Advocating for Change
Tim Johnson, a registered lobbyist and consultant from the Northwest Policy Group LLC, is our full-time Policy Director. He provides the Washington State Food Truck Association insight regarding the current political climate in Olympia and assists us in the development of specific legislative goals and objectives.
Tim lobbies the state legislature and state agencies on our behalf, oversees our local government lobbying efforts, and helps us train and organize our statewide grassroots advocacy team.
Accomplishments (State Government Level)
Commissary Exempt Bill Passed!
Governor Jay Inslee signs HB 2639 on behalf of food truck owners in Washington! 03/22/2018 (Find the updated RCW here.)
State Department of Liquor and Cannabis - via agency proposal, we were successful in getting the Caterer's License redefined for mobile food vendors who want to apply for a liquor license, to include mobile food vendors sharing commissary kitchen space 02/2017. Amended Section. WAC 314-02-112: added language allowing the caterer’s licensees to share a commissary kitchen under certain conditions.
Washington State Labor & Industries - we were succesful in redefining the risk classification codes for the modern day food truck 06/2017 which resulted in many refunds. If your food truck is not moving to different locations during the day, all operations are reported under code 3905, with a base rate of .41. Food trucks had been erroneously reporting under Code 1101 - (base rate = 2.15), which is for route food services that travel to various locations throughout the day. In 2021, the WSFTA became a guest member of the L & I FAS (Factory Assembled Structures - Food Trucks & Trailers) board. In 2023, SB-5089 that we’ve been actively supporting was signed into law. The food truck industry in WA will now have a voting member on the WA State L&I Factory Assembled Structures Advisory Committee. We have a long list of issues to resolve, and we look forward to seeing significant improvements in the coming years.
State Department of Health - we recognized many examples of uneven application of our state food code were happening from one county to the next. As of November of 2017 - we had brought enough issues to the state health department that they agreed to open up the code for change, and a food safety stakeholder committee was formed. (The food code for mobiles had not been updated since 1997!) After spending 3-plus years in code meetings, revisions that affect mobiles were made and the newly updated food code can now be found here: https://www.doh.wa.gov/CommunityandEnvironment/Food/FoodWorkerandIndustry/FoodSafetyRules/FoodCodeRuleRevision
State Department of Health - through an agency rule change, we submitted a petition of request to change the 200-foot restroom rule to 500-feet. This state food code was formally approved and changed in 2018, giving food truck operators a greater range of parking opportunities.
Washington State Legislature - we proposed bill HB 2639, and it passed through the state legislature 03/2017 unanimously, allowing mobiles who meet certain conditions to operate without the costly addition of a full commissary kitchen, which brings us up to date with the 2017 FDA food code.
Washington State Legislature - we proposed SB 5218, and it passed through the state legislature 04/2019 unanimously, allowing mobiles to apply for secondary permits in other counties without having to repeat the time consuming, redundant and costly plan review portion of the health permit process.
Accomplishments (Local Government Level)
City of Seattle - We have had ongoing meetings with SDOT since 2017 to address the 50-foot rule, parking fees and the street permitting process. After discussions with SDOT leadership, the 50-foot rule has been changed and is allowed with adjacent property approval, a new 4-month trial permit has been created, more than 2-trucks can now be permitted on the same block face, and the vending area has increased.
City of Everett - After running a short pilot program in 2017 to test out food trucks in the ROW, a proposal was made to the City Council to remove the old mobile food vending code and create an ordinance that will: eliminate any special business license requirement for food trucks (and remove the current requirements of fingerprinting, providing photos, and an FBI check), change the distance food trucks can park from a permanent eating establishment to 50-feet from the front door of a permanent eating establishment unless the food truck has written permission from the establishment to be directly in front of the door, eliminate the protection zone around the Arena and allow more administrative changes to better adjust the food truck temporary right of way permitting process. This new ordinance passed 08/07/19. The change in code repealed Chapter 21 of Ordinance No. 295-74, amending Chapter 5.84 and amended Chapter 9 of Ordinance No. 295-74, and allows food trucks to apply for right of way access via a street permit program managed by the Washington State Food Truck Association
The WSFTA applied for and received a $30,000 (City of) Everett Forward Grant to provide improvements to an empty lot of city-owned property to turn it into a food truck lot. Our proposed project received more funding than we asked for (to add signage, power, a covered shelter and picnic tables) as their economic development team decided our project will make a better place for the community and the food truck business owners.
