific.

Deputy Mayor Chris Gibb wanted to know what the fee structure would be if the food truck was on a lot with the owner’s permission. Wilder said under the bylaw, a food truck operating on any private property would just pay an annual fee of $85-$87 dollars.

“There is no daily fee to operate on any private property other than ones we own,” said Wilder.

Wilder said renting out space in parks if they choose to. Councillor Linden Crain asked if there was any other resources, such as hydro, being accessed with Wilder noting that food trucks are allowed at Toddy Jones Park and Malden Centre Park, with no services provided to food trucks at either park.

Wilder said access to the parks is on a first come, first served basis and there is no system he plans to put in place to favour one truck over another.

Gibb said the business licensing bylaw has been a long process but believed “this time, we have it right.” 

“We’re balancing the responsibility of making sure our businesses are safe and reliable for residents, but at least, in my opinion and the fact there are not other delegates here, not overly onerous on the business owners,” he said.

Gibb added he has nothing against food trucks, but he didn’t find it “outrageous” to charge a $50 daily fee. He noted brick and mortars often operate all year, often in less than ideal weather conditions, and food trucks often operate “where everyone is at” in “primo spots.”

Food truck fees put forth by the town opposed by local operator

By Ron Giofu