A new set of bylaws governing the way mobile food vendors can operate within Mahone Bay is set to move forward this week.
Mahone Bay town council are scheduled to hold the second reading of the proposed drafts of the Temporary Vending By-law and Special Events By-law, and are holding a public hearing Thursday evening.
The new by-laws would limit food trucks and mobile vendors to operating one week per month on non-commercial zoned lands.
The change has become a hot topic in the town after the owner of a local, student-run ice cream stand claimed the new by-laws would effectively shut down their business.
He believes council’s push for the change has become a personal attack.
“We asked before the first reading to go back and change the language before the first reading of the by-law,” said Mark Lowe, owner of Seaside Creamery.
“They said ‘No, this is the way it is and this is what we want.’ They don’t want to negotiate, they don’t want to leave us there, they just want to shut us down. It’s very obvious because it doesn’t affect anyone but us.”
However, Mayor David Devenne said the by-laws aren’t aimed at a specific individual, but are instead an adoption of changing times.
Devenne said the current by-law governing mobile vendors was created over a decade ago, and didn’t take into account how these vendors could affect permanent businesses.
“These by-laws were created to sort out how the town could introduce increased access to mobile vending opportunities in a way that it doesn’t affect already standing brick-and-mortar businesses,” he said.
“The existing businesses want these temporary vendors to come to town, particularly on special event weekends, because frankly the restaurants in town can’t feed everyone who comes to these events.”
Devenne said the changes address concerns raised by local businesses and the chamber about vendors setting up beside businesses selling similar products and taking a large percentage of their profits throughout the summer.
But despite council claiming the changes are for better governance in the town, Lowe says the only food truck or mobile vendor he’s seen on non-commercial property lately is the Creamery.
“There are not food trucks on any other street in Mahone Bay in a non-commercial zone, but ours,” he said.
“Saltbox Brewery has food trucks, which is great, it really helps their business and the more people it brings to Mahone Bay, the better. But that’s the only other one.
“Two years ago, we let Joe’s Lobster Truck stay (at the property) for free and the town had no problem with that. When we put our own there though, that’s when they had a problem.”
As Seaside Creamery is on a non-commercial zone, it would not be allowed to operate for more than the allotted one week per month, unless it moved.
“The gentleman who owns the creamery owns the property across the street,” said Devenne.
“He could move his ice cream stand across the street to his property, which is a commercial zone, and he wouldn’t have the restrictions he faces on the other side. That was pointed out to him by staff.”
But due to safety concerns of people crossing the busy roadway, Lowe doesn’t want to move the creamery from its current location.
This leaves Lowe with only one outcome – Closure.
“I drive my own income from my other businesses, this is something we did out of the generosity of our hearts to help the students,” he said.
“So when the by-law passes, there is really nothing more I can do. The creamery will be shut down.”
Lowe hopes comments from the public at Thursday’s meeting will help sway some of the Councillors to either vote against the by-laws or push to change the language in them.
That decision though will be up to council in the end, said Devenne.
The meeting will be held virtually and streamed on the town’s Youtube page. Those interested in speaking during the meeting are asked to contact the Mahone Bay Town Hall to find out how to attend.
Follow Cody McEachern on Twitter at @CodyInHiFi for more.
