Conway staff recommends cap on mobile food vendors; council sends proposal to planning commission

City planning staff proposed a limit on the number of permitted mobile food vending units inside Conway limits and asked the City Council to forward the proposal to the Planning Commission for a public hearing.

The proposal, presented by Planning staff member Miss Hess, would add a new limit of 40 mobile vending permits per year under Article 5 of the City of Conway Unified Development Ordinance. Hess told council the number of applications has risen sharply since the ordinance was adopted in 2018: staff processed six mobile vending applications in 2018, more than 20 in 2022–23 and more than 50 last year. Staff currently shows about 52 active mobile vending records and said administration of the permits has become effectively a full‑time job for one staff member.

Hess said the proposed cap would be first‑come, first‑served and would cover the three vendor categories already in the ordinance: transient vendors (ice cream trucks and others limited to short stationary periods), franchise agreements for city property and mobile vending on private commercial property for longer periods. The cap would not apply to vendors operating under an approved special‑event permit, and the proposal would not affect other franchise agreements such as scooter or excursion vendors that do not share the same licensing requirements.

Councilmembers pressed staff on enforcement and equity. Councilmember Collins asked whether the city gives deference to existing brick‑and‑mortar restaurants that add a mobile operation; several councilmembers suggested exempting current restaurants from the cap. Hess said staff could add that exception to the proposal. Councilmember Hardwick asked about placards and renewal: Hess said vendors are issued a bright placard that must be displayed, and nonrenewal is often why unpermitted units remain operating.

Councilmember Butler asked how staff arrived at 40; Hess said that number was discussed at the council's budget retreat and reflected a reduction from current processing totals. Staff confirmed the cap intentionally sits below the roughly 52 active records to encourage renewal compliance; once the cap is reached new applicants would be blocked until permits lapse or are forfeited.

Hess said staff will take the draft amendment to the Planning Commission for a public hearing on June 5 and will forward the commission's recommendation to council with a first‑reading ordinance if the commission so advises.

Council discussion left several open policy choices, including whether to exempt existing brick‑and‑mortar food businesses and how to treat franchise agreements. No final ordinance vote occurred at the June 2 meeting; the item was referred to the Planning Commission for public hearing and recommendation.

The Planning Commission public hearing is scheduled for June 5; staff will return a recommended ordinance and any proposed exempted classes to council for first reading.