Council amends food-truck rules to comply with state law, removes municipal license fee

Midwest City Council on Oct. 28 voted to amend the municipal code to remove the city's annual food-truck license and associated fee and instead rely on state licensing and inspections required under the Food Truck Freedom Act, which takes effect Nov. 1.

City staff said 19 food trucks currently hold municipal licenses and the city's annual fee had been $150 per truck. The city's ordinance change removes that municipal licensing requirement and shifts oversight of routine food-truck food-safety inspections to state agencies where state law preempts local licensing. The ordinance requires that food trucks participating in special events provide proof of the state-required permits; for city-run events on city property, Parks & Recreation will collect and verify that documentation.

Mister Marsh, presenting the ordinance changes, told council staff found the city was not recouping costs from the existing fee structure and that state law now controls inspection and licensing for these operations. "What we did say is that if you have special ... a special events permit, it becomes incumbent upon that person who seeks that permit for that special event to get that information from the food trucks and make sure that they supply it to the city," Marsh said. Councilmembers asked about public-safety implications; the presenter and staff said the city-county health department and the state fire marshal retain authority over safety and can be contacted if residents see concerns.

The council approved the ordinance amendment by voice vote. Staff said Parks & Recreation will manage city-event compliance and that individual complaints about non-event food-truck operations would be referred to the city-county health department and relevant state agencies.