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051314 Worksession Item 1 - Food Trucks CITY OF RICHFIELD, MINNESOTA Office of City Manager May 8, 2014 Council Memorandum No. 50 The Honorable Mayor and Members of the City Council Subject: Food Truck Discussion (Worksession Agenda Item No. 1) Council Members: On March 11, 2014, staff met with individuals who had approached the City for a discussion concerning the ability for food trucks to be present in the City of Richfield. They were: John Levy, Food Truck Association and AZ Canteen owner, Asher Miller, Director of Operations for AZ Canteen and PJ Fiske, Owner/Operator of Kona-Ice. Also present was Steve Devich, City Manager, Pam Dmytrenko, Assistant City Manager, John Stark, Community Development Director, Angie Schaefbauer from the Richfield Chamber of Commerce and various staff members representing Recreation, Community Development and Business Licensing. John Levy, President of the Food Truck Association explained there were 63 current members of the association with another approximately 60 who were not members but operated food trucks throughout the Metro. Mr. Levy explained that this was a growing business and that they primarily use private events, parks and business invitations to reach their clientele. He indicated that approximately 10% of a crowd is likely to utilize the services of a food truck so a crowd of approximately 1,000 would be needed to make it attractive for them to be present. Staff concluded that discussion indicating that this would be a topic for a future City Council study session. Staff also indicated that it might make sense to try some temporary events this summer on a trial basis and go from there based on the results. On March 29, 2014, staff met with Lynn Moore, Environmental Health Division Manager for the City of Bloomington, whose staff conducts food inspections in Richfield. Ms. Moore instructed staff about food safety concerns as not all food trucks are designed and maintained at the same level. It was noted that some food trucks do an excellent job concerning food safety while others do not. . Ms. Moore indicated that Richfield is currently set up to allow food trucks on a temporary basis for up to 21 calendar days each year. She indicated that her staff is on duty on weekends and that they will conduct food inspections of vehicles on the days they are operating. However, she noted that in some cases, inspectors have found food safety issues that required the trucks be shut down even after a license has been issued. In general, after considering all of the issues, staff concluded that it could recommend ' allowing some temporary events this summer involving food trucks to see what transpires. At this time, there hasn't been enough study to decide whether this is something the City is interested in on a larger, more frequent scale. The issue is presented to City Council for their feedback at this time. 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'� � �, = 1 ------=---�i � , : ,♦ _ , � 1 °-.��,_....... '� --.___Y...,._ o . : _ � �°-s � � �, / '-"+`�. ?� � P'1:. .� ��. ' � � . '� �x�`. ♦ � � � �r r �lii t'r r r� �� - ''_- ' �1� � � , Refuse ; ��; ' � �� ------ � '� �"��' ------• �, �....•r ♦ � i ♦ �r � � " i ♦ }'p �+ �� • "� �� '�� . .. ,�a.�s�� . ♦ t , ►�, �I .� � -I11�1.1�l1� . . , R�O�Q lU i�. . .__ • • , �•___. ._. .. . , . _o �--- � � � �: _ _ , ,� � - _.: : -. - ,.- . ..- : ° _` ; = �.. . ; � : - � � � 3 �, t I I � � ,. � � � Tr,�� Lp,w s � Food � � to Bu�ild Be�te�,� C�,t� = H�� tin Y°u } 4 3 � �. � �g' L' � �k � R- � j � by Robert Frommer and Bert Gall , I-- institute for Justice � November 2012 t: �U(1�W��lU This report is a project of the Institute for Justice's i�lational Street'�Iending Initiative, which the Insiitute created in 2010 to promote freedom and opportunity for food-truck operators and cther street vendors. The initiati��e also seeks to combat anti-r_ompetitive and protectionist la�r�s that si.ifle the economic liberty of mobile-food aperators and street ven- dors. Through this initiative,the Institute has successfully fought protectionist restrictions in court, and it encourages cities to instead enact narrov��l��tailored laws that address legit�- mate public hea!th ard safet��concerns��hilz not stifling entrepreneuriai drive and opportu- nity. (For current ne+r�s about the initiative,go to��v��v�r.ij.org!vending.) In Z011, as part of its educational efforts, the Institute published Streets of Dreams:How Cities Can Create Econornic Opportunity by Knockiny Do�Nn Protectionrst Barriers to Street Vending, which for the first time documented anti-competitive Ia�NS and regulations that restrict street vendors in the 50 largest cities in America. in response to that report and the gro��iing popularity of food trucks, cff�cials and food- truck operators halie asked for examples of good la�nis that allo�+�the�ood-truck industry to flourish while also protecting public health and safety. The Institute for Justice,dra�niing on its research of food-truck la�rls nation�,vide, as �nrell as its experience litigating vending cases and its discussions with food-truck ooerators, associations and government officials. created this document: Food Truck Freedom: How to Build Better Food-Truck Laws in Your City. � I�� ' � � i tAB1E OF �0(iTEfiTS Executive Sii►nmarv S Introcluction 7 Case Study: Los:�ngeles 1� Los�ngelesrrom the Trenches 12 How Cities ShozLld Address Public Heatth and Safety Issues 14 Food Safety 14 Food-Safetu Enforcement 1� Parking � 16 IJ Origi�zaI Research on Food Triccks and Sidewc�lk Coragestion 20 Refiase 21 Liab2lity Insurance 22 Hoicrs of Operation 23 Empioyee Sanitation 24 Comntiissary Rec�iciremerits 25 Permitting and Licensing 26 Gonclusioti 29 Eo�� uc�_ ;�:,, � � � � � � �. * -�� ° r ��'��E��1�� 4, ��' . � _ = :.# , _ �� .. America is e;<periencing a food-truck revolution. These mobile kitchers are a 5,,lay for ne�hi ar�d innovat;ve chefs who are long on ideas but short on capital to try out new�concepts and dishes. T'nanks tc their lo:��start-up costs,food trucks give new entrepreneurs the opportunity to gut irt;�business for themselves at a fraction of ti�ahat it�n�ouid cost to open a restaurant. These newi businesses oFfer consumers more dining options,r_reate jobs,and improve the o�✓erall quality of life in their communities. In order to foster the conditions that,naill let food trucks thri5re in their cities,officials should remember the two principles of good food-truck policy: 1)no protectionism;and Z)dear,narro�r,�l��tailored.and outcome-based lawis. The follou�iing recommenda±ions—based on the le�islative best practices of Los Angeles and other cities that have experience regulating food trucks—exemplify those principles. All of the Ia�NS featured in this report are curreni as of September Z012. Distanee ta Intersections: The{nstitute recommends that FOOD SflFETY� The Institute for Justice �ities follow the example of Et Paso,Texas, �vhich allo�nis food recommends that cities follow their state trucks to operate on the public avay so long as they are not and county health codes. To the extent the parked v��ithin 20 feet of an intersection. county or state food code does not deal �r�ith Use of Metered Parking Spaces: The Institute recommends a specif�c issue,the Institute recommends that cities followi the example of Los Angeles by ailo��ing foed that officials follo�,v the requirements of trucks to operate from metered locations. Chapier 10 of the California Retail Food Code, which governs food trucks. Duration Restrictions(How Frequently Food Trucks Must Move): The institute recommends that cities follo+n� the FOOD-SA�EiV EtiFORGEmE�1T: The fnstitute examples of Philadelphia and New York City, which do not recommends that cities follo�v the approach force food trucks to move after a certain period of time. of Los Angeles County, which inspects potential Sidewalk Congestion: The institute recommends trucks both v�hen they are first permitted and periodically�vhen they arz in the field, that cities follov,.� the exarnple of Los Angeles, �nrhicf� Inspectors should hold food trucks and specifies only that fo�d trucks not operate in a manner "v��hich �r.�ill interfere with or obstruct the free passage of restaurants to the same standards. �destrians or vehicles aion an such street, sidewialk or p- � Y parkway." �fl��: Proximity Restrictions and Restricted Zones: Cities should not pass or retain REFU��; The Institute recommends that cities follovv Los laws that tell food trucks they may not Angeles' approach, vvhich requires trucks to 'pick up, operate either within a certain distance of remove and dispose of a!I trash or refuse l,vhich consists of a brick-and-mortar competitor or in select materials originally dispensed from the catering truck'' and parts of the city. Protecting a few select to provide '`a litter receptacle which is dearly marked with businesses from competition is not a proper a sign requesting its use by patrons." Cities should further government role; instead. cities should specify the precise distance from the truck for which �eg�ilate onl;� to protect the public against operators are responsible. act�iai health and safety� corcems. , LIABIL(TY ((ISURfl(10E; The Institute recommends tnai cities Cast: Tne Irstitur_e recommends that cities follo��r�i the�xample of Los Angele�. n�hich doQs not require �!�P�se a flat anr:ual f�e in the rar.ge of trucks to purchasz liabilit f insurance be�,�ond the amount $Z00-$300, as both Cleveland and Kansas required af all ,�ehicles under state la r�. City, Mo., havz done. To the extent that j a aty issues licenses on a calendar year i basis, i±s fee should be prorated so a truck HOURS OF OPEHATi�t�; The Institute recommends that cities �irst getting on the road 'nalf�,vay through folloU�Los Angefes`app�oach and not restrict��rahen focd the year�r�ould pa�.�only half the fu�!-year trucks may operate. amount. Who the License Covers: The Institute EmPlOYEE SA{11TATIOt}: recommends that cities follo��the example Handwashing: The institute for Justice recommends that citie; �F Los Angeles County by�icensing the folio�ri the example of Los Angeles County and the California overal!vending business rather than the Retail Food Code, �n�hich requires trucks t�have hand}lvashing individua(vendor. stations if they prepare food, but does not require them on irucks selling only prepackaged foods iike rrozen desserTS. Limits on the Number of Permits Issued; The Institute recommends that cities follo�v the Bathroom Access: The Institute recommends that cities example of Los Ange!es and not limit the emulate Las�/egas, Charlette and Portlar,d; Ore., by noi number of food-truck,oermits. requiring that food trucks enter into bathroom-access agreements�r:�ith brick-ard-mor�ar businesses. ?he specific la�v��s and rzgulatory ma- terials upo� which these recommendatians C0�1�1(SSRRY REQUlREfT1Ef1TS: The Institute recommends are�ased are discussed tnoroughly in the that cities iollew the e;�ample of Portland, Ore., �rrhich exempts pages that follo��. Cities should implement food trucks that carry all the equipment they reed to satisfy these recommerdations, tivhich�r�ill both health and safety concerns from having to associate v,iith a protect public health and safety and allo�rr commissar�. For trucks tnat do reqGire commissaries..the food-truck entrepreneurs to create and Institute recommends that cities follc�u Los Angeles County's run businesses that+n�ill createjobs, in- apprcach oi aiio�aving trucks to share commissar��space. crease customer choice, and boosi the (oca! Cities, ho�,+ietrer, should not follo�n�Los Angeles Couniy's economy, practice of ferbidding shared commercial kitchens, and should emulaie the modeis put for�n,�ard by cities like�lustin, ?exas. and San Francisco. �+r�y{� '_[ �_�_ .� i �'_ � ! ' ��ttCtlJ�IIU: y - i . )g 3 i" � g i ��1.::�711`ti), : � �_s f 2 � '� a � Application Process: Cities shou!d follo+n� the licensing � � ° �,x��`�� > �: * � approach of Los An��les County, ,,vhich has a simple and ��: straightfor�;vard application process. In terms of guidance. ' '='��-~-�� ":. cit;es shouid emula=e Boston and MiI�;,,aukee, wihich ha��e�oth published step-by-s[ep instructions te guide entrep�eneurs threvgh ine licens;ng p;ocess. �9QU � �RUCK_ -. _-►r � . . : . {(1TRODUCTIO(i � lY�e food-truck re`lOIUtIGfI IS S�aleeping the nation. Ir z010. The Economis_r magaz:ne predir_ted �har '`some of the best food Americans eat may come frorr� a food tr��ck." ll��at prediction ha�come true. Gou�met t�ucks across the countr�are at the forefront of modern dining, serving affor�able and deliciou�fare that rareiy car� be found at the neighborhood sand�nrich shop. In addition. food-truck "rallies" ha��ie become popular social event� around the countr�,v�rith events frequentl�l dra�n�ing thousands of hur:gry customers.� These mobile k:tcrens are also po+n�erfuf engines af economic growth. Together, food trucks directly employ thousands of peopie nation- �,vide, and the trucks,equipment and food they purchase generate millions in economic activity. In its Z011 research report on street vending entitled Streets o f Dreams.the Institute fer Justice explained ho�N street vendors,induding food-truck o�n�ners, are creatingjobs,satisfying customers and generally mak�ng their communities safer and more interesting places to live.= Belo�r� are just some of the benefits that food trucks are providing as their numbers grow�in cities across the country: -Food trucks createjobs,buy products In Part I of this report,the Institute for Justice outlines and services from local businesses,and t�r�o important genera! principles for regulating food trucks, contribute sales taxes and permit fees to and then discusses ho�,v those principles have led to a thri��ing cities. food-truck economy in the city of Los Angeles, v�hich has the best overall legal frame�vork for food trucks in the country. �Food trucks attract foot traffic to �n Part II,the Institute discusses ho�N Los Angeles and other commercial districts—N�hich means cities have addressed speci5c regulatory issues based on an increased sales and a �nore vibrant retail- business environment overall. Institute survey of tne food-truck la��vs in the 50 largest cities in the United States. Using these exampfes, as Nrell as discus- .Food trucks serve as"eyes on the sions with government officials,food-truck o�nmers and other street" and make the street a safer and stakeholders,the Institute then offers recommendations as to more enjoyable place to visit. Their �flhich cities' laws are models that other cities should follo�ri. presence can help prevent crime and revitalize underused public spaces. TUJO if(1PORTfl�iT PRl(1ClPlES FOR THE REGtlL�tIQi10F FOOD TRUCIiS �Food trucks give entrepreneurs v�rith big dreams, but on�y a little capital,a�vay to in this report, the Instituce discusses a va,�iety of specii�c start their own food-service businesses. vending issues. While the details o�each city's lawrs carcern- In many instances,trucks serve as a irg these issues may vary, the Institute for Justice has found stepping stone to�;vard opening a brick- thae the best la��vs typically follo�v the same pattem�r 1j not and-mortar space. Food trucks aiso give protecting incumbent businesses from r_ompetition.and Zl existing restaurants a new wa�,�to reach Pi.oyiding ciear, narro}.�ily tailored and outcome-based rules their customers. that address actuai health and satety issues. Given the raoid groN�th of the food-truck industry,it is little surprise that city o(ficials across the country have started to Icok for an- Principle#1: No Proteetionism s�nrers about how to regulate this nev�i culinary Cities should not pass la��vs mea�;i to prote:t establisheci trend. Tlie purpose of this report is to pro�iide businesses fro�r competition from food *r��cks. Some of the those answers. anti-compet�t�ve laws the irstitute for Justice first identified ,."d;: . . -�ir;yC ,__... : , : . __?n t� _..., . _-., --�.,_-. ,.:. )i .�.3 �.: 9 ��.:t . ... , ; '�'_._ , .. „z;-; s _. -�i ;,.-;�_ �..y ,.' _ ,..: .c-: r. _�_ .:. :.��r.� � . . �.�'i . . _ ._... ... , ... _ ._ � � � � —_----- y t_....L._ � s�i ox;, � ai� in Streets of Dreams prevent trucks from operating in certain r ` '"" ��-. commercial areas, require trucks to move after an arbitrarily `��—==-- `—'` -_ ` - short time,and even stop truc(<s from operating �niithin a .. � � _ � _ certain distance of their orick-and-mortar competitors. These protectionist laws do not help protect public health or safety. - lnstead;they stifle entrepreneurship,destroy jobs and hurt The Institute forJustice's 2011 vending pu�Iicatian, consumers both by raising prices and by giving them fewer Streersof�reams. choices.1 Many of these IaUis are the result of lobbying by a Principle#2: Clear,Narrowly Tailored and fe�� politicaily connected and pov�rerful brick-and-mortar Outcome-Based Laws restaurants, vvhich argue that since food trucks don't have the ��ties should focus their efforts on same costs in terms cf rent and propert�f taxes, they amourt enacting clear, narro�.vly tailored anci to "unfair competition." Of course, this argument ignores the outcome-based rules that address legitimate fact that restaurants have many advantages over foad�rucks. and demonstrable hea(th and safety No food truck, for instance, can offer its patrons heating concerns. First. any Ia�NS that a city enacts or air conditioning. Trucks generally can't offer customers should be drafted in a ciear and easy-to- any+n�here to sii. And since space on a food truck is limited. �inderstand �rray. Clear laws are easier for orce a truck is out of forks, knives and other supplies,it's just food-truck operators to follow, since they out; there's no stockroom in the back to turn te. need not guess at v��hat the law requires Nith all these inherent advantages, restaurants don't or prohibits. They make it easier for ne+�v need the additinnai advantage of government intervention to "procect" them from food trucks. Furthermore, enacting entrants to get permitted and on the road. rules to protect some businesses from competition isn'tjust And, iastl;�, dear ia�,�is are easier far a city to ��irong, it's unconstitutionaL Both the U.S. Supreme Court administer and create less risk tnat officials ard numerous federal courts have held that it is illegitimate `�ri{I apply��aguel��worded restrictions in ar for state and local gcvernments to pass laws that burden one unfair and anti-competitive manner. set of businesses in order to benefit another, more politically Second,cities should enact nar;o�vly tailored la�,vs in order noi to thro��v out the pow✓erful,group.