Federal Way council directs staff to pursue enforcement, health outreach after rise in unpermitted pop-up food vendors

Federal Way councilors on Tuesday directed city staff to contact the King County Board of Health and coordinate with police after several unpermitted pop-up food vendors began operating on city street corners, sometimes late at night, creating public-safety and fairness concerns for local licensed restaurants.

The issue surfaced during the public-comment segment and council discussion on Sept. 16 after council members described complaints and photographs showing a vendor operation that had moved across multiple locations near Pacific Highway. Council members said the vendors are unlicensed and frequently relocate, complicating enforcement.

Council President Coach Marr said city staff and the police were already aware and urged a coordinated response. “They keep moving,” the mayor’s office told the chamber as staff described the difficulty of tracking vendors that set up temporarily in public right-of-way. Community development director Keith Niven said the vendors are “unlicensed, unpermitted,” and that makes outreach and follow-up difficult: “It’s a little bit hard to have a conversation. It’s kind of like chasing a ghost, because they keep moving.”

Why it matters: unpermitted vendors can create public-health risks, produce unfair competition for licensed food businesses and generate complaints about lighting and late-night activity. A local, licensed food-truck operator had contacted the city to say the pop-ups were undercutting regulated vendors, council members said.

Details of council discussion and staff direction - Councilmember Honda asked whether the city had contacted the King County Board of Health; staff said they had not yet made a formal request for assistance but would do so. Councilmember Honda and others said public-health involvement could help the city identify and shut down operators that lack required permits. - Chief Wong (South King Fire liaison noted in the mayor’s earlier remarks and the police chief in discussion) volunteered that patrol officers would reach out when they encounter vendor activity in the public right-of-way. - Councilmember Wertau suggested the city consider designating sanctioned locations where vetted pop-up vendors could operate, turning a compliance problem into an economic-development opportunity.

Actions and next steps - Direction to staff: community development staff were asked to coordinate with the police department and to reach out to King County public-health officials as a point of information and potential enforcement assistance. The mayor asked staff to begin outreach the next day. - No ordinance or formal council vote was taken; council authorized staff outreach and enforcement steps and asked for follow-up reporting.

Context and constraints - Staff noted enforcement is complicated because operators appear to move from one corner to another and often work off-hours. City staff and the police described the activity as occurring mainly during evenings and weekends. - Councilmembers emphasized balancing enforcement with opportunities to help small operators find lawful pathways (farmers market, permitted food-truck lots or other sanctioned venues). Councilmember Walsh suggested inviting unpermitted vendors to participate at the Federal Way Farmers Market if they obtain the necessary health permits.

What council asked for next - Staff to contact King County public-health representatives and to provide the council an update on enforcement options and any public-health findings. - Police to increase outreach when officers encounter unpermitted vendors.

Speakers - Coach Marr, Council President (government) - Keith Niven, Community Development Director (government) - Councilmember Honda (government) - Councilmember Wertau (government) - Chief Wong (referred to in mayor’s remarks; government)

Authorities [{