Hot Springs exempts seasonal vendors and event vendors from new food-truck-park requirement

The Hot Springs City Board of Directors on May 6 adopted Ordinance O-25-25 to amend the city's zoning code and related ordinances so that seasonal vendors, permitted event vendors and certain existing mobile retail food establishments are not required to relocate into newly defined "food-truck parks."

City Attorney Brian Albright briefed the board on the background: the board adopted a revised zoning code (Ordinance 65-13) on Nov. 19, 2024 with an effective date of March 1, 2025. The new code had required mobile food vendors to operate in food-truck parks; after review and meetings with vendors, staff proposed changes to avoid unintended negative effects on seasonal operators and food-truck entrepreneurs.

Albright explained the ordinance removes the food-truck-park requirement for the following: seasonal operations as defined by the Arkansas State Board of Health (establishments operating up to a 150-day period and limited to certain dispensed drinks and ice-based products); mobile retail food establishments that are participating in an allowed special event under an event permit; private events in which a mobile retail establishment is hired to cater for the duration of the event; and concessionaires/franchisees operating under separate city franchise agreements. He said, "any mobile retail establishment holding a duly issued City of Hot Springs license for an existing location prior to July 1 of 2025 may continue to operate in such location subject to the rules and regulations of article 15 of our zoning code." Article 15 governs preexisting nonconforming uses and limits expansion or abandonment longer than 12 months.

Operators and members of the public spoke at the meeting. Seth Luton, a resident and vendor, told the board that food trucks provide an accessible path for entrepreneurs and warned that forcing trucks into parks could limit opportunities: "food trucks is 1 of the easiest way that a young entrepreneur can come up and make some money on their own." He also said there are roughly "280 restaurants" and "approximately 80 food trucks" operating in Hot Springs and urged the council to consider how park locations and costs might affect vendors. Paul Hayes suggested the city could create designated paid parking spaces for food trucks in areas with paid parking to generate revenue and better distribute vending spots.

Directors asked staff to clarify terms such as when a truck would be considered an accessory use to a parcel and how a food-truck park would be defined; staff said accessory determinations are parcel-based and parks still must meet requirements such as permanent restrooms, water and wastewater disposal. Several directors said they supported the staff consultation with vendors and the resulting amendments.

By roll call the board approved Ordinance O-25-25. The ordinance allows current, licensed vendors at established locations to remain under nonconforming-use protections and exempts the categories listed above; it preserves the city's ability to establish food-truck parks going forward under the zoning code for new operations.

The ordinance references Title 16 (zoning) and Title 4 (transient merchants) of the Hot Springs Code of Ordinances and cites the Arkansas State Board of Health's definition for seasonal operations. Staff said they had met with vendors and that the changes were generally well received by operators who attended the meetings.