= pro��✓erbia! baby��aith the bath�rvater. In , .: ,_ _ -,3, -. -- ; & ��oD ��. .; __;, other�racrds,cities should put rules in plac� Regulatiors tha�foa.s on resulis are simpler to foilo�rv and that go no further than�vhat is needed givG focd �ruc�s ar opp�rtun�ty to fig��i.�out*he best�ria,� tc to sol�,ie the particufar problem at hand. sol�ie the probl�m. One example is ho��cities regulate t�ash. Overh� broad and restricti�ie regulations A.it"ough most cities�equire fooc�trucks to pick up the�r dor't better protect the pubiic, but the�� refuse, a fe�,+� c;*ies painstakingiy detail the kind of trash cans can make running a business more difficult. a truck shouid use and �,j,�here they must be placed. ?his top- if not impossibie. One exarr�pie comes up do��vn ap�roach stops trucks from comir:g ua��vith creative �»ith regard to congestion. I� Ne�ri York solutions, and its one-size-fits-all nature means that some City; khe areas around theaters can often trucks ��vill ha�e to carry trash cans that are far larger and become quite crowided, particularl�� as more unw�ieldy than�,vhat they actualiy need. Instead, cities theaters let out. Ne�,v York's narro�r�solution should lay out their regulator��goal and then give the trucks is to prevent food trucks from operating fiexibiiit�� in how the�/meet that goal. at these specific locations during show� Ultimately,the prescription for food-truck success time. By contrast,turning all of midto��r is simple: provide trucks wiith clear, narro�n�ly tailored and Manhattan into a "no-�rending zone" ��rould outcome-based rules that address the public's legitimate be regulatory overkill and would appear to health and safety concerns. And then step back and �rratch be born rnore out of protectionism than any this ne��v, dynamic industr�/, tnaith its jobs, satisfied customers legitimate concern for pubiic health and and re��italized public spaces,flourish. Ta see ho�N these t+nao safety. princip(es have been applied in the real u�iorld, look no further Officiais should also enact outcome- than how the birthplace of the modern gourmet food-truck based regulations, rather than regulatiors movemeni—the cit�/of Los Angeles—regulates foc�d trucks. that Specify particu!ar methods or processes. ��: �: ,��€, �; : � � � � �� s � _ Ji: � ��`a�FE� ��` . ,:. .3 .. l`�� 3 { ..i-� ��H�� ..�,...°'~'" r� - � ��, < - -� - ,�� !� --` �� = ��.� �� = �t�. �� ,i .� �q' � � ��.y �.� # ,+ *i F �i�: �-�,y.,�'- 's�v�as'"3 ,,' �,�i!w,; .�`. - � '� - '�?� ..3„� �9_t ��s`� ' r a rt' � f�I�� ; S A... �� ' . . � -:�; �� ___ t 'F' i,.'1:f �.°��:�j �� ''��.. 4°'"=C.-,t c��'r-� �` a� . +ir�� .. �'`�� .,�,. � . n:' :�� -,/ •.it - y� � \� n,�4� � �".� _ _� .. . . . _. .. . .. r-}�� - e'^^Y« r�i�. ir . . �4.i_ . �. _: Y.• _ 6 . . . ' .. �__....; . '. , . . :...�,d�ya �--• ..� `�Y�_'n .,�""nr_fk�i,3.�l.�3+.�w�'^u: �..�!}S_. .+..�)av �-'1 n 7 �_ �� s �Q� ��€� T?�e food trucks'success in the city of i �os Angeles, along��ritn the great berefits ` those tr,:cks oro��iide, shord tnat i.�.`s 0�ali the cit�es in the United States, fev�!are mo;e regulatory frame�,vork is ane that other cities closely identified�rrith the fo�d-truck r�evolutior� ihan t"e Cit�� ,,,�oul� do ti^��II to emulate. �os Angeles` of Angeis. For decades. "loncheros" served tacos, burritos suc�ess comes from its adherence to the and tamales to construction crews and the occasional office t••,�!o principles discussed above. �nrorker.° Then in late 2008, two entrepreneurs named Roy First, Los Angeles' regulations are Choi and PAark P�anguera came up with the idea for a Korean/ nct designed to stifle food trucks for the P�texican fusion taco truck.'Naming their creation "Kogi," the aurpose of protecting brick-and-mortar t�rro struggled a±first, f�equent!y setting up outside nightclubs ras'taurants from competition. As discussed in Holly�,riood.' But soon Kogi �,vent viral afier Manguera ard above, incumbent businesses often ask Choi started using T�Nitter to let peopie kno��where the truck local governments to put roadblocks in ��rould be at any given time.�Since then, Kogi has been a wild the�nray oE their r�e�v competitors. But Los success and novv has four color-coded trucks on the road.'0 Angeles` code contains fe��v if any anti- Other entrepreneu�s quickly realized the potential competiti�re resirictions. Unlike Chicago, that gourmet food trucks had to offer. Within a fe��v years; San Antonio and New Orleans,for instance, numerous entrepreneurs began to roll out their own kitchens Los Angeles does not say that food trucks on v�iheels. No�r�Angelenos ha�re access to trucks selling cannot operate+Nithin a certain distance of everything from Viecnamese Banh Mi sand�,riiches to Ha�d,�aiian their brick-and-moriar counterparts. This shave ice and home-style macaroni and cheese. The public difference is partially due to an earlier ruling reception for the trucks has been o�iertnrhelming,and the by a California court that such proximity advent of food trucks has in na �riay diminished L.A.'s vibrant restrictions are unconstitutional.`` Likewrise, restaurant culture. instead,Zagat.com reperts thai restaurant Los Angeles does not re^yuire that food customers belie�_ie that the area`s restaurant scene has trucks be hailed be�ore tFey stop and serve improved.''' customers. �1nd it does not artificialiy But a more-vibrani food scene is noi the only gift the restrict�n�hen food trucks may operate. trucks have gi�ien Los Angeles. The growth in Los Angeles' Furthermore, California la�n�has helped food-truck industry has created hundreds, if no�thousands, Protect the public against attempts at oi new jobs, both on the trucks themselves and also at the Protectionist legislation. In July 2006, the businesses that design the trucks, build them, and suppiy city of Los Angeles oassed an ordinance that them with the equipment ard ingredients.that they need. ordered food trucks to move every 30 or 60 Furthermore, having the food trucks out and about dra�NS minutes depending on whether they�n�ere in hungry customers outside as�Nell, and as urban theorist a residential or commercial area.'= The city Jane Jacobs pointed out,"a well-used street is apt to be began to stringently enforce the duration a safe street."'L Lastly.food trucks are entrepreneurship restriction in z009, but it was soon rebuffed. incubators. Food trucks, with their lower capital costs. are a On June 10,2009,Judge Barry Kohn of the �;vay for chefs to trv out nev��cuisines and new ideas. Those California Superior Court invalidated the o�r✓ners �n�ho succeed often take their winning ideas one ordinance because it expressly conflicted step further by expanding their businesses and sometimes �vith the state vehicle code,which permits opening brick-and-mortar spaces. As a resuit of his food- cities to regulate vehide vendors only "for truck success,for instance. Kogi's Roy Choi expanded his the public safety."�° A similar duration empire into brick-and-mortar locations, induding his nelN restrictior in the Los Angeles County code restaurant named Chego.'' had earlier met the same fate.' �. , .. , , . .-� _. . - -_,- _ �. _ ,. _. . . ,._ _ .:_ . :i. .. : � �:..:.- �-:'. �.i�.�. _ ...,_. :_ . _.,... _ _ _ ' .:(.,.. I . .;_ . i ._.-.._. . ,_ ,.._ � .�. .. _ . ._. _ _�..�. i -.�,pr'.. _�..;n � ��.�� z ..:r:� ��- - � .,. ,a r ,_=- ;. �r ,..... 7 ._ ._.� - . ._.. _ <:.;: ' ' .... ,��:,.. -,..� . �-'_ ' ._ ..' � ---. '.,.e� '._� _ _ . .,- :; . -.. "�_ ��. �i..:.� ...., ac_ -.. y, .��-.-.. .' . _ ` .... ...� _. .. . ....� __ � .. ,..,. ,.7� :. .,.',., ._.'- -, ,-.. ., .. , .�. ,._.., -..,��-_�, _�___ __ r..y ... � ,. , . .. ,-� ._ _.. ., ,- . -:., . ,- .�. ��-. _;- .. -.. .. . . .. .. ..... . .. : � _. _,- . _._, � ,,.:: ,.. .. .�: .,., . . . . .. ,�: „' . y....�.._-' -- -- .-.,. , . _..-- . �,,m , ..-=�s. c. ...._ .,.'.. I�J - -.. .�.,.- �a--- - - �oo� �� .:,, Second,the la�r�s that the city cf Los �� tps �(��ELES RS fl STRHT{(1G P01�iS �ngeles does ha��e in place are generally narro��ly tailored to deal��ith actual health Although they are not perfect,and have been the and safety issues, straightfor�r�ard, and subject of fights both in council chamber Pne�rall ta su�cess. foc!�s on results rather than on methods and Los Angeles' food-truck regulations are g.. y processes. Together,the state, county and Los Angeles has a�oided protectionist laws in favor of dear, city have established rules to govern,among narrowly tailored and outcome-based health and safety otner things,what facilities and equipment a rules, and its approach should ser�re as a starting point for truck must carry on board, ho�N it prepares cities that are drafting their o�Nn food-truck lav��s. On the food and N�here it may operate. In Los next t�r�o pages,the Southern Cafifornia Mobiie Faod Vendors' Angeles, the la�v does not micromanage Association empnasizes the benefits of the approach. Then, trucks; instead, it mereiy requires that starting on page 14,the Institute for Justice will discuss various they obey the traffic rules applicable to all food-truck topics and explain �Nhere L.A. has done 5r�ell,�vhere vehicles,'�follo�v basic safety precautions'y it has gone a�riry, and where other cities might ha��e a superior and pick up after themsehies.Z� That said, a�p�oach. The Institute will then go on to provide specific some provisions of Los Angeles' la��s are recommendations that cities can adopt to address the main overly burdensome. Tt�e city's requirement public health and safety issues concerning food trucks. that trucks not park v��ithin 100 feet of an intersection,zf for instance, seems excessive, particularly since other communities allo4v for much more reasonable distances.�� _ - � � �. � � �, w� �z ��s � F�``.- " .��FQ h � _ �'�.f3' i 'L' .:'f� - - - ��' �, ' �x _ � � * � _ ��` '� ' }} � I ' �.� Yl � �� II I Il -._..�::f.^.,i......, - _. ..,. � .. � _._.oi .:i.. __.. .ir: . _ . ._ i . .�....: _...._.. a . " �iE3a�iilt�i�>�:_. :1:..._�._, — ,�,._t„i�G" ..v... �1�'. n_, r�h. ._-..�,.... ....,t'_. .._.� a. ..^_(`.: . T� �k 5 :�i �4-ly - t'- - _ . �'�E° y�@ � za "S{ _ _ �' 3 ._T Z�,t >r F _ - ' ' � � �K � -4 }, - - , _ -� : ....= � �. , .�_; . . . f - `�3',.> � ,_ _. . .._. . � ., � ; ; S `,• �„ a' �� ''�`��° = - � :� � os �ngetes frorri the T�•enches � �,fntt ue�ler,�EO,and.ie�frev Qerm�r cr��Kef;r.Beh�encit Cou�sei,Southerr Cnii{r�rniu P�totr'p F�o�Verd�rs'.�s ociaticn _ y ' ��,P h -��r ,� � Southern California i�the most mature�"��b kn�a!:fcrn a�orrgene�ahon}'��d`�S�5-of th�s ur��at raco T ` tucks, or"IoncH°ros,° have b?�n a familiar 5.g 5 4u��c�r�z1�fo�nia and L�s Angeies zre mcre co;�FCrta��e'��h '�vh�t�e m�t t•�el!�d?rel��c�and�m:��e:�e nited States. Furthe��re th:s expe�,ercE has le� t�os hnge. of regu!ati�ns �r�the courtry. . g�t n�ne of this came easily. Cver,the�r�ars: Pu��halistfor aLmore reasonablef e'��d t�'�Y E�S��°t''�ent =c�,..ts. �n±h� srarP IPgis�ature.and in loca:gavernm`nt � *h�Jy Fv�.+,`s a,,�tfl5:ead s{mply`:c;�t to the {o;rnobile iendirig. Other states and cities v�.o��d dc�iE� �°°�� . So�'.� �-e o��ng any protECtionist la��vs on the�r�o�ks a�� pd�iesgreaula±ory anCS ape as}describ d incth s' 'cha Y P heaith a��safety issues, B f emu+atino the best pa�-ts nf ios Ang� g ;rep�rt, afhcials throughcut the cauntry car,r�a4e surF that : ;„ . ,r� , � � • trucks ccmpi•t ti^�ith the la�n:and that consume�s and ce��dQnt� : ,"o, � � � t' r, � are satisf�ecl. ' � , ,: � } : � Belrv';, N:�Friefiy describe ho��Los ti�geles u!�'tq��e j{� �. ,,,,�r� #��,r fy` 4 � > > 2 . �8�Si � 1 7 � P ; f Ebl1�dL0:°`�` �a(!�scape has e��o�V2d atl�ihF�C�nO�"i'li��ftG�SOCla} $ �E' r , _., `r {.'z�,',- � t !It ?` a.'v: r"' < �enef�ts that it has reiped pro�uce. � ,, -� t�;�•=� , <� � � . . . � - . ��7`�� k�� r!� <lj .i_..{� .. �- . . . . . ' ._.. .. . . � "'3, :; - '�' '_ � '� � - �t. ` sl�Iobite �'�nding`i1� Los�nbeles ' , _ - ;: . - Nis_o:icai;�;, mo�ile�rend�ng�n Lns f�ngE[es�rras rr�mari', � a business€��r:�cent im!�rigrac��s. P,�tany o{t;�t� ^tru�ks _ _ - >ef the1�70s ana?380s��.er°fcunded an� rur,b;` fv�2xica� , - imm�g;ants. Tr,zsc Iracks Laczd d��criminarary enfercemen� - - _ o i � 'Fl SOCil2 Ca5c5 G �tri��t at*Z!?i�TS(7�'C�f`� � Ot t�1�,3'v15<lRG�.� � O�CiaES r^v Shll�d0'.^jn mobil��%e�.d�r�!r T311'(CCfT1T.t1i1tt�25. -�,E�ai2 ZQ��S�d4�!the rs�0� ; Tr.ese picr�ee��fough�back h;'D��'"III� v,�h cw�i rsghts the m�--� _ = � - laavt�ers to push�acknon ;he'tend wErd ns wit�n1 0 feet g�a �P:rruo�<�radf�r mar e se'ned2 � b past,f�od t.� P � lClC{U�it?grJCl2t(lolP�.ii�� ._2� � ` - C�SLailfdfl��5 frQtit C�00f.'' �1E Ct1rC2n�5i.a`.2 Of f2gJ�ziEOf?S jS 3 '�G�tSL�I:E#I�I�ta�C� {�2(S dC1)G�SIr2S �"�;� " - business mcdel-ti��:�Pd,�;°��ursns the testa^�ent to thase advocate�. - Another key tc�a{�fornia's llending lane��a�.e cam° �oor;,cimes.but*he rea! e�tate�o��apse l98`+.�,�:hen ti��Ca!iFOrnia Lp��lat��re�assEd a land�nark Qf��G?-08 m2art�hat�here�r•ae�2 fe s: `' : � � :,�i�t� constru�<<�r s��cs tc s2r r!ce. �a C provisior t�ll:��g at�es that t1iev rr-�a'y C��`� f2��late rno6i�e � �Pa551VC et.CESS Cd�aClt'v GT Cdt2"i(l� _ vending"for the pub(ic safek; ` One�;ear latEr the - � r �r �;e��tin cities fr�rr�' vehicles rnan�;��ntr �re-�eu�s bo�g�'�t tr.,cks Cegislaturz �r��nz one ster fur he,-by r � } � and repurp�se�!*`�e��t: This Yvas relped.+n _ i;�sr,t�,tmg out�,gnt t�ans�F mo�t�e s�enGing_fgor an �reaso�.`' �art.b�,�the fact chat�as�r�ge!es is pcm� : : This Mav,�i:as l�;el�ed f��d trucks fight back a a�ns�anti to a fam�h�-b�rs;ness culture and a iarbe '. : ccmpetiti=ie'restrtct�ors at the cit,�and count��fevels. �_., � - - _ _ -- - - - �w.: - - -- - - - - - au,; � ,. - r - - _ - � - :, _ � � � - - ` _ ._ ..i4._:: < _._r. ' ..:} -- - - _ � :. F .� � t .,r.t, , ':" �.. �_ , .....•..� � _'. - ._ - . . '-'., ,, _ : ,_': . ' _ .,._:__. -<:._�_-_. .,:.._�.1_:: _....c.• . ._�. _: -.-_ ' .., -:;-. -: = �. .: . : . _ ' " " _ "_— _ __ " ° ' _ " "' _ ' _" _ _ '_ ° _" ' _ " '.� ' _ �.._-. . .�_.. , ._:_: �� ;_ ::_ _.- ' _ ' ' ' "' " _ '_ _ �E- __ _' - _ .- _ -. . . . . : - . E.ri� = � �a Foo� R�CN, - -T�.;� � .. - �r � " F numbe�of d+tferent ethnic groups. rnam�of Than4fuf!,�.for�,«arr�-I�ok:,ng offic{a!s in Los AroEles ha�fe �- wnorn hro�ght ne�e food��ncepts to this h.eard th�s me�sa�e. em�raceq'rt.and novv see t"r,e`cene�ts ' emergtng ir:d�stry. thzt come t��m��lir,g food trucks the freedarr.to ope�ate. +'" `[3ut til2 gf0'1ltll ICl C�"115(4P_�`l 1ilC�U:i�t`i �?.'S(1df1�35 O��Ga�Ga�r flU�S(�'a`;JCie�Zt� �rlt!!"2�'(t121`i fOOd- �F ' r�:ffle�some feathers,+nciuding carNCrate truck ir�d�str;i, �rrith �ma�;�ornpanies no�s buil�ing and �' . C�U'=�-521"'!E�25t3Uf2t1l�atiCj tll�, CUSt'Ji11iZ1(l�fc.^i�t''UC�S. SU�[71'(ttl��(dP�ilC SVfay.r�fCir(12'+d commercia!develo�ers�riho rent to them. entrerrer,Qu�s and sE!iir,g technclogy ta hei�consumers botr _ kJnfortuna[el��. but n�t su�p�is�ngly.these. ' bcate ir�ir fa��orite trucl�s�nd order�rom them. T�:e numbPr Ecrces made a coneerted ef�ort tc pass netN of trucks Ras gror�n, lead:r�io hur�ir�ds of�e;5�;obs. And the �;. _ af,r,teCifCn�St�au�5 ifl tl'?2 Clty Of��5 tiTlg°�°5 incrFased C�JC)1�,2r1t1�^, F?d5 PUShEt��!°�yOn2. i�0�h�OOd t�UC�fS E-. and°lse:��here. Although Los A.n�e(es ard brick and-morzar resta��ants,tc c�ol<and s�nae�ood that itself refra�aed`rom enact+r�g arr�net�� is betfe:•tastin�and a bettar vai;�e. anti-c��petitive restricti��ns. some cthe� �ompet�tion�s�:�hat ma�_es amer:ca g�eat.an�i Lc�s � . ;nun;cipaiities �n ti�e area passed�estricti�ie AngP;e� �e�:�!a��r� r�?cde. ..ise.�•/em�races*hat campet�tive ,� 4er�din�fa�:�rs and�egan t�e^fc�t°anr�- sp;rt and rejects t�e idea that the ge�rernment sheulc� pratect COfT1�i�Lfi;J2-12'i�S t�:dr'.��F Z�rEcl�}/O��tfi2 �Ei��!(i G:151f1E55°_S d:`�"t�CX�2Fi5E�{COf75UfT1t�f5. �^�E Clt��/5 . �` dC reach tC fE"Uldi!�? fG�C;.ifUCKS ila5 ldOfk2��LOS �r��OKS. P �i � ' ir�ti-�;dg��nst th s back.�rcp:tnaz�he F�ngeie�. ar,� it can��rork for}�:�ur cit�f;as��Jell. �� fa:�d irucks i� Sou�he;r�Caiif�rnia;je;�ed = ' ` � fc;r2�t�J G�2ate[he SoUtl�ern C�'i€o��ia ` % :' - . � ' _ Iv1obi{e FQOd Vendors'kssociation: C3r�l,t�:.�o. ,�,; . � pea��c!d.the Association i�as grc�rn frorn _ � 3� init�z� rr:e,mbers tc�ver:�!� �ner�ber�. - - - :: Through e�l�cat�er�; iohbying and lit{gation, _ � the association ha�sent a'tlear messa�e - - t�re��.