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COLUMBIANA -- The city has started the process to change the business code to regulate food trucks.
By a 3-3 vote that was broken by Mayor Bryan Blakeman, council last week gave a first reading to legislation that would add a chapter in the business and tax code regarding mobile food vending.
The legislation is the result of two years' worth of discussion among council about whether food trucks should be regulated in response to growing popularity locally.
Specifically, the proposed law seeks to address matters relating to licensing and inspections, location and penalties for those found in violation.
The legislation was opposed by council members Dan Bekar, Dick McBane and Crystal Siembida-Boggs and favored by council members Ted Souder, Rick Noel and Skip Liston.
Blakeman voted in favor, breaking the tie.
Bekar said he did not think the city should require application fees for people who own property in the city and wish to have their own food truck there.
According to the legislation, a non-refundable license would be required for those wishing to operate food trucks for a single day, six months or a year, with the fees set at $25, $300 and $500.
A non-refundable surcharge of 10 percent would be added to each license to cover the cost of the removal of additional trash in city trash cans that would result from the additional food business.
The legislation does include a stipulation that the licensing fees can be waived for special events, as well as charitable and non-profit organizations, upon request for a waiver.
Other regulations outlined in the legislation include a requirement that food truck owners show proof of a mobile food vending license through either the Columbiana or Mahoning county health departments, and proof of insurance, and that the city has the right to periodic inspections.
Siembida-Boggs took issue with a proposed regulation that would require background checks for anyone wishing to operate a food truck in the public right of way.
The legislation states that the city can deny a license to anyone who fails the background check, for reasons relating to conviction of criminal offenses, including sex offenses.
Siembida-Boggs argued that while she doesn't want criminals operating food trucks, background checks are not required for other business owners in town.
Blakeman countered that was because no other business is located in a public right of way.
McBane opposed the legislation on the basis that he wasn't sure if regulation was even necessary.
"I question if this is the right thing to do all," he said, adding that he was concerned the new business may detract from existing brick and mortar restaurants in the city.
He was not against allowing food trucks for special events in the city, however.
Noel argued that the city -- through the planning commission -- had already asked for input from local business owners two years ago, and no one came out against the idea.
"We got no negative feedback from local business. The more we have in Columbiana, the more people we draw to Columbiana," Noel said.
Blakeman suggested that application fee revenue could be placed in a new fund that would be specifically targeted for advertising the city.
A second reading of the food truck legislation is required before a formal vote.
kwhite@mojonews.com