The City of Ankeny regulates transient merchants via Chapter 132 of the Ankeny Municipal Code. The City, in 132.06, requires transient merchants to secure a surety bond. Iowa Code Chapter 9C requires transient merchants to secure a surety bond if they are in the unincorporated county or in a city without a transient merchant ordinance. Ankeny licenses food truck operations by administering requests via its transient merchant ordinance regulations because it does not have a separate food truck ordinance. Because of this, Ankeny has historically required food trucks to acquire a surety bond before operating in the City limits. This is not required by state law, and it is unclear if the legislative intent was to require a surety bond from food truck operators. As cities get larger and attract more outdoor festivals and gatherings, they often adopt separate food truck ordinances. Cities like Des Moines and West Des Moines have these ordinances and do not require a surety bond. Given the nature of food truck operations, staff believes removing the surety bond requirement is appropriate for this use. Eliminating this requirement will save food truck operators time and reduce their regulatory costs, and make Ankeny’s requirements more in line with other cities while we continue to research best practices for food truck licensing. The motion will clarify that the surety bond requirement set out for transient merchants in Ankeny Ch. 132.06 will not apply to food truck operations. It will continue to be a requirement of other transient merchants. City staff will research and prepare a draft food truck ordinance for Council’s consideration at a later date.
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