�iatcrs that cof}sumer ch;iice and _ entrepreneursn�pshoui�ccme fi�st. � - - - I �� _ - � � � _ - - �.�,. , — _ � _ - -_ ' � _ �_, _ -_ - �.— - - - �...._"_ __ =-- --- --�_ __ __.._ ; _... . _,..' �..__' .,._ `_ _ _.": - - --- - � .: - - - - _ -- - - _ � �. _ �� - - - - - _ � - �� - - _ _ _ - _ - _ HO�U G{TIES �l�O�1LQ flCDRE�S PUBt1� NE�ITf� fl�1D FOOD SRFETY � SAFET�IISSUES �_ �-# �n the follo��ving pages, the�nstitute for�ustice discusses HDUJ LOS Rf1GElES REGULRTES f00D SflFETY: ho�n�cities should address some major topics surrounding food me city of Los Angeles does not regulate trucks, including these health and safety issues: the design of food trucks, how they store and cook food or what procedures they •Food Safety must foilo�r�in cleaning their equipment and utensils. fnstead, this function is •Food-Safety Enforcement performed by the Los Angeles County Health Department, which administers the •Parking rules set forth in the Calitornia Retail Food Code.zo That code prescribes ho�n�all food •Refuse businesses, restaurants and food trucks included, must be designed and run. •Liability insurance While the Food Code has general rules that are applicable to all food sellers;z�it also •Hours of Operation contains food-truck specific rules. The code, •Employee Sanitation for instance, specifies the requisite amount of aisle space within the cooking portion •Commissary Requirements of the truck�"and mandates that utensils be secured so tney are not thrown about •Licensing �vhile the truck is meving.�y The code also imposes difFerent requirements on trucks For each issue,the Institute will describe the applicable based on v,rhat the vehicle vvill be used la�a in Los Angeles and explain its advantages and drawbacks. for. If food will be prepared and cooked on It will then examine how other cities address the issue and board a food truck,for instance,the code explain why those other approaches are better or worse than requires that the vehicle be equipped with what L.A.does. Finally, the Institute will recommend �rrhat law both wareNrashing and handwashing sinks�0 cities should adopt and give reasons for that recommendation. and that any deep fryers be sealed using a Throughout,the report will pravide citations to the pertinent positive air pressure lid.�' Trucks that do not laws. prepare and cook food need not meet these requirements. � � � � � rt -.�'��r 7f��£j�� i � � . .. � ��`��'��'�� ' � � � : • : HO�U OTHER CITIES RE�UIflTE FOOD SAFETY: �_ �� As in Los Angeles, in most cities the regulations concerning food safety aboard food trucks come from state or county retail-food codes. In Phoenix, for instance, the Maricopa Ccunty Environmental Health Code governs how food trucks are regu(ated.3i That code requires that trucks Follo�ri the general provisions that are I <s,_ �:hr:..ra s��,;�d-:_.is:no�..- I -I: J . -I . ... .-fi>I - . .. M . ,�p y -t � ... 3 t`.. P. .1.... 3. .. . 1�,.� f . ..,ta�:� _f.i ..:_�.........�....� �� S'' , . ,. . . .... ; %8:a �_n-.;:,,�..�-r .e_._.�as�. :?.�..�aa�_rc,3�_;_�.,_._.: .��9!oi(. . ,.,....�.,.,-�;..�uv.�.r;:��__-3' ..... � .. an_,_,..rr,Sa�L',::a6_:.?.t32.'.�:^,N2.. �,>�,.c . c, . .; ,�..c...� ..� ,. ._..c�.. , .c-.S ,,., � . - _ ,'a..Lvu°.3ou.. I� . �pOD ��U�� , _ ,+ app�icable to bric4-a��d-mort�r restaurants. ka,��5a cit Pol Pws,h ugf��t�houldrlay�u Reg�rdP�Ps oe�s�pS but it aisc imposes some additior�al, food- ! tr�_�ck spe�ific regulations. Like�naise,the operators must take. Ha iing officials rei/ on informa! �ustams regulation�that govern foo�J safety for and standards that are unkno�r�fabie to th�se on the outside food trucks in Indiananolis are gcverned unnecessarily increases bath uncertaint�� and costs ta��aould- by the retail food establishment sanitation be entrepreneurs. requirements of the Indiana Administrati�ie Code, ��hich govern both mobile and fixed- �� location food providers.�' ,� e + , + ,, • ` ° ' � i s��: t . Often the design and construction e i a ►' ' � � ` ' ' �- ` °" �'• + � � + requirements for a food truck turn on � � ! i ,�� , , �► �+ = v�rhat the truck will be used for. Mew York t'j �+ ,� � � .� , City, for instance, has t+r�o different sets of regulations for food trucks based on whether the food truck will be selling food that requires any cooking or processirg in the�rehicle(excluding the boiling af hot �Q{�(j-S��ET� E(1FORCEmEf1T dogs). The t�rio categories are subject to different requirements, which ar�a mix of state and local sanitary and heaith codes.'` �Q�,J Eppp S�IFETY IS EiIfORCED !(i LOS A(1GELES; �os Angeles LikeU;ise.the food-truck application for County is the government body responsible for administering Portland,Ore., details faur classes af vehicles the state retail-food code and inspecting food trucks.'� (ts and the specific requirements that apply to rufes call on county officials to perform unarnounced field each dass.'� inspections of trucks. In early Z011, the�ounty started assigning letter grades to food trucks based on the results of f�1STiTU�E FOR JUStICE flEC[lffimE(1Dfl�f0f1: their inspections,�r�hich mirrared what the county already did for brick-and-mortar restaurants.�8 Food trucks must display The Institute for Justice notes that most the grade they received on their vehicle.35 Food-truck a�Nners municipalities Eollo�r�the food-safety rules have largely welcomed this cr�ange,�vhich gives them the established in county or state food codes, oPportunity to sho�v that they are just as clean and sanitary as �n�hich are typically based on industry best their brick-and-mortar counterparts.�` practices. To the extent the county or state food code does not deal avith a specific issue, the Institute recommends th�at officials HQ�IOTHER CiT1fS E(IFORCE FOOD SHFETY; Cities are split as follo��!the requirements of Chapter 10 of the to who inspects mooile food vendors. Approximately half of California Retail Food Code, N�hich governs America's largest 50 cities inspect trucks themselves.vvhile tood trucks.�� state or county health department�conduct inspections for Furthermore, cities drafting their the other Z5 cities. The frequency of inspections similarly o�r�n regulat+ons should, as the California varies: While San Antonio conducts"routine, unannounced Retail Food Code does,customize those inspections" of food trucks,°'Albuquerque, N.M.;inspects requirements based on what the truck will trucks at least t�rlice a year based on the "past compliance I ser�ie. Safet�,�or cooking equipment that is record of a food establishment and the r+sk presented to necessary for a truck �vhere food is prepared consumers by the menu items pro�rided b��the specific ma�v'�n+e!I be unnecessary for a truck that f�o�{ �;tabiishment."-� lnspections ir most cities are - ; s .- ... _._ ..- _._. � - � � � ._. _ .. � . ,._ ..�. ._ .. �.., . . � . _, . _- .. __ , _..: : - , � . ,_ a ,; , : ,:..... � . � : ,_ ,. . „ ,��.::: ,. ,; _ ..,. �- . _ ,,, , . . , -�. ,. .,.- � — ,.,,.. ::; ,> >:-�:i�a; ...�.... � ., : .. .� .:_. .. . _ . .. . _ _,.._ �,� �.i ,�. ,., 3 -•- � ' � . .,,.__ ..._ _ . . ' �_ � ,.�.,z.,:3 i� .....,, i C ., _. . .,.. .... ._��. . i urannounced,"and mos�are conducted b+/the same officials commerciai areas; instead, it merely states ,raho in;pect bnck-and-mortar restaurants." that food trucks cannot operate�,vithin Z00 teet of certain parks°°or near the Pacific Ocean.=' IiISTITUTE FOR JUSTIC� RECO(ilmE(1Dfltl�il: of the existing la�,vs concerning food-safety enfarcement, tne institute for Justice Distance to Intersections: Food trucks in Los recomrnends that cities generally follow the approach of Los Angeles must follov��all traffic rules and any Angeles County.;� In a forthcoming report, the Institute for stopping,standing or parking prohibitions as Justice compares the inspection grades of restaurants and provided by the State Vehicle Code.°� They food trucks ir Los Angeles ard f�nds that the city's food trucks must also follow the traffic regulations in are just as ciean and sanitary on average as its restaurants. the Los Angeles Municipal Code that apply to Furthermore, cities should consider following Albuquerque's all vehicles.�y In addition to those state and approach of taking a truck's inspection history and the food it municipai traffic laws, food trucks may not serves into account�vhen deciding how frequently to inspect park�n�ithin 100 feet of an intersection.y0 The it. The Southern California lvlob+le Food Vendors'Association, 100-foot prohibition is far larger than what in a similar vein, has suggested that trucks that get t+rro "A" is needed to accommodate any congestion grades in a roNi should receive a "Certification of Excellence" or visibility issues. For many smaller blocks, that reduces their inspection rate to only once per year. This the restriction makes it difficult, if not approach makes sense, sirce inspectors generally should impossible, for trucks to lega(ly park and spend less time on trucks that pass inspection with flying serve their fare. indeed, it appears that colors and instead focus o� food trucks or restaurants that Los Angeles recognizes the difficulty�r�ith have a history of problems. Finally; inspectors should hold this approach;according to the Southern food trucks and brick-and-mortar restaurants to the same California Mobile Food Vendors'Association, food-safety standards. the city of Los Angeles does not acti�rely enforce its 100-foot restriction. • Use of Metered Parking Spaces: The city of , � e t :• - �� r , ,- � +,� Los Angeles permits food trucks to vend +e �• • � �• � from metered public parking spots for the �:��>?_�,`s,�1,£�_4,-o L��{�-�:¢ �� i+�,�,,- �?�__?� s�t,_.a tj J�a_y s ; maximum amourt of time listed on the ��. - - meter.�' ,-._°, � -.; _ Duration Restrictions(How Frequently Food =.__. .:.:._ - _ �o. _ � ' _ __ -:- �: - _ .; ':_ - -. - - Trucks Must Move�: The city of Las Angeles previously restricted hoav frequently food trucks had to move. Under its old Ia4v,food P�j��(��j trucks could only stay in one spot for 30 minutes in a residential area, or 60 minutes in a commerciai one.=� They then had to HOi,U LOS fl(iGELES DERLS UJIiH PRRHI(1G: move one-half mile away and not return Proximity Restrictions and Restricted Zones: The city of Los for 30 or o0 minutes, respectively.�3 A Los Angeles does not prohibit food trucks from operating vvithin a Angeles Superior Court judge invalidated ceriain distance of brick-and-mortar restaurants. Likewise, this duration restriction in 2009 and it is no the city does nor_restrict food trucks from operating in popular �onger enforced.�` ___ , �a -_.� __�� ,._ _ ,. � ;,.� -—;, ,:. _,. ,. , - ;.. .,._ �,,,�::: � __ , .., ,; , .._ �_�� .� ._ _...:;._�_ �� . s.,.>.. . �. . e� .3��:.,. �.l'�", . ._. .".. ,. ._., . ..-� _ ...,-, _ �._,..i. ....._�._ ..v..i..l.:...,. ..,..� i- . . .?.�.. 1 .ry� �� ..; :.� � 1�• ��p�D ��ucx -.--r� Potential Sidewalk Congestion: The city of not spFcify any rr.inimu�r� distance a t,uck rnust be from Los Angeles does not mandate that food an irtersection, instead rnerely requirmg that a truck rot truc4<s park and vend only a±side�raalks of vend "in a congested area �,vhere thp cperat�or ��vill impede a certain minimum �rvidth; instead, it states pedestrian or vehide traffic."�' And of those cities that a� that food trucks should nor.operate in a way pro�iide for a minimum, the required distance ranges f�om ZO that btocks the public right of v�ray.'� to SO feet.'-= Use of Metered Parking Spaces: P,1ost cities in the United HOUJ OTNER C1T1ES DEflI UJITH PARt31f1G: States allo�ri food trucl<s to pay for and operate from metered Proximity Restrictions and Restricted Zones: parking spaces for the amount af time listed on the meter. {n Streets of Dreams, the Institute looked at One notable exception to this is Pittsburgh, ��ihich says that ho�v many of the fargest cities ir. the United food trucks"shal{ not park any vehicles for the purpase of States imposed restrictions on ��here food vending, or place any materials in an-street metered parking trucks could operate. In all, 20 of the 50 spaces."�0 And in Ne+,v Yark City, a controversy has erupted largest U.S. cities toid food trucks to stay a over whether food trucks may vend from metered spots. The certain distance a�Nay from their brick-and- city's transportation regulations stai.e that "[n]o peddler, mortar competitors; while 34 cordoned off vendor, hawker or hucl<ster shall park a vehicle at a metered parts of the city, often prime commercial parking space for purposes of displaying, selling, storing or areas, from vending.�6 Proximity offering merchandise for sale from the vehide."�' A food restrictions exist solely to prevent one truck sued, arguing that its food+r�as not "merchandise" business from being able to compete with for purposes of the Ia�N. A NP�,v`(ork trial court ruled for the another, wwhich simply is not a legitimate city in May Z011,°z and that ruling�r,�as upheld the fol(owing govemment interest. indeed, virtually year:�' every court to consider one of these laws has held them to be unconstitutional and Duration Restrictions: As discussed in Streets o f Dreams, 19 struck them down.�' of the SO largest U.S. cities mandate ho�rv frequently a vendor Although not as transparently must mo�ie, regardiess of whether he or she is vending protectionist as Ia�NS establisning from a metered space or 4vhat the time limit for the space, proximity restrictions, Ia�NS that create if any, might be.p4 Those laws require vendors to move restricted zones are often protectionist once every 15 minutes to tv�io hours;�°in some instances, in effect due to their breadth. Typicaily, venders who have moved are not allovved to return to their congestion issues are fairly localized at original location for a specified amount of time.°� These particular intersections or cn particular laws are counterproductive, and should be scrapped. streets. But rather than take a narrow Forcing vendors to move regularly makes it difficult, if not approach, restricted zo�ies prohibit impossible< tc run a profitable business. Short time limits all vending in large swaths of a city. also pose a safety hazard, since it pressures cooking trucks Regulations that exceed their required into moving before their equip«ient has compietelV cooled. scope look less like an honest attempt to And by requiring trucks to cons:antl�,t be on the road, lavvs solve a real problem thanan attempt to like these mal<e congestion �vorse, not better. keep food trucks from competing. Potential Sidewalk Congestion: Most cities deal with potential Distance to Intersections: The 100-foot sidewalk cangestion issues as Los Angeles does. by simply restriction that Los Angeles requires food requiring that food trucks not operate in a rranner that blocks trucks tc foflow is much larger than smilar or inhibits use of the side�nralk bV pedestrians. Fresnc, Calif., ia�r�is in other major cities. Many cities do for instance. states that`'[n]o rnobile ver�dor shall bfock or , . . . -_ - ,� ;, _, __ ., ., � , � � � ° _ =_� �, _, ,_. -.. ._ � _ _ , . ,. �. _.,. , ,� - .. ,_: _. _. _�. , ��:�. ,,,_ , _ ,�,. .._.. . �,-�- _ . _ _ - �- .. - . . .j ,�.:,j..,... :ii ._., _ . . _. ,�.. .._ . ..��; .;::... . �..r,...;. �..:i..:L�..�_..�.... . �..1._- .. _ .__ _ _ • , ,1.��J.�- _ '� ':.:'.. � - .-. ..,__, ._�._..._. i . .:� _... .� �' -.r� ��c�'� :':; . .:.,i�i_ . . . < . ':.:, -,:::�7� �_ ., .`-:.` ,a„'::;...' ,..;- ,..,�.'�i,. .v._.c:.o .... .., r . . . _ ,., . . . `._ ._ ._,�;�', - , '.-� , ... , , -. � .._. ... ..., _. _ .. - . �:S�.>v �n - " ._.:. - _ 1� � .. - , _. _ , �.., cbstruct the free mo��emer�t of pedestrians or�aehicles on any Use of Metered Parking Spaces: Th� Institute side��valk,"=' Las�/egas, �1e�r , sirnilariy saa/s tnat nc mobile for Justice recommends that cities fol!o�rt ' focd vendor shall "[v)end in a congested area}�Ihere the the example of Los Angeles and virtually operation �r�ill impede pedestrian or vehicle traffic."�� And e�iery other major city by allo5r�ing food Philadelphia states that food trucks should not"increase traffic trucks to operate from metered locations corgestior or delay, or constitute a hazard to traffic.'03 provided that tney pay the requisite fees and follo�ri any time limitations associated ,r�ith the location. Food trucks are miniature 1(1STITUTE FOR JUSTICE REGD(f1fT1EflDflTi0t1: commerce centers,and letting them pay for Proximity Restrictions and Restricted Zones: Ine Institute and use parking spaces both enriches the far lustice recommends that cities followr the example of city and helps consumers find the trucks Los Angeles by not prohibiting food trucks from operating that they want to patronize. Furthermore, ��✓ithin a certain distance of brick-and-mortar restaurants. there is no reason to single out food trucks The first Ia�NSUit the Institute for Justice brought as part of its from all other commercial vehicles and National Street Vending initiative was against EI Paso,Texas, impose special burdens on them that the which enacted a la��i that kept food trucks frem operating rest do not share. �n�ithin 1,000 feet of any fixed business that served food.7° In response to the lawsuit. EI Pasa quickly backed do�rin and -- _ - — _ —--- _, dropped its anti-competitive restriction. ;;�. The Institute for Justice also recommends that cities = = = � 'z� 'J ; '� �.. � _ , _ � �.