KENT, Conn.—The proposed ordinance banning food trucks in public places—unless hired for a town-sponsored event—prompted more questions than answers Friday night. Voters eventually opted to send it back to the Board of Selectmen for further consideration before it can be brought back for a vote.
At present, commercial food trucks are prohibited in Kent based on a 2022 board of selectmen’s vote. That vote made special provision for food trucks for events on private property with appropriate approvals from planning and zoning and the health department. Food trucks are not allowed on state road by statute.
Former land use administrator Donna Hayes said the proposed ordinance is a “housekeeping” issue, intended to codify the vote by a previous board of selectmen. She suggested an amendment to the ordinance that would have allowed vendors to make direct sales to the public at town-sponsored events.
Vendors hired by a private property owner for an event such as a wedding or an anniversary would not be allowed to make direct sales.
Questions were immediately raised about money received from sales during town-sponsored events. “If the town hires a truck, why doesn’t it pay like private individuals,” Mike Gawel asked.
“This is an ordinary housekeeping issue,” said Hayes. “The issue is whether or not private property could become commercial by selling food. That was the main reason four years ago.”
She added, “Restaurant owners have spoken out [against food trucks], we have had town meetings, it’s been four years and this is trying to it clear up, to make it fair for everyone. You shouldn’t have to charge your guests at a private event, but the town would do it as a revenue stream. Whether the funds go to the general fund or the food bank is up to the selectmen, but we need to close the loop.”
That opened a new lines of discussion. How would money be generated for the town? Would the income derive from permits? Would the vendors have to turn over the money from their sales to the town? Why would they come if they made no money from sales?
Andrea Schoeny recalled that Parks and Recreation had hired an ice cream truck to dispense treats at an end-of-the-season party. “Parks and Rec hired a business that might or might not have been a Kent resident. The amendment doesn’t clarify where the money is going and how the town is making money,” she said.
Moderator Matt Winters said that kind of detail did not belong in the ordinance, which merely describes the two circumstances under which food trucks would be allowed.
Schoeny questioned whether a food truck could be at the Farmer’s Market, a Chamber of Commerce event held weekly, partially on town land. It is co-sponsored by Parks and Recreation.
Former first selectman Mary Lindemayer termed the proposed ordinance a “good effort” but agreed there were many questions that were not addressed. He noted that private organizations such as the non-profit Sloane Stanley Museum could still have food trucks at events, but said more definition is needed when it comes to private businesses such as Motoriot or 45 on Main.
He concluded he was “not in favor of going forward” with the ordinance as presented.
Alicia Winters said the argument that food trucks compete with brick-and-mortar restaurants but do not pay taxes like permanent businesses is strong. “I think food trucks are detrimental,” she said, “but there are so many questions around the amendment. Who is paying, who is benefitting? I feel we should not accept it tonight.”
She suggested that there should be a single payer for any food trucks brought in, putting the town on the same basis as private landowners. “I don’t think the town should make money,” she said. “There should be no sales to the public.”
Lynn Mellis Worthington spoke not as a selectman, but rather as a member of the Merwinsville Hotel’s Board of Directors. She said that group once wanted to hire a food truck for an event.
“The company wanted a minimum fee for $500 for two hours,” she reported. “We could sell tickets to try to recoup some of the money, but that was the only way they would come.”
Moderator Winters said enough questions had been raised to make it prudent to table the issue and send it back to the Board of Selectmen for clarification.
He noted that a public hearing held two weeks before about the proposed ordinance changes had drawn only six residents. Town Clerk Darleen Brady took the opportunity to remind residents that they can subscribe to the town website to be alerted to meetings. All meetings are recorded and can be reviewed online in perpetuity.
In other business, the meeting quickly approved five other ordinances. They allow town employees to serve on the Inland Wetlands Commission; expand the prohibition of pushing snow into the road to include other materials such as leaves and debris; allow the selectmen to suspend the prohibition of commercial bus traffic on Spooner Hill and Bulls Bridge roads when routes 341 and/or 7 are closed; exempt veterans totally disabled in the line of service from paying taxes, and adding two small cemeteries to the Cemetery Committee ordinance.
