BROWNSTOWN — Since Jan. 1, an ordinance has been in effect in Brownstown requiring mobile food truck vendors to apply for a permit at town hall.

Once they pay $125 for the annual permit and the application is approved, they could set up shop within town limits.

One of the local vendors, however, recently asked the Brownstown Town Council for an exception based on the fact that they are not operating as a mobile food vendor.

“The truck is technically mobile, but it doesn’t go anywhere,” said Nathan Patman, who operates Main Street Mobile with his wife, Angie.

“It’s physically connected to our building with electricity, water, propane tank all onsite,” he said. “The way we’re operating the truck is an extension of our brick-and-mortar building. The kitchen is there. It just happens to have wheels under it. It has only been off the property one time since we’ve had it open, and that was to an event at a private residence, which was outside of town.”

The Patmans started Main Street Mobile in July 2021 with the intent of running it until they get the nearby building at 109 N. Main St. renovated to open Main Street Diner.

Shortly after, the town council began talking about establishing a mobile food truck ordinance.

Council President Gregg Goshorn said the main concern was food safety for town residents, ensuring food trucks that come into town have all of the proper inspections and permits to operate. The Patmans said the Jackson County Health Department inspects their food truck and kitchen, and they have both a mobile food vendor permit and a catering permit from the county.

“It’s required by law to have a commissary kitchen for a food truck. We’re just fortunate enough to already have our building,” Angie said.

Councilman Mark Reynolds said the council also wanted to make sure the food trucks have liability insurance even though the county doesn’t require it.

“We didn’t want the town to be liable for allowing trucks to come in, somebody trips on a sidewalk,” he said. “That’s the main reason why we made this ordinance so that couldn’t come back on us.”

Nathan said they have liability insurance on their building and the property where the food truck sits.

“We’re on our own property. We pay property taxes where the truck sits,” he said.

Angie said the alley that runs between their property and the three-story building at 121 N. Main St. could use some fixing, and Councilwoman Sharon Koch said they are in the process of addressing that.

Koch said another reason for the ordinance is to protect the brick-and-mortar restaurants in town. Ironically, the Patmans have both a food truck and a brick-and-mortar business.

“By definition, it’s a food truck, but I certainly get what you’re saying,” Councilman Tim Robinson said to the Patmans about their request for an exception.

“Not saying that the ordinance doesn’t apply to us. I’m just asking for an exception based on the nature of how we’re doing business,” Nathan said. “At the end of the day, we are not operating as a food truck. It’s an extension of the building that we own and pay property taxes on.”

The Patmans were asked if they still plan to get rid of their truck once the restaurant opens, and Nathan first responded no but then said they are going to leave their options open.

He said he would love to see the restaurant open this year, but he’s not sure if that will happen.

“Working on old buildings, you never know what the next big ‘Oh shoot’ moment is going to be,” he said, noting, though, that “it’s a lot of fun” doing the renovations.

Goshorn told new town attorney Zach Miller that the previous counsel advised against exemptions or special variances and asked about rewriting some of the mobile food truck ordinance. Miller said once he gets a copy of it, he could look at making revisions.

“My approach is a little bit different,” Miller said. “I think that you can grant a special exception and you can put stipulations in there. … I’m a person who is pro-business, and I believe that we can make a law work to make businesses work in the town.”

Goshorn told the Patmans that Miller would review the ordinance and present any changes to the council to take under consideration, and they were OK with that.