�: :�.,,. follow the example of Los Angeles by not establishing broad - zones �vhere food trucks may not operate. As discussed - �:� 4 t : �:;, , =�e t - at the beginning of ihis repori, ciiies should strive to Pnact � -. _ � narra��r laws that address the particular problem at hand 'out _ ,. � go no further. New York City, for instance, does not have any � � blanket prohibitions on whe�e food trucks ma y go; instead, it , ,�.� •;-ry � =r�,��;, � � ' , �'!�, , � proscribes vending only at cer�ain specific times and locations r : ;, � , , �, _ „ ; � based on demonstrable congestion concerns, The Insiitute i or ' �� ,.. � 4�,6 ., ,,,; L,t ,f�;.� i � Justice recommen ds t hat ot her cities do t he same. _ . , , `j Distance to Intersections: Oi the la�vs dealing�,vith traffic, � � � parking; and congestion issues,the Instiiute for Justice 4� recemmends that cities follo�r�the example of E(Paso,Texas, ` _ ,_ �� vhich states that food truc�s "shall be allo�,ved to stop, stand � or park cn any pubiic street er;ight-of-Vvay, provided this ` '�� " area is not within t�,venty feet of an intersection, such vehic�e ''= � `` " " ` t `r{'''' : � does not obstruct a pedestrian cross�valk and the area is � '° ` � � ' `� ' � �, not prohibited tc ihe stopping, standing or parKing oi such j� vehicles."" This rule is ciear, definite, and easy for food crucks - - to foflo�r�. The Institute for lustice does not recommend that �= �{,:' dties follow Los Angeles'approach of prohibiting food trucks � r � r� `'-�: �_+' -+��+�+„�. •r� • from parking tivithin 1G0 feet of an interseciion. Cities should 1�1=- - , �_t ;.• � not regulate more hea�dily than necessary, and�os Argeles' �,�� .,.,�` , �' 100-foot;estriction iv excessive compared to wha{other cities �'°SCCI�°. . _- : � __ ... ..,,. �,r:.. �� u �RUCn_ . _-�� Duration Restrictions: After re�iie+,�iing and might be insufficient in particularly crowded areas. Los la�n�s that govern ho�ni long food trud<s Angeles`approach is superior because it gives trucks more may sta;r at one location, the Institute for flexibiiity v�ihile continuing to protect the public right oF Justice recommends tnat cities fallow�the �n�ay. As noted belovi, the fear that trucks lead xo congested examples of Philadelpnia and Ple�n�York sidewralks has little to�o e��identiar�r support. City. �leither city forces food trucks to mo��e . after an arbitrary amount of time; instead, they require only that food trucks obey �$ � the parking rules that apply to all �iehicles. Alihough Los Angeles does not impose any � ' '' �� ' ' 3� � � + ` � ' duration restrictions, that is only because a ' ' ° '� �� • ` ' ' '� ,. . ; i t i i court he(d them to be invafid; accordingly, �'' ° ' ' • ` ` � ' , ' ' • ' the Institute does not recommend that cities � ° � ' ' =� ' = ' � adopt the language in Los Angeles'code. + ' •'•' e � �• , Food trucks responding to an Institute survey pointed out that,for cooking trucks, it can often take u�to a half hour to get set � � � up and ready to cook and another half hour to close down the kitchen and get back on the road. As a result, o�nrners universally • expressed frustration+Nith duration restrictions, which can make+t practicaily impossibie to vend from a modern gourmet food truck. Trucks also complained about . , the harm to their business's reputation when they have to turn a�Nay customers who have � , � � � patiently waited in line. As one Washington, ' D.C., entrepreneur put it, "Expecting busy d � g � � � � � , , trucks to move with 30 people in line is a burden." For these reasons, the Institute ' ' ' ; � � � � for lustice recommends that food trucks be ' ' � "' ' � : � • ,�. allo4r�ed to stay at one location for at least as � �; ;�� a ��r* , ' «��.f� � a�,�'� #��.� :.�;� „�� OII as an other vehicle. S�" � ° ? ,—�—�—.-"',^ '' � ',��'�� i� ��d�e a�� g Y � � � �a`�� i��3c�4:��': . g �j � �� #t a� �t i f' atd�tdak��}�`�fe s"'��(?��;t°Vp1�� ' �:*: "k � � ��.�y F � k j7�'.7.�"�t �S�� 3t'` '"��'y�.F' �''Z��l.'%y�''�' �� Potential Sidewalk Congestion: Tne institute ',�:"�' '.��"3 �� ' ;�� '`�s' " � '�+ ��'j � ` - �# '�' for lustice recommends that cities follow the , �= ' �-� ' + +� example of Los Angeles, �r�hich specifies only >'� � �%r ''�- +` ' � ` t " f + : f that food trucks not operate in a manner �+: > ;�,r� a "which �,5iill interfere with or obstruct the - - free passage of pedestrians or vehicles along any such street,side�valk or parkway."iz A set rule that requires a minimum sidewalk width can be regulatory overkill,siach as in areas w�ith fittle to no pedestrian traffic, I9 � - . - - � - . . � - � , � . � ' . t � ��. ♦' - . . . . � . . . . .. . . . ' _ . . . ' _ . . _ . ..'' .. . � - . � . .. - ' . . ' . . - . ' S . .. .. ' i ._. . . - . . . - . . . �' - . . � - . , . . .. � - � . - . . . .. � �. . - . .. � . .. - .. . . . ". . ,. ' . ' . . . . � - . . ,e: , . . . _ _ . . . ,s . . . . - . . . - . , -.�� . . . . . . . . � - . � .. � . . - . . t .,.:_ ` . _ . . _� _ . - . . .. . . . ' _ . . . . . . . , -. .- . 1' � " . � � �� - - . . , � . . . � , , - . , . � . �t� . . . . . . . . . . . . - �. . , � . . . . ._ � . - . � . . � ��.-ji' . ... _ _ .. . .. ..... . . . .. . . - ." . . . . . . . . . . . . . . . . .. . . , . � . , . . . . , �'�Vs t�� . :J �`<��'� IJ Original Resea.�°ch on Fooc� �:�:�hi�h is(ocated in i, tn��;�st D.C., i�cne of . �,'`,;; tiie ci�,�'s busiest areas, �;,ith�nan;:dining `�•. ,� :' Triteks anct Side�ivalk Congestion ��_;��;,c�ce�;:�ifdi�bs,an�t�e�aii snops. ' ' �o��Fec�eral C2�iE'1nd Di�oont Cirde arF ; �� .;� ._� �_.. G'_� __�_� �_ _ �_ ..c�l��, � .l. �;J�__ _,-. _n!" .tl� ;�', _a .��5. � � � _!, „i,' � .;L :"d.._ ..., : ...�r °°�5 ! _ (�- _ i -r�_�c r- i c _ , . _ __ . � �-_ - - -- � - !- i., (,� . i _��a �._ i.i��_li�� , r� r�-2=_ ��°':. ��:t ��. �f,_ 7'-r;� . �7�;.i t�la�t 4 � c r�� - . . . t_ � 5 '�'� fif? a'i'� :rlr 0�IOC�.�i�ii!C Cfl �0_i SI:j�S Cf , _ ..� ._ . ��-._., ,. ?��_ �_. �__._�_'i..'i5 ,.✓ ��` _ ...�_ �h .. - � li�J �al ��rc`� f'�. i�-rjd . � . � - r_^ � _ r.- ` _ . DI - � � � _ _ ., _ � , ,_ .._ .. ..,_ �. . .,. . _ .. ._.. -- -' --: �_ � . �_� �. .� ... _id','�� I,�iC � �_ c:�.� . � . _,_ _. � _� .__ _ , _ _ I, ,:, _ �_" , �;. . i . _ , !' ��-�� , � !"..^'1 �. _��_ _,,_ , , � _ _ �� --- -' _' - -� � �� _ � . a _ _ -' ' -c��C� � `.-, ". ��C7:..,Ci Ic�1i�� ., i �)_; ..�°_��J � �� .�-°_;`t _ . - �- �E .:_. . ��. ... .J . _��.� �� _ _ ._2-:�. iC(�:-=� <<<._':�-_ ��:- - -.,_ ��.ai��!tG�� -.;fl`II - ... . � - �- _ � "�. r - � +-�- - - � � . . - -' -- - - -- -...� _� _ . -'— - - . __� _..___.._ .i+ _ c f%�_. .. . c _, - .. _.._ � � . _ _. ._ .� ._ .._�, ....._ _, 1�, -._i"I_. f'.�ri� .'�.� i ` 1;-: _" _ ,C.._.._d.r��ci�n�,.�r,�;-� . � _.' ._. . _ _:i�� _�,_. .�.i _ ..� ,� .v �� _..�_._ il�cl .,_ _.,_ �F J�c f0�.i'� �,!._L.�7� I�nr . . � . `� _I l'`I t c _ _ � _- .u= ! � �� . �:� ?_ _ �_ .,7'=i '' !`;� Si�;, r�� !` I ._�c�� v0=tf��i1C. �il ifi�' �.� _� _��L� i _ .. _._ � I,�� G��ii c:a ....:.�. ., , ��i!nC: (',- , a, d' r n F�d`rai �rt�r a� i:��i��i;�rest a:r�u, t ai ,�;t I;i_��I�i' �. , C.v�°�� ir�_�I,��C��F�fiS, �(1^c 1�-��tii!a�e`�- �c.o;t,a;fic;,�CU�i��0�!a*�dj':':`�!2il �?O f00C� � _jU�!� E u�(�._.�CU�"oi�Ci,�ir�_�,�:�.�� :r;��af icSa�CC�i SLu`�" - �; o _ - �N ;� trucEs�:rerE�reser,�, indlCdk`f'slb I at oth r �Il tllf°2 da`��5 lil 1�2C°lTi+�°i Z��t,�anuary Z0�1,d�t� t<lCiQrs impac��ot irainc. Ine daia from Feoruary ZGi1,a�eam c�researcn�rs from the lnstiiute for _ Qupont:;rcie reiterated this nnding. 1he R �� lustice obse�ved pE�E�tI"latl Lfaii?C Ir�b�io areas of V!d�shing�on, �resence or a food truck v��as associated <-;�, ¢, ' ` � � D.C,kno��;n as Federaf Cenier and Dupont Cirde. Fe�era{Cenier �;vit�a rninor�ncrease of pedestrians.just �' '� { �' � ,c G __�__. . _ __' J.�.-t;� _ _�� ,�c �! _, ��`,�'^'mo�j Gc°i. _�Z i`. � �1��. Tl.�i?�?DE(";0�.':'!ill�h , . - � . �. , �_ _-` _ _'_'�_'"� ��. � ,:�� !O 2. _ ._ � tC c�. �'_,_.�` .�L_S� _.� 0`�; ' �_.. _ , r;-. . . . � �°CC°'�!� �,i ivLal ICv� i dr i�. . - ',t>t-$. -`t-c ,, , ;.� k X ' _ � � Foot Traffic titiith c�net tiErithoict Presence of Fooc� Trucks � f : ` � � ° ° �� _ _ ,=.; �� Dec.15,2010 Jan.13,2�1i Fe6.1Q,2011 t y , :� (With Truck) (Controi—No Truck) {tontrol—No Truck) � } Federai Center 772 939 673 �`� ` ' � Truck Side 336 296 263 T y � { Non-Truck Side 436 643 470 '� '° �a � �' .. . . . _ . . .�y:: Feb.75,2011 Feb.23,2011 ' � '�� — (With Truck) (Contro!—No Truck) � f � ! �r .+ Dupont Circle 29Z1 2893 N!A _`; �� ti ' Truck Side 1Q43 951 N/A � � , Non-Truck Sid" T478 1947_ N/A ; ' � '��,. ''i!�p r,��^" �� ! `!C,_�: r'1,�2 i� I�?�`"� i? ��ICil�r T�C(��2SLi'�'l��0 tid'icl"�F L'l�5lf�2t.�3in. i�c5earchers ° t 1r��.. J Ci - � .. .. � ��2i:iil��.�.I?i (-._:ir_� .. ��..,_�� C��L�' �_00;'.•-',��cCv(1C�S LO �I aV2� � SiJF_-':'�ia�i< �Ci�ocl< <::her o fOC� LI"UC�< <,`!a5 v ;f��Cfli, Cf;"(1`��.'E� .�=� �t �� =_'�O'l!�� . � e�� i n�;��i< ,;3�C112ie. �ii �U;�C�i�i!"Clc, I�tOC' i7��Siil�3ri5%4 ' ' . i . �___;�� li-._r'��i c ��.IC ,-i.,_.0 a �..''.i i _ �..� .� . .'=�.. v .°..�-.-, � I�J �h- . � � �� C".i!�.:'c'v ��a . . , , ;l�5 ��.�Ci ; .,E� dCl ,. 1��1 i. t(v � 1;%. :.1 _, �_. ' --. .: . ... .., . . ._ . _. •) e i .:. * . �{ r : 4 f �: r. �t.. ;t .�� t : .�� -i �.r n - � > � = =` = i i — !.• f v,i r t i- � i � s- - r � 7 � . c . . ¢ ; � -�� - ' f �ti -a�. r �i�7�.j�f i� �� s . c : r . � b :"�. � .- 4 '-� 4 �.r t � rt+ b �. i ° ; �� e.�� .t s= ; c ��r 1 � f•` ( n + � � t' r � 1 ' +t ;1- , ! '� s � r t° + - ;i � �t':�°�i fd�:1�yY� r'� TAit�f` 4 . �"! ls.i�4't; `�ltt..f'ri� �� !' t� _� j5� -/� ..;� {� r}. � . SF- ��F . � � i r � . 4t t .f� tf ;� �r -,� �q • i - � t'r r ''t � i . ,� ; � _ � s i � • � .:- } _ . : F - � ��_ } r . �3 -..� ��, t .t�� '� vY S'K � s G. ►•i .S�S •� tr t�. � t''/• �. . 6 A r �� t � ' �`- - .T 1 �,'v ' a s Z 6-� r -f� . -r �J�� r,� -.��:t�S !` y -y..¢i � ':r ' l24 :t � lF 1 � 'ri f � � : .�i t >. r fa-v :� i �-. . � t .�� }[ '� .;��. Ft �- rt�� F s. �a�� s-if F. i1-� .i�r 'f � : Y r�. A' f! ��nr .� _-fi�i � � ; �t -.t t-- ..'S .��e c: � -. > .�� s} �s-. g. �� - 1 .� �. �o �rt�� t� � �' . e' t � - t 3�� < <: ! - � r.�` ..ia� . � Z+r t A , i .-�: < �f �3- i ,�1 � I. t. y �. F`..' .a � .a. : -6P.i'..t+� �'rfC t. ;t:-r�. }:'�i�S T�.�t f.. -J..� ' F " �` 1 , ;:� T � • � , �I • , / / � ' , � �' / � � �� / � • � �� I �' I � �� / � �� .s � �• � � � �' i • , REFUSE HOt;U OTHER CITlES flEGULHTE REFUSE: Most cities surveyed by the Institute for Justice require that food trucks clean up trash. In cities like Seattie, for example,trucks must"maintain the NO�J lOS AiIGEIES flEGULflTES AEfUSE; +rending site, merchandise displa�/; and adjoining and abuttir,g Los Angeles requires that food trucks public pface free of all refuse of any kind generated."'� Other "shail pick up. remove and dispose of cities instead require only that vendors take car�of trash that ai! trash or refuse�nihich consists of they them.seives create. Columbus,Ohie,for instance. makes r��aterials onginally dispensed from the vendors responsible for keeping the area avithir ttiventy-five ca�ering truck, including any packages (25J feei of their aperatiot} free and �iear of am/{itter caused or cortainers. or parts of either, used by such operation.'- �,vith or for dispersing the �iictuals.""` Like Los Angeles. some jurisdictions require that trucks So that customers can assist ir this put out trash receptades. Ir Boston, f�r instance, food trucks e'fort,the��it�also mandates that food must pro�iide "a waste container for public use that the trucks provide "a (itter r�ceptac!e Uvhich operator shali empty at h;s o�rv,� expense.'''� And Buffalo. N.Y.. �s dearl�� ma�ked N�ith a �ign r�questing t�lhich recentl�� iiberalized its verding rules, iike�vise requires i.*_; use b/ patrons.°"� that foor_i trucks be "equipped 5fvith trash receptacles of a sufficient capacity that sholf be changed a� necessary." -,- ,.�_: . :,: . _ ....�_ .._ .,,, ,,. ,. . . ..- . - ...�_ :y„ _ ,..aj _... ., . ,.- .. - ..c.. ,._ "Fa ,.-:a��,.a ..� � __ _. ..�..:;-�..._ _ .. ,.�._:�:i.i;�-:i;.;".?:�:'.::".��:. ._�.',L )' .'Ili;.�� . _� _.. 21 -., �,,_..,: ,. I(1STiTUTE �OR JUSTICE RECO(Tl(TlE(iDRT10(l: Of the la�nis that ((1SUflfl(iCE REQUIRE(ilE(1TS FOR FOOD tRUCHS deal �,+nth refuse issues, the Institute for Justice re�ommends �� OTHER CItIES: Most of the city la�.vs that cities follo+r�Los Angeles'approach, albeit with additiona! surveyed by the Institute for Justice, (ike ' language that precisely lays out ho�n�far from the truck Los Angeles, do not impose separate liability operators must search for any trash they created.3� The insurance requirements on food trucks. follo�riing is an amalgam of language from �os Angeles and �nstead, those vehicles may get to {NOrk so Columbus that cities may use in crafting their laws: ►ong as they carry the state-mandated fevel After dispensing ��ictuals, at any location, a of insurance to operate on the road. Some catering truck operator, prior to leaving the cities, ho�,+rever,also require that trucks (ocation, shall pick up, remove and dispose of carry a general lia6ility insurance policy thak all trash or refuse within twenty-five feet of ��sts the city as an additional insured. in the catering truck which consists of materiais Boston,for instance, a food-truck appiicant originally dispensed from the catering truck, must provide a "certificate of insurance including any packages or containers, or parts of providing general liability insurance listing either, used with ar for dispensing the victuals. the City as additionaliy insured."83 And in Las Vegas,food trucks must maintain auto It is reasonable for cities to make food trucks remove and general liability insurance of at least any trash they generate from the immediate area surrounding $300,000.�`� the truck,as is the requirement that trucks give customers some�,vay to discard their refuse. Cities should be carefui, I(iSTiTUTE FOR JUSTICE RECOmf11E(IDATI0t1: ho+,vever, not to go overboard with these regulations by After reviewing liability insurance mandating exactly what type of receptacles trucks must use re uirements for food trucks,the Institute or how large they have to be.� foQJustice recommends that cities follovJ - -- ----- --- — -- - the general approach of Los Angeles by _ _ not requiring that food trucks maintain " insurance policies naming the city as an " ° ` - ' additional insured. Cities are nc more liable t3 i� �.�;i a �.;•l� � ='� , 3" � � a�b` '.`'� 3'`i`T� 3'ti},�! �� , F y - r� � . 3 for injuries caused by food trucks than ��'�f�� ' ' '" � �� '�' ' � ' • '° ' �; they are for in�uries caused by brick-and- a : �,�` ,' '�'"�_ , z „� a mortar businesses. Additionally,having `�' '�' � ' to name ihe city as an additional insured causes additional headaches for food trucks. as the practice is out of the ordinary and L!�$��.� ��SU�� something many insurance companies are reluctant to do. Unless a city requires that all food service companies doing business I(1SURflf3CE REQUiREfTIEfiTS fOR FQOD TRUCIiS Ifl LOS Rf1GELES: �'�thin its 6oundaries carry a specific level of liability insurance, it should follo��v Los Like all motor vehicles.food trucks in California must carry Angeles' approach and not foist additional liability insurar,ce in erder to operate on the public right requirements on food trucks that their ef ti^aa�/.'� Food trucks ooerating in Los Angefes need not brick-and-mortar counter arts do not purchase any additiona! !iability insurance beyond that share. p amount. ;:�- � _�,.::_ i�,:�,i,.; .,,,,..�, -,_. -, -.�z.� ;.�r�: -:�....;�. �_-- _. ., _,��. ,..� .,.. .,, �_ . ., . .,. .e,.a! .�;:.�,,.1• .a.a�, .�_.- . �,� -,?r . ,� .._...:,_.._.�., . . .�..,.��,�i _ -.,�c -a.��u�, . � :�ar.> .; �:e..��... .sn,:�. .._ . �._ ,._, -... . ._ , -,� -_ _.�. . .._. :��2..... ._�:-...� - -.�.�,,:1 .o ;:,.,;: , ��t.::... .,_.;F,�,a r.... -.,, -�---., ,,,�,�...� , .....-,; ._!^;:.; , ...' s=' -.�.:_„..;._'.'@Q _ ?j � �F�� RU��, __►� �� .��: - , •� � ' ' ' ' _`� ' ° ' restricting vending during certain hours only at specified ` ' ' ' " ' � ` locations.�5 �• ' ► + t' ' ' " Other cities' restrictions, howe�ier, are quite onerous. In � ' ' ' Phoenix,food trucks may not operate in the pubfic�Nay after � +. ' � ' ' ' ' ' 7 p.m. or whenever it gets dark, �r;hichever is later.� And ir . � •� Sacramento, Ca(if., the city manager requires vendors to limit their hours of operation to bet�n�een 8 a.m. and 6 �.m.