Council ordinance discussion reveals ice cream trucks illegal in Bardstown

By JIM BROOKS
Nelson County Gazette

Councilman John Royalty gestures during a discussion of a food truck ordinance that revealed that ice cream trucks operate illegally in Bardstown. Click to enlarge.

Jan. 14, 2014, 11:55 p.m. — A council discussion about a possible ordinance to regulate food trucks like the White Castle Crave Mobile led to a surprising revelation: Ice cream trucks that operate within the City of Bardstown do so illegally — even though they have a city business license.

Green explained that an ordinance approved years ago at the request of the Chamber of Commerce prohibits sales and displays that are not part of an existing business. The ordinance was passed to prevent people from pulling into a parking spot in town and selling furniture, garden produce or other goods from the back of a truck.

Without the ordinance, anyone would load up a truck and stop and set up shop, he explained.

The issue surfaced Tuesday evening during a discussion about a proposed ordinance to regulate food trucks that visit the city. The ordinance would require the operator to get a business permit, abide by health department regulations, park in a properly zoned area, and file the appropriate occupational tax forms at the end of the year.

Councilman John Royalty asked Green if an ice cream truck would be affected by the ordinance.

Green said the ordinance would impact ice cream trucks because there’s no provision in the ordinance that allows sales of those type.

“If you want to allow an ice cream truck but not a hot dog truck, I’m not sure how you make that distinction,” he said. “This is one of those unintended consequences.”

“I’m lost here,” Councilman Joe Buckman said. “So the ice cream truck can’t drive down the road?”

“Not with this ordinance,” Green replied.

“You mean he can’t stop in a subdivision and sell ice cream sandwiches to kids?” Royalty asked.

“If he can do that, then somebody with a food vending taco truck or hot dog truck could drive down Third Street, park legally and sell food there,” Green explained. “I don’t know how you make an exception for ice cream.”

The ice cream trucks are required to have a business license, but with this ordinance they can’t stop to sell ice cream, Royalty noted.

City CFO Mike Abell noted that the operation of ice cream trucks is prohibited by the city’s existing ordinances, and despite the rules in Bardstown and in other places, ice cream trucks continue to operate in cities across Kentucky.

But cities other than Bardstown don’t have an ordinance in place that prohibits outside sales not connected to an existing business, Green explained.

Councilman Francis Lydian said he felt the ordinance was needed to keep mobile operators from competing with existing businesses.

“Just to clarify, this rule doesn’t make ice cream trucks illegal,” Green said. “They are already illegal.”

Sheckles asked the council and city staff to look at the situation and try to come up with a solution.

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