Councilman introduces zoning proposal to bar food trucks from gas station property over fire-safety concerns

Councilman Carlucci introduced a proposed change to the city’s zoning code to bar mobile food vehicles from operating on gas station property, saying the proposal is narrowly aimed at addressing fire-safety risks around fuel pumps.

Carlucci said the purpose of the proposal is limited. “It’s if you have a food truck, a food stand, or whatever, you you can't set it up at a gas station because it's a fire hazard,” Councilman Carlucci said during a public meeting before a scheduled land use and zoning session. He said state law preempts the city from broadly regulating food trucks and that the city’s only clear path to restrict locations is through zoning.

The issue matters locally because the proposal would shift enforcement onto property owners while affecting where many small operators park and sell. The discussion brought together city fire-prevention staff, the Office of General Counsel, Consumer Affairs and several independent food-truck operators who warned the restriction could harm small businesses and some residents’ access to affordable food.

Mary Stifopoulos of the Office of General Counsel told the council the city can use zoning to limit uses on private property but must be mindful of state property-rights law. “We always have to be cognizant of Bert J. Harris,” Stifopoulos said, referring to the state statute that allows owners to seek compensation when government regulation unfairly limits property use. She added that zoning prohibitions commonly affect property use but are generally within the city's authority to enact.

Deputy Division Chief Damien Bell of Fire Prevention said the department enforces inspections and distances for cooking equipment and propane systems but was not aware of any new federal or state safety requirement involving a powder coating on propane connections that had been cited earlier in the discussion. “I'm not aware of any new safety improvements” regarding the propane connections mentioned by an operator, Bell said.

Jimmy Carter, Consumer Affairs manager, described the current inspection system and enforcement mechanics. Carter said inspectors do field checks and sometimes shut down trucks that lack proof of inspection. He described the permitting system as requiring an annual inspection and said the department currently relies on a small staff to handle many units. “We're out in the field every day, council member, and we are doing inspections on the food trucks,” Carter said, and later noted the office has one person assigned to certain inspections.

Carter and other staff outlined how enforcement would work under the proposed zoning prohibition: the city would enforce the zoning prohibition against the property owner, not the food-truck operator. Carter said the ordinance as discussed would require a notarized letter from the property owner granting permission to a food-truck operator to be present on the property, and that letter would need to be renewed every six months. Carter said other operational violations—such as sitting too close to a sidewalk or intersection—would still be enforced against the operator.

Several food-truck operators urged caution and requested alternatives. Shauna Estevez, owner of A Mouthful Jack, said responsibility for compliance should rest with the property owner rather than the operator and observed that many trucks do not set up at gas stations. Ryan Kawette, who operates Ryan’s Lobster Pound, said mobile operators who travel frequently are inspected more often and that forcing trucks to relocate from stable sites could hurt older operators. Jessica Wright of Caveman Shaved Ice argued unpermitted operators are already undercutting compliant businesses: “There are so many food trucks… operating without any permitting, any insurance, any licensing,” she said, urging the city to focus enforcement on noncompliant operators.

Council members and staff raised practical concerns: one council member cited city data showing roughly 422 registered mobile food units, and staff said relying on one inspector makes proactive field enforcement difficult. Operators said some sites—especially in neighborhoods where residents rely on nearby mobile vendors—provide important, affordable food access for people without transportation.

No formal vote or ordinance adoption took place during the meeting. Councilman Carlucci said he would meet with food-truck owners and the fire and code teams to consider adjustments before pursuing formal legislation. “I would love to meet with the food truck owners,” he said. The meeting concluded with the matter left for further stakeholder meetings and possible amendment.

The council did not set a date for a formal public hearing or vote on the zoning change during the session.