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Cathy Merrill Williams, the president  and publisher of Washingtonian Magazine, Tweeted on Tuesday February 14: @merrillwilliams:  Food trucks can really hurt our city. Good reporting from the Blade: http://bit.ly/zZ1LOo
  
Un-Fair Streets DC: Please take two minutes to send your food truck comments to DCRA
 
Food trucks are becoming a vibrant contributor to the food scene in Washington, DC. We love the added vitality that food trucks bring to the DC dining scene. While food trucks may be a good thing, they need to become a part of the business community in a responsible and fair way.
 
DCRA's recently released proposed regulations for mobile vending does not address any negative impacts of these new businesses on neighborhoods.
 
Your voice needs to be heard to ensure fair management of sidewalks and streets - just as you have to get a license and permits for your sidewalk cafes, so should food trucks be assigned specific spaces with a license.
There has got to be a better way.
 
Tell DCRA they need to go back to the drawing board on these regulations, go at the task with a bit of common sense and a sense of FAIRNESS and listen to all sides of the issue.
 
Please go to fairstreetsdc.org TODAY to send your comments to DCRA to take back the streets and make them fair for all.
     

 
Food Trucks In Other Cities
 
February 8, 2012
 
Below are interesting pieces from other cities. The article from Austin is particularly interesting in that, even with restrictions against trucks in CBDs and elsewhere, they were looking to have over 1,600 trucks by the end of 2011. Austin is a little bigger than DC but not by much, so the continued and growing popularity of the trucks says a lot about sensible public space management not hampering their business.
 
CURRENT FOOD TRUCK VENDING REGULATIONS
 
Baltimore

1.)  No food truck vending is allowed within the "downtown area," meaning Martin Luther King Jr. Boulevard on the west, Centre Street on the North, Fallsway on the east, and Pratt St. on the south.

2.) In addition there is no Food Truck Vending around the stadiums.

3.) In a residential area No Street vendor of food products may stand or park his or her vehicle: 1) for more than 15 minutes at a given location; or 2) within 300 feet of any location at which the vehicle stood or parked during the preceding 48 hours.

4.) On school days from 7 a.m. to 5 p.m., no street vendor of food products may stand or park her or his vehicle within 500 feet of the grounds of any building used as a public or private kindergarten, elementary school, or secondary school.  

5.) No street vendor may park a motor vehicle for the purpose of selling any food product meant for immediate consumption with 300 feet of any retail business establishment that sells similar food products.

 
San Francisco

2. Protest or Denial of Permit; DPW Administrative Hearing; Permit Appeals.

a. Any person or persons who feel that their interests or property or that of the general public will be adversely affected by the issuance, denial, or conditioning of the MFF Permit at its intended location may protest the proposed issuance or denial of said permit or permit conditions by writing to the Director within thirty (30) calendar days from the date listed on the Notice of Intent. Upon receipt of any such written protest during the term of the appeal period, the Director will schedule a public hearing to

hear all persons interested in the tentative permit decision. If there are multiple protests for a single location or protests for multiple locations, then the Director shall strive to consolidate all protests at a single hearing.

i. Not less than ten (10) days prior to the date of a Departmental hearing, the Director shall cause to be published a notice of such hearing in the official newspaper of the City and County of San Francisco. The Director shall maintain a file of the names and addresses of all persons wishing to receive notice by mail of any application filed pursuant to this Article and of all persons previously notified of the proposed application. The cost of publishing said notice and any additional mailed notice shall be borne by the

MFF Permit applicant if the cost exceeds the notification fee set forth in Section F.1

of this Order. The Notice shall contain the following information: the name and business address of the applicant, the product or products to be sold, the location(s) of the proposed sales activity(ies), the days and hours of operation, and whether the application is for a new permit, for a change of an existing permit, or for an addition of a new location(s).

b. At the hearing, the Director, or his or her designee acting as an Administrative Hearing Officer, may consider the following:

i. Whether the applicant's proposed operation is located within 300 feet of an established business which sells the same type of food product, merchandise or similar service as proposed by said applicant, or of any location previously established and currently being operated by a MFF selling the same type of food

product, or other merchandise or similar service as proposed by said applicant.

ii. For the purposes of determining a proposed MFF impact upon existing businesses, the Hearing Officer may consider the type of food offered by the existing business and the type of food proposed to be offered by the MFF applicant.