�� These restrictions do nothing to further public health and safety, but make it that much harder for trucks to succeed. NOURS OF OPERRTI0�1 I(1STITUTE FOR Jl1STICE RECO(rifC1E(10flT10(1: me inst�tute fo� HOURS OF OPERflT10(1 lil LOS A(1GELES: The city �ustice recommends that cities follow Los Angeies' approach of Los Angeles does not place an��artificial and not restrict�rihen food trucks ma�/operate. Trucks limitations on��hen vendors may operate, should be free to vend at any time,or a�the ver�/least to be �rinich allows food trucks to specialize. subject to the same rules as brick-and-mortar restaurants. Some trucks, like PerKup Coffee and Tea Co., To the extent that vending fram a specific location at certain may choose to serve breakfast fare, while times poses actual public health and safety concerns, cities other trucks may decide to cater to late- should address the specific problem and go no further. One night customers.just as others serve bar example of such a narrow approach is Santa Monica.Calif. patrons on Friday and Saturday nights. This mere: officials were concerned about the large crowds of kind ot flexibility means that consumers will people coming out of late-night bars on a stretch of Main be able to get food on their way into work or St�eet. The worry was that the size of the trucks might on their�r�a•/ home after a late night. In the create visibility problems for passing automcbiles and lead to end, letting trucks choose when to operate accidents involving inebriated bar patrans �Nho venture out leads to more successfui trucks and more into the street. Rather than banning all food trucks in Santa satisfied customers. Monica from operating at night,the city took a mare focused approach by merely saying that on Frida��and Saturday nights, trucks could not sell from 1 a.m.to 3 a.m.on the haif-mile HOURS Of OPERATIO(i l(l OTHER CITIES: Of stretch of ivlain Street Uvhere the bars are located.a=' Food the 50 cities surveyed by the Institute for trucks were abie te continue operating on nearby side streets lustice for this report, approximately half where the city�s traffic safety concerns�Nere less. prohibited food trucks from operating during at least part of the day. Some of these restrictior�s are quite rninimal: �� 0 _ .. � In Austin, Texas;for instance, mobile � " ��'�` ` s` � �`�,`� � a i � � ' - f�s_,�d��j��,i �,,;��3rad � food >>endors are on(y required to cease � ,;'# � �f�=t ; 1��``��., � �� >� �� ,. - operatians between the hours of 3 a.m. and � ; , : . ;, ,;.. � e �. _' aa ., i r_ , . � 6 a.m.3� And t�le�nr York City has no_blanket � � � ,,,t, , - � � �r, .a: � , restriction cr hours of operat�an, instead _ .. _� .. . ..,. �..,.,.-. . . ��_ . . .__ . _:.. �.c "L'��c.�...�5...��_�`. ..3.�3�'? . y ' . . ,.._ .. .,_., r. .,... . .. _..'" "_„)� � . ,:..,._.:��J"�-.�._...., .._._'� u..:.....v�-!1_"_,o � _i-i.'° .?c.. i�, .n..- ;.,. �:_-•5�'riv c .�o:,: �=r::�:-^J . �.'Jo�;.IO t i a[: .. ..,.. . ., ,.. _ �.._.. , _, ,:. .�:ill..I G �_Sa�'2_.u,ncb_. � ��- 3 ' � t ; ; � 4 I I Ff(1PLOYEE SR(iITRT10f! I(1ST(TUTE FOR JUSTICE�ECOmlTIEfiDAT10(i: Handwashing: ?he lnstiiute for lustice Sflil(TATlO(1 Lflt�fS Itl LOS R(iGEIES: recommends that cities follo�r�tne example Handwashing: One of the simplest�;��ays ta prevent disease and of the California Retail Food Code, which � contamination is for food handlers to wash tneir hands. In Los requires trucks to have handwasning � Angeles, food trucks that prepare food on board must be equipped stations if they prepare food, but does F �Nith a han��iashing sink for employees' use. This sink must be not require them on trucks selling only t connected to at least a three-gallon��iater tank, be capable of prepackaged foods like frozen desserts.�� ''• dispensing water in excess of 100 degrees Fahrenheit, and must Typically,the issue of hand�r�ashing sinks � function independendy of the truck's engine.y4 is governed by state health codes. To the zxtent that a state health code does not ; Bathroom Access: Los Angeles requires food-truck operators that address the issue, the Institute recommends � stay at a single location for more than an hour to ha�re access to a that a city require that"[m]obile food � building�r�ith toilet and hand}nrashing facilities that is�rrithin 200 feet facilities from which nonprepackaged food is of�,vhere the truck is located.=' A recent change to the Ia+N extends sold snall provide handwashing facilities."y' � that distance to up to 300 Feet for�ood trucks that pre-arrange and � enter into "a fully-executed agreement between the operator and the Bathroom Access: The Institute for Justice � o��ner cf the restroom facility." Alternati�ieh�, trucks may close for 15 recommends that cities follo��v the examples minutes every hour tc "reset"the one hour clock. During that period, of Las Vegas, Charlotte and Portland,Ore., � the food truck's��rindo�a�s must be shut, its employees must leave, none of which requires trucks to enter into � and the operator must leave a note saying�vhen the truck closed and agreements for bathroom usage. Food vvher it wili reopen. trucks; as a matter of common sense, � already pro�iide bathroom access for their � employees;they need not be ordered to do � SRt14TflT10f1 LAU1S If10THER CITIES: so b��the government. Furthermore, la�<<rs Handwashing: Los Angeles' requirement that all trucks have requiring written bathroom agreements dis- hand�Nashing sinks is by no means out of the ordinary. Almost all courage trucks from exploring new markets cities that regulate food trucks mandate hand�Nashing sinks, �avith and sharing their innovative products with the specific requirements for those sinks differing based on the parts of the city that they do not normally jurisdiction. For Mesa. Ariz., the handv��ashing sink must be at least 9" frequent, � Icng, 9" wide, and 5" deep.=� And Arlington, Texas,specifies that all � feod trucks must contain a hand�rrashing statior that is equipped �r�ith _ both soap and sanitary towels.�� ;� A`, _„ ' '� ` ' �"�� _ _: _ Bathroom Access Los angeles is in the minority when it comes to ' �' '^l{��j � _- � its bathroom requirement. Niost cities do not regulate bathroom � � access,instead trusting food truck entrepreneurs to manage their r ' �;Y �';,f' � `+ =; +'� � � �� ': +s. _� � �� - o�;vn ba��room needs. And those dties that do mandate bathroom � � .. � „� , access are less intrusi�re. Ir Austin,Texas, a food truck must enter -;s ,} ,<x,,,��f, e,;=� , ��r�,� ,� :r�a t_..�� . _ into an agreement only if it will be in one location for more than t��vc nours.'° And in Boston,trucks need only show that they have access - to flushable toilets and handNrasning facilities within 500 feet of the _ , �;��,> s£ a,� �-��r �� .-•`,� -;- .-�. \'� - truck if they're in one spot for more than an hour.�' --.-�,��g•:x36; •�;}g, � , „ , �+ • t e i � i € f � j . .� :;,, �� .�,:. ._� -_. -r�u ,,.�s .t,�.��< ._., ..,� -:�.> .. . . , .....� _ � _ . . , -,. _ �. ,._. , .. _ _, ., , � .., , , ,� ,:,-.. ,.��:, _�_. �_ a:_._ � :� , _ , � �.�� . �_ ,�.. , ..- . :,, ,, _ �.�, ,.« _... , . > > �_, �.,_ _ ,_»; ; .,, ,,.:-,; . .:a� a=, _ ,-� �:� =,�.� .: ,,< ,:...: ��3�, ,�:.�;,. , _. s . . _ . __ . .,-,,,�.- -,_,�:,. ,,��. .... .�,.�... .::.:.. . .:....� - 2� ��4oD �a��- ' .. ,+ I �� (�(��(j�� CO(T�(�IISSfiRY FIEQUIRf�1EliTS IIl OTHER C1TI�S; ��ost_oth�r � cities require that`ood trucks generali�� assor_iate �r�ith a �ammissary. but son�e cities' models gi��P trucks more CDfTlffllSS�iRY RgQllif�E�'lEfl�'S ifi LOS fl�iGELES: flP��i��ty than �cs Angeles does. under Portland. ore.'s la�v. ��/�ost mobile-Food �✓ending o�erations irr for exampie, a truck need not associate��vith a commissary �f Los�r�geies are based out of a commissary, i�se!Is oniy prepackaged f�od. in v,;h;ch case it�eed onl;� be �n�hich is a facility at+rihich operaters can affiiiated �v��ith a �r:arehouse."" Alternati��ely, trucks in Portland Gark and clean their truc!{, store their '�may rot be required to ha=�e a Lase of operation if the unir imientory and do the paper��rork that is cortains all the equipment and utensils necessar�/to assure" associated �nrith running am/ busir:ess. The that the�iehicle is clean and can safeh�store and prepare California Retaii Food Code and Los Angeles food.'=l lY?e s�ate of Fiorida has similar;y praposed regulations �ounty require that most food trucks that��iouid exempt self-sufficient mobile food vehicfes from be stored ar,� ser�iiced at an approved !��a��iing to associate�,vith a commissar��/. �- commissary.3R The only exceptions to this i�ost other cities also let food trucks and otner requirement are for trucks that operate culinary entrepreneurs use snared kitchen spaces to prepare ircm a fixed position at community events, and cook food. One such city is San Francisco, where La or trucks that engage only in limited iood Cocina, a nonprofit"kitchen incubator,"offers lo�ra-income preparation(ir �r�hich case they may instead entrepreneurs shared commercial kitchen space and be serviced 'oy a mobife support unit).''� V�Jith 'n�orkshops�r�ith such titles as"Ho�n� to Start a Food Business in the exceptions noted abo+ie, food trucks San Francisco."�0`' And in Austin,Texas,another city that lets must be cleaned ever+�operating day and food tr!�ck operators use shared commerciai kitchen spaces,a must report to the commissary at the end of �ompany named Capital Kitchens gi+ies Austin f�od truckers a each day's operations.'�"' choice: They can use the fac�lity as just a co��nmissary�nrhere although Los Angeles food trucks they can clean their trud< and store their food, or they can may clean their vehicles and do their also register the facility as their base of operations, ��ahich paper+,vork at a shared commissary,they allows them to arepare and cook food there as�,vell.'0� may not actuaily da any Food preparatior there. The reason is a Los Angeles County ��j� FOR Jt1STICE RECOffI(f1E(iDi�TlO(l: �'ne institute r`or i-ieaith Department rule that says that only the permit holder fo�a commerciai kiichen �ustice recommends that cities follo��v Port{and's example by ma�use it tc prepare food. ivlatt Gefler, exempting tood trucks from being"required tc have a base of CEO of the Southern California PAobile Food operation if the unit centains all the equipmer.t and utensiis Vendors' Association, vieuvs that position as necessary te assure" thai the truck can satisfy health and counterproductive and "a threat to public satety cor�cerns. Some food trucks are self-contained mobile health because it does not give mobile kitchens that procect against vermin ard can refrigerate vendors the option to operate legaily in and freeze food Z4 hours a day. Likewise, a truck selling a rented kitchen. This can lead to mabile only prepackaged items, like cupcakes, poses no reai tf�reat vendors prepping from home or unlicensed ro public safety. Because signing up and �vorking through kitchen faclities." He recommends that a commissary can often be arduous, requiring trucks like Los Angeles County create regulations that these tc associate with a commissary is both cost�y and ai+o�v far we of an approved commissary or unnecessary. For trucks that are not self-sufficient,the shared kitchen space tc prepare. Irstitute recommends that cities foilo�nr the example ofi Lcs .., .. ,:: ._ - _ � _� , ,,.� . .. . . . � , __, � � .,,�.: . , — . AngGies County, �nihere trucks can operate out of their o�rfn permit and get out on the road. Although ccmmissary or a shared comm�ssary. the Southerr California Nlobile Food Vendors' Cities should also let food trucks band together and Ass�ciation'L has helped fill scme of the oper their o��n shared kitchen spaces, including spaces void, Los Angeles should clarify what these }Nithin commissaries. Los Angeles County's prohibition fledgling entrepreneurs need to get started. against shared kitchens is counter�roductive and puts a high roadbiock in the way of fledgling entrepreneurs. Instead, Cost: The annual fee for a Los Angeles the Institute recommends thai cities follo��v the examples of County health permit for a food truck ranges San Francisco and Austin, ?exas, �ahich both (e±food trucks from$60z to$787,depending on v,�hat prepare and cook food in shared commercial kitchen spaces. types of items the truck sells."' The city of Los Angeles does not charge for a business license.'~ :• ' ' ' '' ' ' � ';" ' � • � � > ++ Who the Permit Covers: Los Angeles Ccunty 3 ' '� t �' 'f ► ' + + • � +�• +- 3 requires only that the operator of a truck � ' + � - � .- f ha�ie a permit. The employees who help out ';: ' . + •P • ► on the truck need not apph�and receive their a i :. - � _ , � , own vending permit. � a_. � _ �. ,. . � � ��•�r • � e �t=+i? :-t., .t7r,. .i s:a r ,;t.,-=.t9< <,_`,# P t � �.;?9_ ,.;,s r::-:S, ..j.,j, ",`},i•;,�r; �� Limits on the Number of Permits Issued: ,�;-;�. : _ , , _. ;,, > ' Neither the city of Los Angeles nor Los j_ , - � Angeles County limit or in any other way , �... , , �.: �_; - - . _._ ' restrict the number ot faod trucks that may . ._ ----- --- -- - _ ---- — -----_ apply for and receive a license ar permit. PERmItTIfiG Af1D LICEfISI(1G HOUJ OTHER CITIES LICE(iSE fl(ID PERmIT FOOD TRIICHS: HOUJ LOS fl(1GELES PER(fIITS Hf1D UCE(1SES FOt�D TflUCHS: Application Process: Many cities` actual The Application Process: Before a tr!�ck gets on the road, permitting procedures are more complex it needs to get both a health permit from the county of Los than Los Angeles'. In Mil��vaukee, for Angeles and a separate business license from the city of Los instance, opening a food truck means Ange(es. The health permit requires operators to provide getting a peddler's license that requires the detailed plans for the layout of the vehicle.'�� it also requires health department to inspect the vehicle. operators to fill out�rvritten operational guidelines that lay out But a�n;ouid-be operator must also apply the truck's proposed menu, how it will be orepared, and ho�v for a separate food-dealer license and the truck will�Nash its equipment and utensils.�°i Lastly,at occupancy permit for the business.'= And least one person on board the truck must be certified in food that, in turn, requires the operator to apply safety.'0� for and receive a Wisconsin state seller's A!though Los Angeles' application process is relatively permit.75 Altogether, an appiicant in less complex than the process in otherjuris�ictions, it is still Milvvaukee must get permission from at least often hard for would-be food-truck operators to na�iigate three separate government agencies,each it. This is because, although food trucks in Los Angeles are requiring multiple steps, before getting on regulated at the city,�°ccunty,"'�and state" levels, none the road. o��i-;ose jurisdictions�iearh�explain� hav.�o get a vend;ng - � : _.� .�- , . .� ,. .-�., . __,1 �.,.� ::: ��, .,-:. ... .. .._ . .., . ..- . � .: -iE';�- ..G .�.- _ _. ,=. ..,.,- -�..:;_w:2u. ..., , , . .m. .,., ._,._ . ' .._ . � , � -,. ...,�� ,,u..._.. ._�,. � ��... _ . .. , .._. ._ '_"' . ..... . .. . ... .. . ... ... ._ .- �.'cS 1. ......i;2��^:£ac. .�...^. .. 3 _.. ....... .� ... -:�l . .�;_ ,da il....". ........., , .,.�._a �.._ . _.,. ..��. ,_., . ..,s.� r ...: ....,, , -dJt?...i_ ,. ._��.__. .. . . . .. ... ... .� .. _. .. ..,. -_ _ _ .... _-u... . ._ .pi i . -_., . ...__.. ..>, j ,3��._.- _ . .�:J�__ti�-;ni .i., . _"_ .� .. .... �`].-_" ,��o� , �aucK_ ,, ,:,;, _ ___ Boston's Ia�N is similarly complicated. yending permits to inclividuals. not businesses, and rer�ui;es The cit/has a singie application form fcr that someone��ith a �ialid per��r7it be or� board �h�tru�k mobile vendors;once an applicant submiis `Nhenever i�is in operation.'2- If the food truck'� o�rJne�cannnt the form, the P;�blic Works commissioner be on bcard himself,then an employFe on the truck rnust submits it to various city departments for ha�ie his o�nin separaie vending permit. This requirernent their revie�ni and approval."' But before an irnposes a significant burden on foad-truck o�,vners, �n�ho face applicant submits their application, he or a huge hurdle if they Uvant sorneone else to occasionally run she must f�rst obtain a health permit from the truck. And�Nasnington, D.C's rule limits the oppertun;ties the city inspectional Services Department,a forjob creation that mobile food �iending can ofier. business certificate, a state-issued peddler'� license and a GPS contract.'�� Altogether, Limits on the Number of Permits Issued: Most cities in the a �r�ould-be vendor in Boston must go United States do not impose a limit on ho,ri many food trucks to three diFferent city departments;the may apply for and receive a perrnit. One exception is Ne�r� common��ealth of Massachusetts and a Orleans, �r�hich states that"the number of[food-truck] private GPS company before receiving his permits issued . . . shall at no time exceed 100 for the er�tire or her license. Actually being able to sell city."iz' Ne�rr York City limits the number of permits a�iailable from the truck on either public or private to food vendors, including food trucks, to 3,TOO.�� aitnougr property requires entrepreneurs to take it sounds like a large number, this number of permits is se�ieral additional steps.''` insufficient and has led to the grov,rth of an illegal black Aithough Milwaukee's and Boston's market in vending permits. The price on the blacl< rnarket permitting procedures are much more to use someone's food��ending permit for t+rJO years has comp(icated than Los Angeles', both cities reached as high as$Z0,000 according to a WallStreetJoumal provide helpful guidance to applicants. In investigative article.'�- modernizing its food-truck rules, Nlilwaukee created a�n�eb document that helps would- �(�sTITUTE FOR JUSTlCE RECOfTli11E(1DflT10(1: oe food-truck entrepreneurs understand �1~ihat they need to do to gec licensed.'�`' Apptication Process: The institute recommends follo��fir,g Boston provides similar information on its Los Angeles County's approach to permitting, Uihich is less �vebsite.iz� complex than the process in otherjurisdictions. Most truck operators in other parts of the country report ha��ing to deal Cost: The licensing fees that food trucks with two or more different agencies to get their permits. pay vary greatly by jurisdiction. Ir Kansas and having it take �r�eeks, if not months, to comp(eie the City, �lo., food trucks have to pay$292 process. i-his complexity cor-��pounds the confusion that often annually for a permit. In Boston, the permit surrounds the permitting process. As a food-truck operator fee varies based on a complex valuation of in Philadelphia, which is known to ha�ie a complicated the pubfic way used by the truck.'