Insomnia Cookies has indefinately ceased it’s ground level vending operations according to the downtown alder as its vending truck is considered too large under a Madison city ordinance that limits the size of late night vending vehicles.
While Insomnia Cookies is not operating out of it’s truck, Insomnia Cookies CEO Seth Berkowitz said the company is still operating in a delivery capacity.
According to Ald. Mike Verveer, District 4, a member of the city’s vending oversight committee, Insomnia Cookies has had long running issues with the city such as the prohibitive size and noise level of its truck and some of the locations at which Insomnia Cookies has attempted to operate its business.
The maximum footprint a vending cart can have on the street is 10 by 12 feet, according to the ordinance. The cookie truck exceeds this footprint.
According to an internal e-mail from Warren Hansen, the city’s vending coordinator, Insomnia does not have a basic vending license for the city.
However, Madison ordinance dictates there is no size restriction in city parks or for special events. Given the upcoming winter weather when the options are limited, Hansen said he does not foresee the business operating in this capacity.
Verveer also said Insomnia Cookies has been moving around from location to location. Insomnia Cookies was recently operating illegally in the parking area at The Towers on State Street.
This action violates city ordinance prohibiting any vending sales occurring on private property, for which no vending license can be issued.
According to Verveer, the city’s building inspector office sent an official notice to The Towers telling them they could no longer have the cookie truck operate on their premises.
Insomnia Cookies has not received any official notice from the city regarding this instance, according to Verveer.
“The bottom line is it’s too large, and you have to abide by the rules,” Verveer said.
Verveer said nothing could prevent Insomnia Cookies from reentering the late-night vending scene and continuing to operate its business, so long as they have an appropriately sized truck and abide by city ordinances.
He also said one possibility is for Insomnia Cookies to operate with a small push vending cart, like seen with the small late night hot dog venders on Francis Street. However, Verveer admitted he did not know the feasibility of this operation given his limited knowledge of how this could work with baking.
Late night vending has recently been in the spotlight of the city, with continuing problems of finding permanent, suitable places for the businesses to operate.
“Overall, I think vending is a nice amenity to have. The problem over the years is finding the right locations. It all comes down to location, location, location,” Verveer said.
In an upcoming special meeting of the vending oversight committee in December, potential solutions and vending issues will be discussed.
One potential idea would be for other locations to be offered as viable vending sights, such as campus locations — including near the Kohl Center and south of University Avenue — that would serve the student population during lunchtime, Verveer said.
