Wilkes-Barre approves mobile food facility ordinance, sets operating hours at 2 a.m.

Wilkes-Barre City Council on Feb. 27 voted to approve a new ordinance creating a city code for mobile food facilities and to set late-night operating hours at 2 a.m., after food-truck operators and residents weighed in during public comment.

The measure, filed as an addition to chapter 11 of the city code, drew multiple food-truck owners to the lectern to say late-night sales are a significant portion of their revenue and that existing problems have been minimal. Jaycer Castillo, owner of the Carnet Kesso food truck, told the council he and his team have run the business since 2021 and that “personally, we do over 30% of our revenues is after 11PM,” adding his operation had not experienced incidents tied to late service hours. Daisy Barra, another food-truck owner, said her truck operates into the early morning and “we never had an issue at all. We even have the police buying tacos from us.”

Several speakers urged the council to allow the later hour to protect jobs and small-business income. Christian Krupscha, who said he was considering investing in a food truck, noted the city currently has about 16 operating trucks and asked council to “let the market determine it” when it comes to where trucks locate. James T. Zenix of Rell Street said he opposed a 2 a.m. limit on grounds that it could reach into neighborhoods, but council members and staff responded that most current trucks operate from commercial lots, not residential streets, and that zoning and permit rules govern special-event placements.

The ordinance approved by council includes a 50-foot buffer (reduced from a previously proposed 100-foot buffer) from restaurant service areas and doorways and preserves an existing retail business–district prohibition that has been on the city’s books for years. Council members noted the ordinance does not affect temporary special-event permits; trucks may operate on the square or at permitted events under existing special-events licensing and health-department procedures.

Councilwoman Maclay, who sponsored the motion to adopt the mobile food facility ordinance, said she supported the 2 a.m. operating hour after speaking with truck operators and reviewing the draft. “If you’re making 30% of your money after 11, I agree. We should not be cutting you short,” she said. Councilman Merritt also said he changed his view after examining the issue and learning the late hours are material to operators’ livelihoods.

In related action, council approved File of Council No. 2, an ordinance amending Article 6 of Chapter 28 of the city code concerning fees and operations, on first reading. Council members said the fee ordinance and the mobile food rules are intended to be a starting point that can be amended after additional review or subsequent readings.

Votes at a glance: - File of Council No. 1 (Mobile food facility — addition to Chapter 11): Motion by Councilwoman Maclay; second by Councilman Merritt. Vote recorded in the transcript: Belishko — No; Merritt — Yes; Maclay — Yes; Brooks — Yes. (Tally from roll call in transcript: 3 yes, 1 no.) - File of Council No. 2 (Ordinance amending Article 6, Chapter 28 — fees/operations): Motion (mover not specified in the transcript); second by Councilman Maron. Vote recorded in the transcript: Belishko — Yes; Maron — Yes; Maclay — Yes; Brooks — Yes. (Tally from roll call in transcript: 4 yes.)

Council members and staff repeatedly emphasized that no mobile food ordinance previously existed, that the city can amend the rules after two readings or as enforcement experience warrants, and that special-event permitting remains unchanged. Officials also said zoning and special-event licensing processes would continue to govern temporary placements and health-department approvals.

The ordinance takes effect under the council’s normal codification and posting processes; council members said they expect to revisit specifics if enforcement or neighborhood concerns arise.