�� And in permitting process, said, °The government operates in silos, Cle�iefand, the annual fee for a food truck is no agency is coordinated, no one person can give a succirct $Z63.44.'z' overview of the entire process. it seems like no one truly understands it comprehensively." Requiring muitiple permits Who the Permit Covers: Lastly, most cities from many different government agencies r��akes it both more require only that a food truck appl��for complicated and more expensive to get a truck on the road. and receive a single vending permit, �r�ith In terms of clarity: ho�Never, the Institute applauds the truck's employees�NOrking under Milwaukee and Boston for clearly explaining ho�r�to apply for a that permit. But Washington, D.C, issues permit, and tne Institute recommends that otiier cities publish similar step-by-step irstruction guides. Operators across the ,..,,_ .._ _ ..:�,. , _. . , „ ,,, , �, Z; �.,"':e�,..,�., .,__ �.._. � .. .�.. ,. . ... .. .. . .... ... . .... ,..... . . _.. .� - ..- � �;- ; �na .,. ;,, , �,._ , :.- -_ ... . . ..� .. . � ...- �. _., � � . - „ ..,� �.-:�.�cr . '.a�.. �-� - ., ,��_.�a �.. � ..r�i;.�.:� ,�,.: . .._ ,..;,.� .. . , .,:.._, _�..,.,.,. _ ...... ,:_�n�s,.;r�..�v;; �C�-OC3. „ t,i�:a s ., ,.� . .�.. ..... .... . ... ...,_�.. a�.,�.<r.��r r..c.:--....,,,:�e�.; . .� �,� �.. .....•. _ .. ,s ,�. . ._ .�.,..... �__,. , ..._. . , . .., _;a,-� ., ,. ._,,, . .......� .,.�c��.. .,,�.. ...,,,.......... . ... ... ..., :r,�.a._ . ,. ..,��::�u :i:c�s sa c . .,.__. . v,.-. »... ... . _ ..... -:t.:. c �,,.—;r^'... .,.. ... ..,ac'.. . _ � .�,.: . � . - . .,- . .... ,: ...�,.,. « . . . .� , . .,.?i-C. a� � _ . _ R . t�.,]! _.__F _ . u . "_.. .�... .. ... . ..`� ��• � - L i... .�t ..LE. 7,i�ji�,<�a -.i u.��i�. .. . .:-..�-.. .�.�v ; ;:_, .., �_;.. _,.:��:" . ...�. :.'v: ,..�I .-..,�, , , �t,:. _ , .. ... , � .. . , ....._. ..,. , .. _ .P1:8. .,..1•,:.:. . _. . . ..�.tC�„ , �... .. .1 . ,_. .,,,�tG..Otir-n....J:�. �: .�,.._�." „1:�..3 ...�,,.�� c.��c.w., .,w,.. ��.,_� C�. .i. .�,�:1; country repeatedly complair that the most frustrating aspect oF the permit±ing process is not the specific requiremnnts �� ' , _r: � : .t in�ia��ed, but the lack of ciear, corsistent irstructior�s on ho��u � " ' ' ' to compiete them. A�cording to food-truck entrepreneurs = " '° � � ' :' ' ► '� �niitn�,+rhom the Institute spoke, officia!s often don't seem ' ' °o '' � + � ' ' to kno��r afl the rules, are unhel�ful or give conflicting � ' � • ��• � . � r ii inf,crmation. „ , • , , • �, ., , ,, � � + �� . Cost: The Institute, after re��ie�rring the cost of applying for . vending permits across the cour.try, recornmends that cities should impose a flat annual fee in the range of 5200-$300, as 6oth Cleveland and Kansas City, Mo., have done. Businesses shouid not be vie�Ned as a cash co�r�, and the Institute for � Justice recommends that fees be no higher than necessar�� to cover the cost�f inspecting and regulating the food trucks. Furthermore, those fees should be relati�iely stable and kno�Nn � to wouid-be truck operators before they enter the business. � � For this reason,the Institute for Justice recommends that cities not adopt Boston`s con�roluted fee structure. Who the License Covers: The institute for Just;ce recommends ' - -�- = -- — -= that cities follo��v the example of Los Angeles County by letting cperator;decide��vhether te have a license or permit issued t� - them personally or to their vending business. Cleveland,for _ ° instance, issues food-truck licenses to "vendors;"which can - - _ _:_..�_ . ,=: _� .._...:, . , .. _,---_.,. . - be either an individual or ihe associated business.'�� Brick- ° - ° �- � " '-k° -=�^ ; and-mortar restaurants need not get a separate license for each shift manager;similarly, taking this simple step wilt let trucks a��oid ihe time and expense of acquiring a vending permit for each manager+nJho oversees truck operations. � � 9 $° �� ; � - _a,r� �• Limits on the Number of Permits Issued: The Institute for Justice recommends that cities followi the example of Los • + . Argeles and not limit the number of food-truck permits. Placing an arbitrary limit on ho�N many licenses may be issued does �ot address any actual health and safety issues. � �,:;, - � �,,, u; ,, ,,,, , _ Instead, it acts as a barrier to ne�n�food trucks�,vhile enriching _ those fevv who are lucky enough to have snared a permit. „ , _� � ��, � ` � Furthermore, a limit hurts consumers by limiting their choices. _ ,,;. . ,. - _ Lastly,a cap is unrecessary,as consumer demand uvilf guide ho�v many food trucks�,vill voluntarily choose to operate in a � given cit�t. _ _ - "- _ 1' l � '�.:{fi . _ _ . - . y �� 'ix{' `- � ` - . . y��'��f r.' i;: t �'`'_i fa � . < F _ ,.:,:�.. , .. . . . . . .,,. . . __ -.._ .�.. _�._, __ ._. . ._.. ._.... _.__...�-. .__ _ ..__._�. __ .,......��.,..r �,� -._ ...;� _ . . . . .. . _ . .. . �o . � �4�D �RUC�- - ;-_ �� canc�usson A vibra+�t food-truck industry berefits everyane. it provides consumers �r��ith a �n�ide variety of innovative, inexpens,�e cuisine that they might otherr�ise not get to enjoy. It gi�ies would-be entreprer,eurs�r�ho are(ong on ideas but short cn financial capitai a �r�ay to pursue their dreams. And it can activate underused spaces, bring new life to communities and make them safer, more enjoyable places to live. Public-minded officials tr�ho want to make their cities better w�ould do well to encourage food-truck entrepreneurship. Thankful�y, this commitment doesn't require paying for an expensive ne�na program or hiring dozens of vending "experts." Instead, cities can look to other cities that ha��e experience regulating food trucks, such as Los Angeles, and then adopt their best legislati�ie practices by implementing the recommendations in this report. By a��oiding protectionist restrictions and enacting clear, narro�,vly tailored and outcome-based laws to address legitimate health and safety issues, cities�riill enable their residents to enjoy all of the economic and cultura! benefits of America's gro�niing food-truck revolution. � ► . , e • i +�• i i � i• � I i � � � • i �� r I ��, 4 {�u !�I � }}, I �°�`�� '�'s� � �� > � t':� ( � � � � � �.• - � ' x �`� � �` ��,t �' __ �_ ..m�.m��`'':% � . '�' ��y � �� :. ��= '�"° �� .xs'"- ��'.. � --^� '�; i,,,� �� 3�y'`. s�6 �� _-'r,:�- "-z`�. �� ; 3 4Y 4 S, � - •v .. .,��-'c' SiF $. ��` �� •� �� it°'4 �rw!F:."`' 'Ac `�Y"� '�-`,jx � �N'� ��- ;t� Z ��i� 3�- * � I � X k� � ,a. _ � � ` � �_ 1 t�a��'�¢ .. ._�1,. � � 3 j1 y '� .t. �� - t :.{:� 'L. .__ .. ,-__. _ , .. _ .�.�t .3:F. . . . _. . ._..... '4 _ � ,y.�� {p ki; ;: � _ �� F f�_ k: : ,�, � � : � ! 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' '.� ' 's�j _ � ?.r i �:� . `'{ .� ,��.��, . � — — = �1RE�T= OTHER PUBLICATIOf1S QF THE i(iSTITUTE FOR JUS�f10E°S (1flTI0�i�il STREET UE(1D1(1G it11T1AT1�JE SQFD , .^�� ... =F...��si. .-.-�'��F�, . ''� � � �7� 3sr' .� �°'� �_ _ -_� Streets of Dreams: How Cities Can Greate Econornic Opportunity by Knocking Down Protectionist ' Barriers to Street Uending(July 2011) ��nav�N i� org/streets-oE-dreams-� , Seven IVlyths and Reali.ties about Food Trucks:i��'hy the Facts Support Food-Truck Freedorrz (November 201z} www i�.org/vendin� IJ UE(lDl(1G UIDEOS _ .. . _� .. �Y..� G +� �.. X. i �� #.`i__ +r ; �� ,�� i�r oa � +� . , ��. x .'� ,� { � r. .l�r= '� 1 ,g -��t. �;� -� ,'. _ .7 yya� � � �;ty . z,- r - - `'� ti e ° _�� k�3 -�. � ,�� 4y 1 F�� • �.r �9 ..- �'ti .�117' ��,.-3 �f _ '. .� ,,' , i�.n- -=-- n< <Iti�i:! :. � .�. �".�'� � Ci2icago Fo�d Tr�acks �tlanta Ve�nding EI P�.so �"erid�ing tuww.ii.org CfLicugoFood'£�•iiek6ideo tutt�w.i1•org;Jreedoin�lit!category;'SI;'I77 t�.�iutv.ij.o�•g,'freedo�ratliz categoru d3 l:i ROBERT FRO�1mER RO�E!"I Fr�mmer i�an attorney �,�nth the Instir_ute for�u5*IC2. �tdhE�P hF!ILI�d�25 !C� ', defense of palitical speecn, e�onomic liberry and private prepert/. �' ' Frommer is lead counsel in the institute for lustice's !a��suit agai;�st the ciryo uf Chicago's anti-competiti�ie food-truck law. He is also lead cou�sel ir. a la�r�suit challenging Atlanta's vendir�g monopoly and is a co-author of Streets of�reams. Frommer`s vieuvs have been published in a number of print ard on-line ne��vspa- ' r�rs ard jourr�a�s; ir�ciudir�g �e 'rVa!!S�reer Jcurna;, ?'ne ��,�GShIr9C01i FvSi dru iric - - Pirtsburgh Post-Gazette. Befcre joining iJ, Frommer;��as an attorney�fi�ith the Washington, D.C.. office of Gibson, Dunn&Crutcher �LP. He is a forrner la r�clerk tc Judge�;1orris Sheppard Amold of the U.S.Court of P,ppeals for the Eighth Circuit. From�mer recei�ied his la�av degree magna cum laude from tne University of�viicnigan �a�,v School in Zaa4. BERT GRII Bert Gall is a senior attorne��at the fnstitute for Just:ce. �,�•;here he litigates eccnomic s � - liberty,free speech, school choice and property rights cases naiion�n�ide. Gall directs U's Nationai Street Vendirg Initiati�ie, a nation�•vide eii crt to vindicace the r+ght of street vendors to Pa�n an honest living by fghting unconstitutiona� ,'�' _ vending restrictsons in courts of ia�ni and the court of pub(ic opinion. in addition to ; _ serving as co-coursel in I1's�urrent cnailenge to Chicago�s protecticnist food-truck � la�n�. he also ser�red as co-counsel in iJ's successful challenge to E!Paso's protec- tionist restrictions on mobile verdors, which resulied in EI Paso repealing thcse restrictions. Gall receivee� his lalr� degree from Duke University in 1999 and his undergraduate degree frem Rice Univer- sity. Befere coming to the Institute. he worked at Helms N1ulliss&Wicker in Charlotte. i�l.C.. and cierked for Judge Karen UVilliams of the U.S.Court of Appeals for the Fourth Circuit. In 2009, Gall�vas recogniz2d by The Nationa(Law Journal as one of iis "Rising Stars:Washington's 40 un- der 40," which honored the tcp 40 lawyers under the age of 40 in the Washingtcn, D.C., area. �c�nav��DCEm�nTs Y�_:c.,. _ ...�... . � , ..�.... _ d . ,.,.. ...,�ea.___,�..,. ..,�,__ ...mce-�� _ �. ._ - _.., �. .�..d,;!_r.r, ... ,. �c:J,.�_-��aCh �..,.�. d '_ ' . __ . _ .__�;_ pr; ..�1.,., � �.._ :-�,7 ;a..�.,_ A=S:,i,e .. ..,J:_� ... , ,..', '. �_ _ G ,.:\?..��P�:.— .�_ _.�._ � ._�.. i . ._ ,..._. .�_.a y._. _ .�,: . .i� ... �.i,. ..� v �(p�.. ✓ _. _.._ ..�__.- _C_,,:d��.1�. _��_. _ _ _ �.. _.. _� r,.d�._ � �__.,�. ..,� __ _ .�a .:?:.,. ... . _�.._ _ ..._ .". _�co�> .,,,., ,i� � ._.,a��, .a,... . .. .� c�. r;<�7c'�C-.�`h2.o.�:,3___c .,..._ �..�.. .�>..�-a�..�. . _a,.�.v � - ...,.,..,�_...[k_ „ _a`�K.v ,.'a'-:?'� _,.-, _, _.:�"�_:. 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' -. - - , '�?�§ �4 ��. ; � �,EG R L I�� - =STREET= Published by th� InstitutC for J�i�tic�'s Nt�tion��l StrE�;E�t VE,i�ding f t�itiative � � � �OOD � ; 1�Ui�nrcrl i) i t�r G I{ �!_a�! ��.u<<�., - - - i:! .��?ni,'.rr�iii,> SEUE(1 m�'THS Af1D REAIITIES ABOUT FOOD TRUCI�S: U1HY THE FRCTS SUPPORT FOOD-TRUCH FREEDOm By Bert Gall and Lancee Kurcab1 Food trucks continue to grow in popularity throughout the country. But as the Institute for Justice detailed in a recent report, some cities have responded by enacting and enforcing laws that do not advance pubiic health and safety, and serve no other purpose than to "protect" restaurants from 'competition from food trucks.Z Arguing in favor of these laws—such as those that bar food trucks from operating in popular commercial areas or that prohibit food trucks from parking within several hundred feet of any restaurant—their proponents rely upon several myths. Below,we list the seven most prevalent of these myths and, using facts and real-world examples, debunkthem. MYTH #1: The presence of food trucks is harmful to a city's restaurant industry. REALITY: The presence of food trucks does not hurt a city's restaurant industry, but instead helps it. Claims that food trucks spell doom for local restaurants are not only unsupported,3 but are also contradicted by the experiences of Los Angeles and Austin,avhich have enthusiastically welcomed mobile-food entrepreneurs. For example,the continued growth of the food-truck industry in Los Angeles—the birthplace of the modern food truck—in no way diminished L.A.'s vibrant restaurant scene. In fact, customers in a recent Zagat survey reported that they think the restaurant scene has continued to improve.4 In Austin, local restaurateurs and economists generally agree that the city's robust mobile-food scene has boosted the restaurant industry as a whole.s Citing Los Angeles and Austin as positive examples, a group of restaurateurs in Pittsburgh have joined together to ask their city to get rid of restrictive regulations that have stifled the growth of the food-truck industry there because they have recognized that the "cities with the most vibrant food-truck scenes also have booming restaurant industries.i6 Indeed,food trucks all over the country are helping to bolster the local restaurant industry in (at least)three specific ways: 1. Food trucks'presence increases the number of customers available to restaurants. Austin's food trucks and food trailers are a rising tide lifting all boats in the local restaurant industry; one way they have done so is by attracting more people—both new residents and tourists—into the city.' In Houston, restaurants have experienced increased business generated by food trucks parking nearby and drawing more people to the restaurants' neighborhoods. It is for this reason that restaurant owners have asked the Houston City Council to ease existing laws that make it difficult for food trucks to operate.$ And in Las Vegas, George Harris, the owner of Mundo, an award-winning upscale restaurant in Las' 1 Vegas, has observed that food trucks help his business by bringing new customers to the neighborhood.9 Furthermore, historical evidence suggests that banning food trucks from an area in which they currently operate will harm nearby restaurants by decreasing the number of potential customers. For example,when street vendors were b�nned from New York's Lower East Side and Chicago's Maxwell Street Market, brick-and-mortar businesses complained that they suffered lower revenues as a result.10 Simply put, food trucks draw people out of their offices and homes and into the community, opening their eyes to all of the meal options their neighborhood has to offer. 2. Food trucks provide restaurants with a great way to market and expand their business. All over fhe country, restaurant owners are launching their own food trucks. For example,the owners of Curried, an Indian restaurant in Chicago, started a food truck with the same name in order to better market the restaurant. Mission accomplished: "We've definitely seen an increase in business at the restaurant,"says Scott Gregerson, Curried's managing partner.11 Jose Hernandez, general manager at POPS Cheesestakes in Las Vegas, says that the business at the restaurant's physical location has been boosted by the restaurant's food truck: "The truck has been great advertising."12 Brian Pekarcik and Rick Stern, co-owners of Spoon and BRGR restaurants in Pittsburgh,just launched a BRGR truck for the same reason. "As brand . recognitiort, it's a great advertising piece,"they explained. "And we expect that it will drive customers to our restaurants.i13 Similarly, Paul Lee, owner of The Winchester restaurant in Grand Rapids, Mich., explained that he opened the What the Truck food truck to serve "as an extension of[T]he Winchester. It allows for us to reach a greater audience and provide something unique to the city."la 3. Food trucks often serve as incubators for new restaurants. Several restaurants got their start as food trucks: Many chefs with a great concept, but without enough capital to start their own restaurant, launched food trucks to bring their cuisine to customers. Finding success in the food-truck arena, these chefs then accumulated enough capital to launch their own restaurants. For example,the New York Food Truck Association has 42 members, and 40 percent of them—including Mexicue,Souvlaki GR and Schnitzel &Things—now also have brick-and-mortar establishments.1s These entrepreneurs are not an anomaly. Hundreds of other food-truck owners, including those profiled on the next page, have also�opened new restaurants. Without the availability of the food-truck business model,these chefs might not have been able to open their restaurants. In sum,food trucks provide a boost to a city's restaurant industry. z Examples of Food-Truck Entrepreneurs Opening Brick-and-Mortar Establishments Austin: In 2006, Michael Rypka opened a small food trailer on South First Street in Austin called Torchy's Tacos. The trailer became so successful that he was able to expand:Torchy's Tacos now I has eleven brick-and-mortar restaurants, not just in Austin, but also Dallas and Houston. Michael now employs about 450 people.16 Boston:Ayr Muir graduated from MIT, earned his MBA from Harvard and began his career working at McKinsey& Company. But in 2005, he left the corporate world to follow his dream of becoming an entrepreneur and launched Clover Lab Food Truck. His locally sourced vegetarian fare has been such a huge hit with customers that Ayr has now been able to launch a total of six trucks and two restaurants in the Boston area.l� He now employs over 140 people.18 Chicago: In 1963, Dick Portillo opened a six-by-l2-foot hot dog traifer on North Avenue in Villa Park. Years later, Portillo's is a national brand—indeed, a brand that is nearly synonymous with the iconic Chicago hot dog—with 47 locations in Illinois, Indiana and California. Portillo Restaurant Group is now the largest privately owned restaurant company in the Midwest, with over 4,000 employees.19 Cleveland: Chris