If the foods are “like” then the Hearing Officer may recommend disapproval or conditional approval of the MFF permit application. Such conditions may include, but are not limited to, relocation of the proposed MFF a sufficient distance from the existing business or existing MFF to avoid conflict arising from sale of "like food".

iii. “Like Food” shall take into consideration the ethnicity of the food and the composition of each menu, as well as other issues the Hearing Officer deems appropriate to determine whether a conflict of "like food" exists . As an example, a coffee cart should not significantly affect a traditional diner just because it also

offers coffee on its menu, while a hot dog cart could adversely affect a restaurant that specializes in sausage sandwiches.

iv. The number of MFF on the same block or adjacent blocks.

v. Other information deemed relevant to the determination of whether the proposed location is appropriate.

3. Upon conducting the hearing, an Administrative Hearing Officer shall make a recommendation concerning the proposed permit to the Director, who in his or her discretion, may disapprove, approve, or conditionally approve the proposed permit.

4. The Director's decision is appealable to the Board of Appeals within fifteen (15) days of the Director's decision.

5. The Director may issue a MFF Permit within 14 days of the date of the Notice of Intent if no hearing is requested pursuant to this Article, if he or she finds:

a. That the operation, as proposed by the applicant, would comply with all applicable laws, including but not limited to, the provisions of this Article and the San Francisco Municipal Code.

b. That the applicant has not made any false, misleading or fraudulent statements of facts in the permit application or any other document required by the Director, Director of Public Health or Fire Marshal in conjunction therewith.

If it’s not clear from the above, one must be approved for a specific locations and there are protections for brick and mortar stores, something not sought by RAMW.

 
Austin

As discussed, Austin does not allow food trucks on public space at all! Here is a link that describes vending approval process in Austin:

 
 


 
Restaurant Association Metropolitan Washington Position on Mobile Vending
 
January 20, 2012
 
"RAMW is all for expanding food options and legalizing food trucks. Restaurant outdoor dining necessitates 18 different reviews prior to obtaining a public space license, there does appear to be a disparity between such a lengthy regulatory process and using public space almost at will," Lynne Breaux wrote during a chat last week with Washington Post Going Out Gurus and also picked up by DCist .
 
The 18 different reviews required prior to obtaining a public space license are:
 
PEPCO                                   ADVISORY NEIGHBORHOOD COMMISSION 
VERIZON                                Water and Sewage Authority/ Paving
DDOT Inspections Unit          DDOT Policy, Planning & Sustainability Administration
Fire Department                     DDOT Infrastructure Project Management Administration
DC Office of Planning            Washington Metropolitan Area Transit Authority
Fine Arts Commission           Americans with Disabilities Act Compliance         
DCRA Fire                              DDOT Urban Forestry Administration
Department of Health             DC Office of Tax and Revenue 
 
Washington Gas                    Historic Preservation Review    
 

 
 
RAMW supports mobile vending trucks as a method of doing business in the District of Columbia. RAMW, which is itself made up mostly of independent restaurant operators, recognizes the value of trucks as an incubator of new food service concepts, that food trucks present opportunities for budding entrepreneurs, and that trucks generate excitement among many consumers. RAMW’s enthusiasm is tempered, however, by the grossly uneven playing field inherent in the current licensing and regulation of food trucks and “brick and mortar” restaurants. RAMW supports legislative and/or regulatory changes that will:
 
Require Sales Tax Collection By Mobile Vendors: Food trucks enjoy a price advantage of 10%, as they are not required to collect and pay retail sales tax. The loss of tax dollars to the District is significant.
 