City of Sea-Tac - Food Truck regulations proposal for a new city ordinance was submitted to the city council, accepted and passed 03/27/2018. The new ordinance creates a business license for mobile food vendors and changes the land use & zoning code. The Association's director spoke at the land use committee meeting and was supported by several other food truck owners over 5-months in subsequent committee and council meetings.
City of Yelm - Food Truck regulations proposal for a new city ordinance was submitted to the city council by the Yelm Business Assn. (YBA) in November 2016. Our Director, Lori Johnson spoke at the town hall and was supported by Turan Wright of the Silver Spork food truck. A new ordinance was passed on 06/2017 allowing food trucks.
City of Bellingham - Planning and Community Development Department had reported (March 2016) that they are currently updating their sidewalk vendor regulations, to include food trucks with a new ordinance pending after a succesful pilot program. In May of 2019, city passed new ordinance allowing vendors to access public property and the ROW via street permits.
City of Bellevue - Food trucks are currently not allowed to vend in the Right of Way via street permits as they do in Seattle, but we have started a pilot program to be offered in multiple downtown locations. Since April of 2018, we have worked with city planning, economic development, and right of way engineering departments. Update: as of 02/2021 the Spring District will be the initial site location for food trucks utilizing a street permit. Update: first street permit issued 03/02/21! Update: 9/22, curb mgmt vending program approved at first meeting, going to council in November.
City of Ferndale - Planning and Community Development Department held a committee meeting in January 2018 and was attended by the WSFTA Director and the owner of Something Cheesy. City council voted to change existing policy to allow food trucks on public property, in local parks and removed the distance restriction to schools.
City of Lynnwood - Ordinance passed with a 7-0 vote on 03/22/16. The City now allows mobile food vending with a city license. The Association worked with the City of Lynnwood for 3-months providing comments and guidance.
City of Shelton - had asked for public comments on updating their Food Truck laws back in Sep 2015, and we submitted comments and supporting information from the National League of Cities. October 12, 2015, the city amended the municipal code to no longer prohibit food trucks from staying in one location for more than two hours per day, and they are now able to sell near schools.
City of Renton - after a year of partnership and collecting public and food truck owner comments, the city has decided to change their code affecting food trucks and to reduce the need for a costly and time-consuming Tier-2 permit in commercially zoned areas.
City of Puyallup - the city management has decided to approve a pilot program we proposed as of Dec 2018, allowing food trucks to operate outside of the current municipal code; food trucks may now park on private property without the additional vendor's license that required another fee & criminal background check, and on public property with a permit. Puyallup’s city council made this program permanent Sept 2021!
City of Burien - we met with city econ development to give guidance on a food truck pilot program and this is currently being run with program details here. A city council update on the pilot results is expected in May/June of 2022.
City of Sumner - we provided suggestions and guidance to the city to allow for food trucks to park on both public and private property. An ordinance passed Jan 6th 2020, allowing mobiles to park in the ROW with a few conditions.
City of Des Moines - 2023 code update and pilot programin the works.
City of Moses Lake - planned changes to municipal code in 2022/23.
City of Ocean Shores - provided consulting & comments for a proposed code change, this took effect in Fall of 2022.
City of Mount Lake Terrace - new food truck ordinance passed 05/18/21 allowing food trucks to operate in the city and can now apply for a 12-month street vending permit. This new code has some undesirable restrictions we may need to revisit in the future, but it is progress.
