The Standard-Examiner reported Thursday on an interesting development on the Ogden City Council regulatory front. Here's the lede:
OGDEN — The Ogden City Council will take a wait-and-see approach when it comes to deciding whether to loosen restrictions on the newly allowed mobile food trucks in downtown Ogden.Here's the full Mitch Shaw story:
On Tuesday, the council voted to approve an ordinance that allows mobile food trucks to operate in commercial areas throughout Ogden, and most notably, the Central Business District, which is considered the area between 20th and 27th streets between Adams Avenue and the Union Pacific Railroad tracks.
Prior to the ordinance being passed, food trucks were allowed only in manufacturing zones.
And here's the agenda item from Tuesday's Special City Council Meeting calender:
6. Reports from the Planning Commission:We've also linked the full council packet, for those who require the full nitty-gritty (scroll to page 32):
b. Mobile Food Trucks. Proposed Ordinance 2014-34 amending Section 15-2 of the Ogden City Code to define and provide uniform standards for mobile food trucks, and to allow mobile food trucks to operate in certain zones. (Accept public input; adopt/not adopt ordinance)
Mr. Shaw refers to the Council's Tuesday action as one characterized as a "wait-and-see approach," which is probably entirely accurate, in view of a line of recent federal court decisions which seem to lean toward a fast-developing rule of federal constitutional law providing that "the economic protection of a discrete interest group [existing 'brick and mortar' restauraunts in this instance] does not constitute a legitimate state interest under 'rational basis' [federal constitutional] review":
As an added bonus, we'll link a couple of robust Institute for Justice informational pamphlets, providing a broad overview and guidance, concerning the direction which U.S. Food Truck and Street Vendor Regulation seems to be moving, within the current multi-jurisdictional American landscape:
- Food Truck Freedom - How to Build Better Food -Truck Laws in Your City
- Streets of Dreams - How Cities Can Create Economic Opportunity by By Knocking Down Protectionist Barriers to Street Vending
Yep, folks, the Council has adopted a cautious "wait and see" approach, alright. They'll no doubt be hunkering down to find out whether any aggrieved Food Truck vendor eventually files a lawsuit, we suspect.
We'll also point out that our sympathies lie with our existing "brick and mortar" Ogden restaurateur entrepreneurs, who are the real investors in our community.
We'll also point out that our sympathies lie with our existing "brick and mortar" Ogden restaurateur entrepreneurs, who are the real investors in our community.
So what say out Gentle Readers about all this?