The Food Trucks Propose a Law (UPDATED)

28 Oct

The following document was filed with the Common Council today. It represents the law the food trucks would like to see enacted to regulate their business in the city of Buffalo.

UPDATE: The document I posted below was missing a page from the proposed bill. Here is the entire document: 


Note that they are adamantly against – and will oppose – any distance restriction beyond a 100′ from an open kitchen, or 500′ from a festival.  Apart from that, no additional restrictions are proposed. The definition of a food truck is clarified to exclude hot dog vendors and trailers, and the statute is rather succinct in requiring a license, health inspections by the county, and the aforementioned radius from brick & mortar restaurants. That’s it.

The ball’s now in the Common Council’s court. This proposal was filed so that the Council could consider it at its November 1st meeting.


One Response to “The Food Trucks Propose a Law (UPDATED)”

  1. RaChaCha October 27, 2011 at 7:25 pm #

    I’m not an attorney, so don’t know a habeus from a corpus, but I see a potential problem in 316-51(C), regarding proximity to a licensed food establishment: “this requirement may be waived if an application is submitted together with the written consent of the proprietor of the adjacent licensed food establishment” [emphasis mine]. Assuming applications are for vending licenses lasting for a year, this provision would seem to preclude adding any such consent arrangement during the license term.

    Given that a hallmark of food trucks is their mobility and flexibility, and that a year is a long time, it seems there should be provisions for establishing new consent arrangements quickly, or even on a temporary basis (say, if a food truck and an enlightened B&M restaurant want to team up for a cross-promotion or special event).

    Also, on allowing exceptions to the proximity restrictions respecting City-permitted festivals and events: as reasonable and civic-minded as I’ve found all the MFVVs to be, allowing exceptions solely on the basis of obtaining a permit from the City, without also permission (or even any form of consultation) from the City-permitted entity operating the festival or event seems like a recipe for setting up potential conflicts and misunderstandings. If we want the legislation to be renewed (and even improved) after the one-year sunset, it will help if things are relatively conflict-free during next summer’s festival season.

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