Hodgson was inspired to bring affordable gourmet food to Clevefand when he visited taco trucks in New York City. His first food truck, Dim and Den Sum,was so successful that he launched a second truck—Hodge Podge—which received nationwide fame when it finished second in the Food Network's hit show, The Great Food Truck Race. Chris partnered with a restaurateur to open Hodges restaurant in downtown Cleveland, and it now employs about 50 people.20 Seattle: In 2007, Chef Josh Henderson started serving classic American food, but with a gourmet twist, out of an Airstream trailer called Skillet. Skillet quickly became popular, in large part because of the delicious bacon jam in its gourmet burgers. In 2011,Josh opened up the Skillet Diner in the Capitol Hill neighborhood,and his business now includes catering and selling its bacon jam through re�ailers all over the country. He now employs almost 100 people.Zl Washington, D.C.: Mike Lenard brought Korean fusion-style tacos to the nation's capital in August 2010 when he opened Takorean using a remodeled 1985 Ford step-van. Mike has now opened a perrnanent location at D.C.'s Union Market,serving up the same menu that made his truck so successful.Takorean was honored to be named one of Washingtonian Magazine's best food trucks in summer 2012, and the magazine recently billed the new Union Market location as one of 11 new restaurants its readers should visit.ZZ Mike currently employs nine people, and has imminent plans to hire five more employees if his sales continue their upward trend.23 3 MYTH #2: Trucks have an "unfair" advantage over restaurants because of their mobilit�l. REALITY: It is true that food trucks' mobility allows them to serve customers in different parts of a city, but any advantage that this provides is offset by the many disadvantages � of being a mobile operation. These disadvantages include: • Food trucks do not have a fixed location,which is a source of business goodwill and stability for restaurants.24 After all, it is easier to build a customer base when the customer can always be sure where the business is located. But food trucks have no guarantee that they will be able to find a parking location that is both available and convenient for their customers.Zs • Food trucks—unlike restaurants,which can offer climate-controlled dining roorns to their customers—are completely at the mercy of the weather. If it is raining,snowing or extremely hot, people will be far less inclined to stand in line at a food truck. Instead,they will go to a place where they can eat inside.26 Many trucks even take a hiatus during the winter because of the weather.27 Ice and snow�present dangerous conditions, and spending hours each day in freezing temperatures can significantly affect their most valuable asset— their truck.28 • Food trucks cannot offer seating and table service for their customers. • Food trucks have extremely small kitchens that can hold far less inventory than restaurant kitchens;this means that food trucks can sell less food and must have a smaller menu. Additionally, preparing food in a small,cramp9d food-truck kitchen is more difficult than preparing food in a larger restaurant kitchen. • Food trucks cannot serve as many customers during the day as can an average restaurant. For example, once a food truck finds a parking space, it can take 30 minutes for set-up, and a similar amount of time to clean and pack up after the meal service is over.30 This means that a truck that parks in a space with a two-hour parking limit only has around an hour to serve customers. That's less than half the time that a restaurant can generally allot to lunch service, and less than a quarter of the time that a restaurant can generally allot to dinner service 31 • Food trucks, unlike restaurants, can, and often do, break down. Until repairs are made, the truck cannot serve customers, employees miss out on their shifts and the food in the commissary refrigerator may spoil.3Z • A liquor license is a big moneymaker for restaurants,33 but food trucks are usually unable to obtain that license under local and state laws because they do not meet the requirement of having a fixed location,3a 4 In a free-market system,there really are no "unfair" advantages between business models because all are free to be used by anyone. Even if a food truck's mobility could create an "unfair" advantage over restaurants,the many disadvantages described above swamp that one small advantage. MYTH #3: Trucks have an "unfair" advantage over restaurants because they are not subject to the same set of costs. REALITY: Restaurants generally do have higher costs than food trucks (e.g., buying or leasing restaurant space), but their return for paying all of those costs is getting the benefit of a fixed lacation and thus avoiding the many disadvantages that food trucks have. Furthermore,food trucks are in fact subject to many of the same costs that restaurants face. For . example, food-truck owners must purchase liability insurance and pay license and permit fees.3s Like other small business owners,truck owners must pay sales taxes, income taxes and payroll taxes.36 They must spend money to pay and train new employees, to purchase inventory and to market their business.37 Restaurants must either pay property taxes or rent, and the same is true for food trucks: Most cities require that food trucks associate with a commissary in which they can park and clean their truck, store their inventory and partial{y prepare their food.38 This rneans that food-truck owners must(in addition to paying taxes on their vehicle) either pay property taxes or rent on the commissary space. There are other costs that food trucks have to pay that restaurants do not. For example,food-truck owners must spend money to purchase their trucks. A brand-new truck can cost anywhere from $75,000 to$300,000; a used truck can cost between$15,000 and $99,000.39 Owners must spend additional funds to outfit their trucks and maintain them. Truck owners must also pay for the costs of fuel (between $250 and $500 a month),40 propane, parking, rental fees or building costs for a commissary or commercial kitchen, 41 as well as fees required to park in food-truck lots and to participate in festivals and other community events.42 Finally,trucks that operate within more than one jurisdiction must pay for permits and fees within each of those jurisdictions.43 In short,food trucks forgo the higher costs of operating a restaurant by forgoing all of the advantages that owning a restaurant provides. Food trucks are nonetheless subject to a whole host of costs,some of which restaurants do not have to pay. MYTH #4: Food trucks have an "unfair" advantage over restaurants because operating a. food truck is easy. REALITY:Just like running a restaurant, running a food truck is extremely hard work. Ignoring all of the disadvantages and costs of the food-truck business model, many people still believe that, in the real world, running a food truck—unlike running a restaurant—is an easy way to make a lot of money. Try telling that to Miley Holmes,who runs the Easy Slider food truck in Dallas. 5 She explains that"[t]he biggest misconception about this business is that it's a way to get rich quick. Margins are tight, space is limited, and the market is unpredictable. So the reality is that you are never going to make a fortune from running a food truck." Holmes describes workdays that begin at 9 a.m. and stretch to 3 a.m.: "People forget that we've been prepping for hours before our doors open," Holmes said, "and we spend hours cleaning after we're closed. And we do it all two or three times a day, sometimes 14 or 15 days in a row!" Furthermore, "[t)here is no such thing as time off, just time off the truck. We're constantly emailing, making phone calls or sourcing product.��44 Holmes' 18-hour workdays are not atypical. Even for operators who do a single meal service per day, the typical workday can range between 17 to 20 hours.45 And make no mistake,the work is hard. Indeed, many people who experience running both restaurants and food trucks believe that running the latter is at least as difficult—or more difficult—than running the former: I • Celebrity Chef Ludo Lefevre has been a successful chef at some of Los Angeles' best restaurants and in 2010 he opened his critically acclaimed LudoTruck,which serves "impossibly juicy... fried chicken [that] is pretty close to the godhead," according to one famous critic.46 Ludo is undoubtedly well-positioned to compare the difficulty of running a restaurant with that of running a food truck. As he points out, much of the work is the same: "People don't realize [that a food truck] is like a restaurant. You need to rent a commissary kitchen, hire a staff, and prep the staff. It's the same headache of a restaurant. It's not easy." And he notes at least one way in which running a food truck is more difficult: "At the restaurant,you have a big walk-in; you can always go and get some more vegetables." But with a food truck, "Sometimes our commissary kitchen is far away, and sometimes we're going to run out of food. There's nothing we can do.i47 • Luke Holden started his Luke's Lobsters restaurant in New York City in 2009, and he opened three more brick-and-mortar locations before launching his food truck, Mobile Nauti, which topped Zagat's ratings of New York's food trucks for two consecutive years. For Holden, it's clear that his food truck is "more difficulfi to manage"than his restaurants. He says that his truck"has been more of an outreach tool than a cash-flow tool. There are a lot of inherent struggles that come with operating a truck. You can't determine what the weather will do or parking issues, It's a difficult business to build stability in, and if you can't build stability in, it's harder to staff.i48 • David Schillace owns New York's Mexicue restaurant, with two brick-and-mortar locations and a food truck. Based on his experience, "Hands down, bricks-and-mortar is easier." He explains, "Running three or four trucks,th�n working sixteen hours a day,is a nightmare. And it's still not going to make you rich. He notes that finances are a lot less predictable and stable with food trucks because people tend to order more food at a restaurant than at a food truck.a9 In sum, running a food truck is hardly an easy job. Indeed, given all of the difficulties encountered by food-truck owners, it isn't surprising that many of them want to transition from the food-truck business model to the more stable restaurant business model,where issues such as the weather and inventory limitations are no longer constant obstacles.so 6 MYTH #5; Food trucks are unsanitary "roach coaches." � REALITY: According to the available evidence,food trucks are generally just as clean and sanitary as restaurants. Just like restaurants,food trucks are subjected to health inspections on a regular basis. It is often the case that food-truck operators are inspected more frequently than their brick-and-mortar counterparts.sl Indeed, for a forthcoming report,the Institute for Justice reviewed health . department sanitation grades in Los Angeles from May 2009 through May 2012 and found that, on average, the food trucks in tha#city are just as clean and sanitary as restaurants. MYTH #6: Food trucks cause harmful sidewalk congestion. REALITY: No evidence supports the assertion that food trucks cause harmful sidewalk congestion. Although critics of food trucks complain that they cause harmful sidewalk congestion, there is no evidence to support that claim. To test it, the Institute for Justice collected original data in Washington, D.C. Researchers measured foot traffic and congestion in locations where food trucks , were present on several different days, in different locations, and during the busy hours surrounding lunch. They found that the presence of a food truck did not drastically increase foot traffic on the sidewalk. In fact,the average time it took a pedestrian to travel the block varied by only one second when a food truck was added.SZ Furthermore, the researchers documented a phenomenon that is common to anyone who has seen a food truck in action: Customers spontaneously form a single-file line alongside the edge of a sidewalk so that other pedestrians have plenty of room to pass by. Because it is in the interest of the food trucks to maintain positive relationships with neighboring businesses and the community, food-truck owners and operators en�ourage their customers to keep their lines orderly. The Food Truck Association of Metropolitan Washington has formalized this practice by adopting a code of conduct in which they have pledged to "mak[e] regular announcements reminding customers in line to keep the sidewalk and any building entrances clear so as not to impede public access. And, of course, cities can pass a law, like Los Angeles has done,that instructs food trucks not to operate in a manner "which will interfere with or obstruct the free passage of pedestrians or vehicles along any such street,sidewalk or parkway."sa MYTH #7: Food trucks create a special trash problem because their customers are especially prone to littering. REALITY: Food-truck customers are not especially prone to littering, and food-truck operators act responsibly to ensure that trash is properly disposed. � Food trucks'customers—just like the customers of fast-food restaurants and people who eat their packed lunch outdoors—have the potential to generate litter after consuming their food, but there is no evidence that food-truck customers are more likely to litter 55 Food trucks are generally required by municipal laws to carry a trash receptacle for their customers' use or to pick up any ' litter near the truck.56 Moreover,food-truck operators often go beyond the requirements of the ,I law to ensure that they leave the areas in which they operate cleaner then how they found them.57 � Conduseon Food trucks do not have an "unfair"advantage over restaurants. The restaurant business model is more favorable than the food-truck business model in several ways, and food trucks actually help the local restaurant industry. There is no basis for the argument that restaurants need government intervention to protect them from food trucks. (And, as several federal courts have recognized, regulation for the sake of inere economic protectionism is constitutionally impermi5sible.58} Nor is there any basis for the notions that food trucks pose some special threat to public health and safety. Instead of creating public policy based on these myths, elected officials should allow food trucks to operate freely within their cities,subject only to reasonable health and safety regulations. Doing so is good for the local entrepreneurs, the local economy and the local communify. For guidance in creating a good legal framework for food trucks,see the Institute for Justice's most recent legislative report,Food Truck Freedom:How to Build Better Food Truck Laws in Your C� For more on the benefits provided by food trucks and other street vendors,check out the Institute's 2011 report,Streets of Dreams•How Cities Can Create Economic Opportunitv bv Knockina Down Protectionist Barriers to Street Vend�. Both of these reports are available at www.ii.or�/vendin�. s Endnotes 1 Bert Gall is a senior attorney at the institute for Justice. He directs IJ's National Street Vending Initiative,a nationwide effort to vindicate the right of street vendors to earn an honest living by fighting unconstitutional vending restrictions in courts of law and court of public opinion. Lancee Kurcab serves as the Institute forJustice's outreach coordinator.Through her outreach efforts and grassroots organizing,she helps entrepreneurs fight for their right to earn an honest living free from protectionist regulation. Z Norman, E.,Frommer,R.,Gall., B. &Knepper, L. (2011).Streets of Dreams:How Cities Can Create Economic Opportunity by Knocking Down Protectionist Barriers to Street Vending. Retrieved November 8, 2012 from http //www ii or�/ima�es/pdf folderleconomic libertv/atl vendin�/streetsofdreams webfinal.�df. 3 Common reasons restaurants fail include not having a clear strategy,lack of flexibility,location,lack of capital, lack of knowledge and poor communication with consumers.Parsa, H.G.,SeIf,1., Njite, D.&King,T. (August 2005). Why Restaurants Fail.Cornell Hotel and RestaurantAdministration Quarterly,46(3J,304-322. 4 About Los Angeles Food Trucks.Roaming Hunger, Retrieved October 31,2012 from http•//roamin�hunger.com/la; (2011,September 11).Zagat Celebrates 25 Years in Los Angeles;2,027 Restaurants Surveyed by 11,166 Locai Diners,Zagatcom, Retrieved October 26,2012 from http•//www zagat com/node/3695295. 5 Gaar, B. (2012,September 15).Food trailers bloom into key piece of Austin`s economy. Austin-American Statesman, Retrieved October 26,2012 from http•//www statesman com/news/business/food-trailers-bloom-into- kev-piece-of-austins-econ/nSLPx/. 6 Letter from Pittsburgh restaurateurs to Pittsburgh City Council,October 10,2012. �Gaar, 2012. $Dietrichson,M.(2012,September 19).Houston food truck ordinance taken to City Council. Houston Tomorrow, Retrieved October 26,2012 from htt�i/www houstontomorrow or�/livabilitv/storv/houston-food-truck- o rd i n a n ce-ta ke n-to-citv-co u n ci IL 9 Harris,G.(2012,October 11).Brick-and-Mortar Restaurants Shoufd"Embrace"Food Trucks.Nevada News and Views, Retrieved October 26,2012 from http•//nevadanewsandviews.com/archives/17195. 10 Kettles,G.