Saturday, August 16, 2014

Standard-Examiner: Ogden Council Approves (Loosened) Food Truck Restrictions

Yep, folks, the Council has adopted a cautious "wait and see" approach -- They'll be hunkering down to find out whether any aggrieved Food Truck vendor eventually files a lawsuit.

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.
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.
Here's the full Mitch Shaw story:
And here's the agenda item from Tuesday's Special City Council Meeting calender:
6. Reports from the Planning Commission:
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)
We've also linked the full council packet, for those who require the full nitty-gritty (scroll to page 32):
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:
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.

So what say out Gentle Readers about all this?


Johnny B. said...

This is only my opinion but these food trucks have a cost advantage over the "brick & mortar" places. I say make them buy a permit and make it expensive enough it puts them on a level playing ground. Then let the best person win.

Bob Becker said...

Generally, they serve different customers. If someone's out for a dinner at Roosters or Sonora Grill, he's not likely to shift to a stand-up street-side burger or taco from a truck instead. Simlkarly, if he's looking for a taco on a park bench, sit-down service at Sonora Grill or Roosters isn't a likely alternative.

With respect to developing law, a complete "historic district" ban is, I think, more likely to survive judicial scrutiny than any "so many feet away" ordinance..

blackrulon said...

While 25th street is wonderfl it is not historicaly accurate. There are no bawdy houses, opium dens or gambling extablishments surviving.

Bob Becker said...

True. That crowd moved to Capitol Hill in Salt Lake.

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