Del City begins effort to align mobile food vendor rules with state Food Truck Freedom Act

Del City Council on Nov. 17 opened a public discussion on a proposed ordinance that would align the city's licensing and operating rules for mobile food vendors with the state's Food Truck Freedom Act.

Andrew, the staff presenter, told the council the draft ordinance is intended to "make us in line with the state's Food Truck Freedom Act," removing many local barriers to operation. Under the draft, a state license and property-owner permission would allow a food truck to operate in Del City without a separate city permit; the state inspects and issues visible stickers that the city can verify. "No city permits. Just the state permit," Andrew said in response to council questions.

Council members raised practical questions about enforcement and oversight: whether the fire marshal or the city could verify a truck's state license on arrival, whether the state would remit sales tax to the city, and whether a small annual registration fee would dissuade vendors. Staff said the fire marshal would check that trucks display the state-issued sticker and that the state remits sales tax to municipalities after the fact. The draft includes a nominal annual registration fee (staff discussed $25, consistent with state guidance) intended to help the city track vendors and provide a list to the fire marshal.

Staff and council members noted limits to local authority under the state law: the city cannot require additional local licenses or re-inspect a truck that holds a valid state license when the vendor is on private property, although the city may set minimal requirements for events on city property. Council asked staff to survey other cities' fees and to return with recommended language; staff said they would do so.

Council did not take a final vote; the discussion will return on a future agenda with drafted ordinance language.