During the recent recess meeting of The Magee Board of Aldermen, the ordinance governing food trucks in the city was the main concern.
Zoning Administrator Penny Aguirre discussed updating the current food truck ordinance, Ordinance 282, to match the current state guidelines. She explained that Ordinance 282 had been in place since 2018 and allows for food trucks to come and go as they please.
She presented recommended updates to the ordinance that would require the truck owner to produce tax documentation and licenses. She said this would require the food truck owners to show proof that they are in compliance with the state and would require a food service permit from the Department of Health. She said the new ordinance would also require a cash sales tax bond, and spoke of the penalties associated with the updated ordinance.
Aguirre also recommended that the ordinance allow food trucks that are sponsored by a school, church, or special event group through a special event permit.
Mayor Dale Berry commented that he was against it.
Berry said, “I don’t have a vote but the mayor is against it. You lose property taxes and you lose sales taxes. Who reports to the health department and who is supposed to handle the garbage?”
Restaurant owners from around the city were present, and Mayor Berry acknowleged them before giving them an opportunity to speak. He pointed out that the new businesses around the city thanks to owners Carroll Berry and Skip Russell. He spoke about the success of Fernando’s and Jose’s restaurants and what bringing in a taco truck to compete against them would mean for their businesses.
Carroll Berry, owner of Berry’s Seafood, spoke first and said he has $3.5 million dollars invested in Magee.
He said, “I believe if you’re going to plant your feet somewhere then you plant your feet. Coming in and out taking our business makes no sense whatsoever and it does nothing for Magee.”
Carroll said if it was up to him he would do away with it and keep the food trucks as a town matter instead of any public vendors being able to come in.
Skip Russell, owner of the local Popeye’s franchise who is building a Newk’s in Magee, said he felt the same as Carroll. Russell shared numbers and statistics from his Popeyes. He said salaries of $500,000 to people that live in and around Magee and spend their money here. He paid the 1 percent special tax that hotels and restaurants in Magee pay goes towards the Sportsplex, which was $24,530. He added that he spent $18,000 in sponsorships to schools and local sports programs, along with $11,000 in property tax.
Russell said, “I invest in this town and I have my whole life. Over the last 12 years I’ve spent about $2.5 million, and over the next 14 months I’m going to spend an additional $5 million developing the shopping center next to Zaxby’s that will house Newks.”
Russell shared that after the center with Newk’s is built, he plans to develop another center just south of that location near the nail salon for an additional $3 million.
He said, “I’m investing the money I make in this town, in this town. So I’m not for food trucks that come here from Rankin County or wherever they come from and they don’t report taxes properly.”
Russell said he is fine with Crazy Day because it is once a year, and he can budget for it. He explained that Crazy Day is the slowest Saturday of the year for his business and that food trucks are arisk thta could turn that Saturday into days of the week or months of the year. He explained that once his sales drop to a certain level, he would have to start laying off employees “and these are the people that live here.”
Other restaurant owners shared similar sentiments before the meeting was called back to order.
Aguirre said the revisions to the ordinance combats the perception that food trucks can roll in whenever they want. She reiterated that the updates to the ordinance prevent that and requires the trucks to be sponsored by a church, school, or community organization. The revised ordinance also keeps the trucks in specifically zoned areas.
The board took the information under advisement and tabled the item.