(2004).Regulating Vending in the Sidewalk Commons. Temple Law Review, 77(1),31-32. ''1 How My Restaurant Launched a Food Truck.NFIB, Retrieved October 31,2012 from http //www nfib com/business resources/business-resources-item?crosid=60625. lZ Harris,2012. 13 Batz,lr., B.&Parrish, M.(2012,October 4). New website,talks, law keep Pittsburgh's food truck scene moving forward.Pittsburgh Post-Gazette, Retrieved October 26,2012 from http://www.post- � r�•� �r ai ,.,oh��+p_ratks-law-keeo-pittsburshs-food-truck-scene-movin�-forward- gazeLie com�s�vrie��ncii��u,��= 656055/#ixzz2AJrL5R51. la Rosalez,S.(2012,September 7).What the Truck supports local youth programs. The Rapidian, Retrieved October 31, 2012 from http//therapidian or�lwhat-truck-supports-lacal-vouth-pro�rams. 9 I �I 's Clark,E. (2012,July 11). Hell on Wheels:Why Food Truck Owners Are Increasingly Turning to Brick-and-Mortar Shops.New York Magazine, Retrieved October 26,2012 from http•//newvork�rubstreet.com/2012/07/food- trucks turn to stores-for-convenience-reliabilitv.html. 16 Lynch,L. (2012,June 29). Michael Rypka of Torchy's Tacos taiks Expansion and Secret Menu. Texas Monthly Magazine, Retrieved October 2,2012 from http•//www texasmonthlv com/blogs/eatmvwords/?p=7678;Gaar, B. (2012,September 15).Food trailers bloom into key piece of Austin's economy. Austin-American Statesman, Retrieved October 26,2012 from ntt "www statesman com/news/business/food-trailers-bloom-into-kev-piece- of-austins-econ/nSLPx/. 17 Tilak,V. How to be a New England Vegetarian in the winter. The Boston 6/obe, Retrieved November 9,2012 from http //www bostonglobe com/magazine/2012/11/03/how-new-en�land-vegetarian- winte r/�5tsi4eafXirW3vwCaJk4N/storv.html. 18(2012,February 2).How They Work:Clover Food Lab. Wistiq, Retrieved October 31,2012 from http //wistia com/blo�/how-thev-work-clover-food-lab/. 19 History: From Modest Beginnings To The Midwest's Largest Privately Owned Restaurant Group. The Portilfo Restaurant Group,Retrieved October 29,2012 from http•//www.portillos.com/historv/. 20 Goodman,V.(2012,April 20),Hodges Downtown offers some of the food trucks'playful fare. WKSU News, Retrieved October 15,2012 from http•//www wksu or�/news/stoN/31324. Zi Evolved Cuisine.Skillet, Retrieved October 2,2012 from http�//skilletstreetfood.com/companv.php. 22 Spiegel,A.(2012,October 10).22 New(or Newly Improved) Places to Eat and Drink This Fall. Washingtonian Magazine, Retrieved October 29,2012 from https•//www washingtonian com/blo�s/bestbites/food-restaurant- news/22 new or newlv improved places-to-eat-and-drink-this-fal�•php;Washingtonian Staff.(2012,July 5). Best of Washington Z012:Best Meals on Wheels. Washington�an Magazme, Retrieved October 29,2012 from http //www washm�tonian com/articles best of/best-of-washin�ton-2012-best-meals-on-wheels/index.php. 23 Interview with Mike Lenard,owner of Torchy's Tacos, Novernber 5,2012. z4 Courtis,J.(1983).Business Goodwill:Conceptual Clarification Via Accounting,Legal and Etymological Perspectives. TheAccounting HistoriansJournal, 10(2J,1-38. This article reviews what attributes lead to business goodwill;location is prominent among those attributes. 25 Clark,2012. Z6 Clark,2012. 27 Myrick. R.(2012,October 9). Prepping Your Food Truck for Winter Storage. Mobile-Cuisine.com. Retrieved November 9,2012 from http//mobile cuisine com/under-the-hood/food-truck-storase-tips . Z$Myrick, R.(2011,December 15).Winter Food Truck Safety Tips.Mobile-Cuisine.com, Retrieved October 26,2012 from http/imobile cuisine com/under-the-hood/winter-food-truck-safetv-tips/;Myrick, R.(2012j.Running a Food Truck for Dummies.P.216. 10 r Z9 Trattner, D.(2011,September 28).Along for the Ride. Cleve/and Scene Magazine, Retrieved October Z6,2012 from n�t "www clevescene com/cleveland/alon�-for-the-ride/Content?oid=2737264. 3o Gall, B.and Frommer,R.(November 2012). Food Truck Freedom: How to Build Better Food Truck Laws in Your City. P.18,from www.il.org/vending. 31 Fine,G.(1990).Organizational time:Temporal Demands and the Experience of Work in Restaurant Kitchens. Social Forces,69(1J,98-99.The author notes that general lunch and dinner hours are between 11 a.m.-2:30 p.m. for lunch,and 5 p.m.-12 a.m.for dinner. 3Z Weber, D.(2012).The Food Truck Handbook:Start,Grow, and Succeed in the Mobile Food Business.P.14;Clark, 2012. 33 O'Toole, M.(2010,September 20).Path to Liquor License Often Bumpy. New Vork Times, Retrieved October 26, 2012 from htt //eastvillage thelocal nytimes com/2010/09/30/path-to-liquor-license-often-bumpv . 3a Food trucks cannot obtain liquor licenses in most jurisdictions,and the handful of jurisdictions in which trucks can obtain a liquor license have only granted them to trucks or carts that operate in a single location and are able to provide a defined outdoor dining area.See,e.g.,Collins,G. (2011,June 9).What's Always Been Missing in Food Trucks:Alcohol.The New York Times,Retrieved October 31, 2012 from http //diners�ournal blo�s nvtimes com/2011/06/09/what-vouve-alwavs-wanted-in-a-food-truck-booze/; Rayle,5. (2012,April 23).Cartlandia—Portland's food carts gain a year-round(�quor license. Exam►ner, Retrieved October 31,Z012 from http//www examiner com/article/cartlandia-portland-s-food-carts-sain-a-vear-round-liquor- license. 35 Gall and Frommer,2012. 36 A helpful coilection of links to state government websites detailing the tax obligations of small businesses can be found on the website of the U.S.Small business administration at http•//www sba�ov/content/learn-about-vour- state-and-local-tax-obliQations. information on the federal tax obligations of employers can be found in the IRS Empioyer's Tax Guide at http//www irs gov/uac/Publication-15%28Circular-E%29,-Empiover%27s-Tax-Guide. 37 Myrick, 2012. 3a Gall and Frommer,2012,p.26. 39 Myrick,2012, p.32-33. 40 Myrick, 2012, p.217. _ ai Weber,2012, p.100. 4Z According to Matthew Geller,CEO of the Southern California Mobile Food Vendor's Association,"Most events charge 10%which drastically eats into[food trucks'] margins. Lots can cost$25 to$200 just for the privilege of serving hungry customers:' Interview with Matthew Geller,November 8,2012. a3 According to Matthew Geller,CEO of the Southern California Mobile Food Vendor's Association,"Many food trucks have multipie business licenses and health permits. in cities like Los Angeles,many of the trucks must obtain multiple city permi#s in order to serve the demand around Los Angeles County. Most trucks in the area have eight business licenses with an average cost of$250. Many trucks also serve multiple counties. Each county �i requires a county health permit. Many trucks have two or three health permits with an average cost of$750 each."Interview with Matthew Geller,November S,2012. `w'Danieis, L. (2012,June 4). Dreaming of Starting a Food Truck?First Read This,Then Figure Out Your Goal. Dallas Observer, Retrieved November 8,2012 from http //bloss dallasobserver com/citvofate/2012/06/dreamin� of starting a food tr.php. as Ciover Food Truck 101. CloverFoodLab.com, Retrieved October 26,2012 from y 10-11• http //www cloverfoodlab com/wp content/uploads/2011/06/Food-Truck-101.pdf; M rick,2012, p. , Interview with Jon Goree,co-owner of Seoul Food,October 20,2012. 46 Gold,1.(2010, February 26).99 Things to Eat in L.A. Before You Die. tA Weekly, Retrieved October 26,2012 from http //www laweeklv com/2010 02 26/eat drink/99 thin�s-to-eat-in-I-a-before-Vou-die/10/%20mo%20chica . 47 Oches,S. (2012,October).Pedal to the Medal. QSR Magazine, Retrieved October 26,2012 from , http //�vww asrma�azine com/executive-interviews/peda{-metal?page=2&microsite=575. �� 48 ' S. 2012 March 1 .Food Trucks' Rocky Roads to Success.Fox 8usiness, Retrieved October 26,2012 from II Zionts, ( , ? http //smallbusiness foxbusiness com/entrepreneurs/2012/03/01/food-trucks-rockv-roads-to-success . 49 Clark, 2012. so Moore,G.(2012,August 17). Free lunch in the Financial District?Not at these food trucks. Boston Business Journal, Retrieved October 26,2012 from nitp 1�• "•'biziournals com/boston/blo�/bottom line/2012/08/food- truck-re�ulations.html?pase=all. sl Norman, Frommer,Gall and Knepper,2011,p.32;Armour,S.(2012,May 9).Gourmet Food Trucks Fight Inspectors' Perceptions. Bloomberg Businessweek, Retrieved October 26,2012 from http //www businessweek com/news/2012-05-09/�ourmet-food-trucks-fisht-inspectors-perceptions#p1;(2012, July 19).Food Trucks lnspected for Safety," WBNS-10N,Retrieved October 26,2012 from http //www 10tv com/content/stories/2012/07/19/columbus-food-trucks-inspected-for-safetv.html. Sz Norman, Frommer,Gall and Knepper,2011,p.32. s3 Food Truck Association of Metropolitan Washington/D.C. Food Truck Association,Food Truck Code of Conduct, Retrieved October 18,2012 from http //www�oo�le com/uri?sa t&rct-i&q-&esrc-s&source=web&cd=1&cad=ria&ved=0CB44FiAA&url=http%3A% 2F%ZFwww dcfoodtrucks ors%2Fdl%2FDCFTA Application pdf&ei-1FmBU17iG6fCOQGDqoCQBA&us� AFQiCNFLCc fia82QmZe kfmpbbZU U7aQ&si�2=nSORSaCeFNXFRaRwVMhmVA. 54 See L.A.City Code§56.08(c). ss Hermosillo,J.(2012). Loncheras:A look at the stationary food trucks of Los Angeles. Masters Thesis, Los Angeles: University of California. P.8.Although police and city officials complained that loncheras increased litter,this is "contradicted by the reputation many seem to enjoy among their neighbors for maintaining their areas clean:' s6 Gall and Frommer,2012,p.21. 57 The Southern California Mobile Food Vendor's Association takes it upon itself to pay for street cleanup after First Fridays and other community events in which food trucks participate. Interview with Attorney Jeffrey D.Dermer, 12 r counsei for the Southern California Mobile Food Vendor's Association,November 6,2012. The Food Truck Association of Metropolitan Washington requires members to"keep the area around[their]vehicle clean and � remove all trash at the end of[their]service period,leaving the location cleaner than when [they]arrived." Food Truck Association of Metropolitan Washington/D.C. Food Truck Association, Food Truck Code of Conduct, I Retrieved October 18,2012 from http //www�oo�le com/url?sa-t&rct-i&q-&esrc=s&source=web&cd=1&cad=ria&ved=0CB4QFiAA&url=htt %3A% 2F%2Fwww dcfoodtrucks or�%2Fdl%2FDCFTA Application pdf&e�=1FmBUJ7iG6fCOQGOqoCQBA&us�=AFQICNFLCc fiq82QmZe kfmpbbZU U7qQ&si�2=nSORSaCeFNXFRaRwVMhmVA. 5S See,e.g.,Merrifield v.Lockyer,547 F.3d 978,991 (9th Cir.2008)(striking down regulatory regime because it "was designed to favor economically certain constituents at the expense of others similarly situated,such as Merrifield"); Craigmiles v.Giles,312 F.3d 220,229(6th Cir.2002)(invalidating a rule permitting only funeral directors to sell caskets because it was a naked attempt to raise a fortress protecting the monopoly rents that funeral directors extract from consumers");see also St.Joseph Abbey v. Castille,-F.3d-, No.11-30756, 2012 U.S. App. LEXIS 22060,at*4(5th Cir.Oct. 23,2012) ([N]either precedent nor broader principles suggest that mere economic protectionism of a pet industry is a legitimate government purpose....") 13 , . � CITY OF BLOOMINGTON MINNESOTA Date: November 1, 2013 To: Mayor, City Council and City Manager From: Larry Lee, Community Development Director i Regarding: Differences between food trucks and catering vehicles FOOD CATERING TRUCK(OR TRAILER) This box truck is a typical truck used by a licensed � 1AAD7'�f�'sFA food establishment to cater food events, in private or I ='-=-��.�=-�=� � <'`.: public settings—inside or outdoors. It is essentially , ---=__- ; :�<$` a truck used to deliver containeis of food, food �.1, �a.r � �'�, holding and serving equipment, tables, chairs, " ��' � �� _- '� °� �� -%� utensils, etc. The food for catering events is prepared � .:a� �_ - at the food establisl�ment and then set out buffet '� - �r X style or plated for the guest of the event onsite. The caterer is paid by the iudividual ordering the food. —____...,_y__._ _ �. ,��:, — � r �,�.� � � _ ,.. - �. . , _ , . -��= � � _ . � �� }� ._-- � �'-I Another type of catering truck is oiie where � ti, !� ` �, the box of the vehicle has been modif ed with � �� ` �� wartning and cold holding units built into the ��-_�'�'�'� sides of the truck box like the red truck below � ��'� � and the pans of food are transported in the �� '�.;� compartments. This is still a catering truck � f � � ��' :�' � 'I �. �� l P F`� ,� � -+ � � '� �� because of how it is used to transport food that r.. F� ` �� r�� s'v �,¢�,r has been ordered by the customer from the `� � � �,�' ` ` �:�=�.'�-~ - ., %"� ` restaurant for an event. ;� " 8 �f��l�i��,,, �l:fs%;- � � 1��111�;,ij':• , ;� `� ��f_` ,��.�� r��J�7��-'� ; Food is not prepared in or sold or seived from ''' �� `�'�+� � '�;� this t e of vehicle. Therefore the caterin ti•uck f� � „� , �'� , �. >� YP g ,;,,a�� s � �� '��: does not meet the definition of a"restaurant" in ' -._ .�.. � _ _ �„ - o� ��• - - the 131oomington Zoning Ordinance. ��--= o(� �. � ei . s T . .,,��'y s '` COMMUNITY DEVELOPMENT DEPARTMENT 1800 W.OLD $HAKOPEE ROAD,B�oonniNCTOrv MN 55431-3027 AN AFFIRMATIVE ACTION/EOUAL PH 952-563-8709 FAX 952-563-8949 TTY 952-563-8740 OPPORTUNITIES EMPLOYER 2 FOOD(SERVICE)T'RUCIC-CAN BE A TRA[LER THA'C IS PULLED ALSO Food trucks ai•e diffei•ent fi•om catei•ing t�ucks in use and opei•ation. Food is ordered by an individual (an employee of a business oi• someone on the street), tl�en prepared/cooked within the t1•ucic and sold fi•om the truck. The vehicles are modified to be a restaurant on wheels (with water• and waste tanks for hand and utensil washing; cold holding, cooking and exhaust equipment, etc.). Food ttucics fall under the definition of"restaurant"within tlie Bloomington Zoning Ordinance and are therefore allowed only when meeting various standards applicable to restaurants (such as minimum floor area, exterior finishes and number of off-street parking spaces, plus all the State Food Code r•equirerlients for a licensed food establishnlent) and, in most zoning districts, after receiving a Conditional Use Perrnit. Based on State laws and City policy, food trucks, stands and carts in conjunction with special events that are present for less than 21 days ai•e not considered restaw�ants. (photographs of Minueapolis food trucks) � ��'a :.;- �aI �_, . -.;�'.,��c� �,.. ��IIT'��I P Iti�i�11:11U�ta�.,,�..._� --� _�,� ,.F' �._. ;�t� . � 7 - �-�f;/ F� t r�"� .r. �� - � �, i � � � .��. i � �� F�i�U � �� :'i �.�. ( , . j +�.. � :•_ s `_. � � t t7• � 7 � J � +� �(��;^� 'j � ;1 � �� J�� .� '�� =� � ��'��4�� - , �� ,�? n , ,�� .'�.�, � i;A i�i � ,j,� "�' .ig �=�'j � ` ` 1��, ��(� a.4 uFSix..��SI - /1'.�� a _ �� . � . + ,:��`,�� .t�� I i��: � .yJ+ ,� : _ � ` ' � c,�J ;� � �,b i r 5`� j � � ��; �,��:� .�_ �� <_ �� ,`� _ �< :�-°�.�<>; =, . . H'� � � �, � . • . .. � .. . '�... �� . _ },_.ixl�J .. �'�� . 2 �.'SL�� , ti�' ; � � �- � � ��. ^�;-� . � .1.�x, �. �� "�,`•-t` �?� - ;y �� s.Rf.rt.'..�� ..;�,i . . �A � '�� \� � '�7. � pfJ[lOYA� '-'� S d •�" � � � , , �`_� r� .+ T/r�� 'A ` T �.r;ti+{Ji�LC71� �n� ; �.• -�� { ,I, .. i �, �}t� ' �tsEa' ; P k�zv�t�. - . � � �f S -� �' $t6f 8 ror� "] p'�! :�' �' `�j' - /��' ''` K iz�n � � dit, �� . . py"� _ P �N&Y� .��PC p5 CY - .". � �yp•.' � � Fav 3 ---- � • �� yµT4� � .:ag�► a y�� ' �:: � ,� � ��. � .� �� ,.,x .. � �� 3� _ , - s� ; � i , .� ., : ;,; ) _ 4 _. , f � �A��= � �:3 z"...=,y ��" : ` " L 's ..-�� r I - a �� '�i, " . i[\ i�" F'.��::� �; I` � , � , , .-� ��'��i t �• � � j; � ��r ` .. - �` x?�j�l�f� �SS .�1�� ` � ��i� . x . ,. <t .if. . . . � r'' u J . � . . _ . >. � ..i. . ., �:�:-� . ,� 1 �S1 . . � r l5� ., . ��1;,. � — .tt . . . �ai .. ,�.��J... . . � A+ � �-1' -----�---'�T �� L,,X�,��h . x.'Sl)p��l.;i ;1 ��'� � z , u � � i,� ----' " zA''. �' � � � l �'Kf �'��"� ��'��t �� : � '%� �� '-� _ �, r,q � � E`i,i. re i� �� f � ,tr^�� " � �-'�'� l.� + --.dllUt.i7� � � � � � ��.. s> r �, � `•�:;� ,i - .� —��„� a. � , , k.�� '=� _ � ,. � � .' t..�• _ _ '� � - ,��, �:. ��t _ _ ___ . _ '" � 3 SPrc[a[,E��r.��oon 5�d�aNVs ��Y� 6 °";�� `�f'f�� These stands are allowed only at community/special �'. `;�.;��. ;, � '� ' `- r'� �� , events and are limited by state statute to the length of � �� ;�� '': ' , ��„�;� ,��: ; t ;,, � •,. ' time they may operate. These are exempt from zoning �I ��'�' code pt•ovisions for restaurants when part of a R)�•, �`� � coinmunity/special event like Summer Fete, Heritage ,,�y x . � Days or the Bloomington t�armets' Market. �� 'Ya� �=; .. ` �i � � . . . _ dy �}--�� ,..�s. _ roon caRTs ��'� , - ��-_ ..�� ,�•�. � ....,��Y�`�'� Food carts are common in high pedistrian areas and "� �:r � �`-��. � skyways where the cart is pushed by the vendor from the ::�. }_��.:`� -: commissary where the cai•t is stored when not in use. In ,,, tl .� - � � _._ '� � Bloomington, food carts are allowed only at special ' ,, I ui �� ,� events. } __ . �=--'✓ ,:��a . ,-z � rt�k. PACI{AG�D FOOD/VENDING TRUCKS � "`�'� These type of trucks operate essentially as vending f �i machines selling cotntnei•cially prepared packaged foods ��; €'�tr_ �--°�;°'j !' :. to employees at work sites or businesses. Selling ��,�� prepackaged food out of a vending truck to the public is ��''„'�''" � considered a transient merchant sale, allowed only in ;,,� � ` ' , d r _ ' conjunction with special events. A vending truck can " ` -� also function as a delivery vehicle. I � � �<i ,:;,,�; j `:�r �, � _ � I ; _ � i � ��;- �. - �. _ .;;., � . �a�� . . BUSINESS CArETERIA Essentially a restaurant for employees built inside a place of business serving employees, their guests and in soine cases the public.