City of Mukilteo - guidance given to city planning for new food truck regulations in zoning amendment drafted (Ordinance No. 2023-1476) for city council 10/2023. New policy will allow food trucks to operate outside of city special events with a city license, and a new Right of Way permit for vendors using the street or on the sidewalk..
City of Woodland, city planning of proposed ordinance in the works.
City of Federal Way - 2022/23 code being updated after we and several members sent in public comments for change: mobiles are no longer considered to be a temporary use with a needed permit. New and separate code chapter 19.290 via ordinance. For mobile vendors operating up to 180 days at a location, the only city fee is the business license fee. The new city food truck checklist is here.
City of Marysville - provided comments for code update 2022.
Snohomish County - Health district has approved a new policy that allows vendors with a King or Pierce County permit to skip the redundant and costly Plan Review process in 04/2017 as we pointed this out to be unnecessary and a costly process to vendors who were already annually permitted in a neighboring county. Vendors can also request a commissary "in County" exemption, approved on a case by case basis.
Seattle Department of Transportation (Street Permits) - New update to SDOT fees for annual curbside vending, and can now park within 50-feet with property approval.
Issues we are working on now
Parking prohibitions and unreasonable regulations in multiple cities - many current codes only allows for mobile food vending for special events, limited amount of permits being issued, no parking on public property, time limits, etc. For example, no parking is allowed in Liberty Lake, Port Angeles only allows 30-minute vending, Longview requires private property site fees, Ocean Shores has a $200/mo. license fee, McCleary has no adopted code, Long Beach is overly restrictive & conflicts with other state code, etc. Chelan County is considering building permits for mobiles, and the City of Kirkland does not allow food trucks to conduct business in the public right-of-way or in city owned parking lots.
High Event Fees - Most event hosts are over charging food trucks to participate in special events. Food trucks are a huge draw to the public and increase foot traffic to their venues. We aim to protect and defend our members in educating those who organize events to the unique logistics of using food trucks and have a page for this purpose found here.
Department of Transportation Permits - Open up Park & Ride/commuter lots and ferry terminals to mobile food vending. (SDOT, Sound Transit, & County owned)
State Dept of Health - Creating a standard policy minimum for shared commerical kitchen space (dry good & cold storage) to better direct mobiles who need to meet the current requirement of “adequate” space.
The Washington Constitution protects individuals from economic protectionism. Article I, section 12 of the state constitution—the “Privileges or Immunities” Clause—provides, “No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.”
The purpose of the Privileges or Immunities Clause is to “prevent people from seeking certain privileges or benefits to the disadvantage of others.” From the earliest days of statehood, the Washington Supreme Court counted the right to earn a living among the “privileges” with respect to which the government cannot play favorites. Thus, throughout the early 20th century, the court routinely struck down regulations that burdened the economic liberty of some citizens while granting special favors to others.
City Guidance & Resources
Municipalities can contact us for industry “Guidance on Private & Public Land Use”
Cities That Push Out Food Trucks Are Only Hurting Themselves - Institute for Justice: https://ij.org/cities-that-push-out-food-trucks-are-only-hurting-themselves/
Study Shows Food Trucks Not a Threat to Restaurants - https://mobile-cuisine.com/off-the-wire/study-shows-food-trucks-not-a-threat-to-restaurants/
Seven Myths and Realities about Food Trucks.
Harvard's Ash Center, wrote about the challenge cities face in” On the Go - Insights into Food Truck Regulations in US Cities.”
Food trucks typically are found to complement brick and mortar restaurants by creating more dining options at more times, transforming a place into a dining destination. In addition, the line between food truck and brick and mortar operators is blurring. Find the “Food Truck Truth” report here.
Food Truck Freedom - How to Build Better Food Truck Laws in Your City
RCW 43.22.410: Any mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and/or park trailer that meets the requirements prescribed under RCW 43.22.340 shall not be required to comply with any ordinances of a city or county prescribing requirements for body and frame design, construction or plumbing, heating and electrical equipment installed in mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers.