Establish Specific Sites For Licensed Mobile Vendors:  Currently, trucks operate anywhere they find a spot without any review, whatsoever, concerning their impact on foot and/or vehicular traffic and public safety. In contrast, a proposed sidewalk café at a restaurant, also on public space, is referred to 18 different agencies and organizations for review and comment. Likewise, valet parking operations, also on public space, are also subject to review to determine their impact on use of the public space. The law which authorizes vending on public space, requires that vendors be licensed for a specific site. Adherence to this statutory requirement in any regulations will allow for proper management of public space.
 
Assess Appropriate Fees For Use Of Public Space By Mobile Vendors:  Restaurateurs pay public space rental fees for their sidewalk cafes and rental/licensing fees for their valet parking operations, including the maximum parking meter fees attributable to the spots used for valet. Food truck vendors pay nothing for use of public space, even though all aspects of their businesses are located there.
 
Require Mobile Vendors To Contribute To The Community Efforts And Costs To Keep Our Streets And Parks Clean:
 
          I.       Brick and mortar restaurants are responsible for the disposal of all waste and garbage generated by their business operations, they contribute to BID fees (whether directly or through their fees to their landlord) and are required to recycle.  Food truck patrons deposit trash and garbage in public waste receptacles, which are frequently maintained by the BIDs. We are advised that the BIDs haul away several trucks full of garbage above what they would have typically hauled before the proliferation of food trucks. The result is that brick and mortar restaurants, and other businesses, actually pay the expenses of removal of trash and garbage generated by food trucks through their payments of BID fees.
 
        II.         Particular areas, such as Farragut Square, attract multiple trucks during weekday lunch hours. It is not uncommon to see a dozen or more trucks parked around Farragut Square on a nice day. With that many trucks selling food in disposable wrapping the park’s trash containers quickly become full and the BID’s personnel become overwhelmed with removal. Because of the sheer volume and the delays in removal that this situation creates, roaches are becoming a problem where they never had been before. There is the very real fear that rats are not far behind.
 
Ensure That Mobile Vending Is A Safe Dining Option: As of November 2011, the DC Department of Health website listed approximately 80 mobile vendors. With few exceptions, these vendors are identified by an individual’s name rather than their d/b/a (i.e., doing business as). This makes it difficult, if not impossible, for the public to check the food safety record of mobile vendors. However, even if the trucks were identifiable in this list, there are very few routine inspection reports posted as of this writing.

 


 


Petition to Support Fair & Transparent Food Truck Laws in DC
 
Survivability for small businesses, particularly restaurants, is especially hard in DC (we’re dead last in the nation!). Unless you’re a food truck…no sales taxes and little to no regulation.  This uneven playing field makes it hard on everyone, including your customers.  It is time we all are heard on this issue.
 
If interested, please sign this petition in support of fair and transparent food truck laws in DC. RAMW Member Pierre Abushacra from Firehook Bakery & Coffeehouse initiated the petition to help support neighborhood brick and mortar businesses. (January 7, 2011)
 

 

 


 

Proposed Vending Regulations
 
WASHINGTON, DC (October 12, 2010) The District of Columbia Department of Consumer and Regulatory Affairs (DCRA) has released proposed vending regulations “governing vendor operations, the designation of sidewalk and roadway vending locations, public markets, vending development zones, street photography, and solicitation from the public space.” See full text of the proposed regulations here
RAMW supports vending as a business opportunity and a complement to the burgeoning DC culinary scene. The positives of making vending opportunities more widely available must, however, be balanced against the needs and interests of DC’s “brick and mortar” businesses in general and restaurants in particular.

RAMW has a number of reservations about the proposed regulations outlined in a comment letter  to DCRA. Of particular interest is the designation of vending locations and their potential proximity to restaurant storefronts and/or sidewalk cafes.

Please make sure to comment! 
 

 

 
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