A Hungry Industry on Rolling Regulations: A Look at Food Truck Regulations in Cities Across the United States

Maine Law Review Volume 65 Number 2 Colloquium: Local Food || Global Food: Do We Have What It Takes to Reinvent the U.S. Food System? Article 16 January 2013 A Hungry Industry on Rolling Regulations: A Look at Food Truck Regulations in Cities Across the United States Crystal T. Williams Follow this and additional works at: https://digitalcommons.mainelaw.maine.edu/mlr Part of the Food and Drug Law Commons Recommended Citation Crystal T. Williams, A Hungry Industry on Rolling Regulations: A Look at Food Truck Regulations in Cities Across the United States, 65 Me. L. Rev. 705 (2013). Available at: https://digitalcommons.mainelaw.maine.edu/mlr/vol65/iss2/16 This Essay is brought to you for free and open access by the Journals at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Maine Law Review by an authorized editor of University of Maine School of Law Digital Commons. For more information, please contact . A HUNGRY INDUSTRY ON ROLLING REGULATIONS: A LOOK AT FOOD TRUCK REGULATIONS IN CITIES ACROSS THE UNITED STATES Crystal T. Williams, Esq. I. II. III. ABSTRACT INTRODUCTION REGULATIONS GOVERNING THE FOOD TRUCK INDUSTRY A. Some Cities Have Stringent Regulations That were Originally Intended to Regulate Ice Cream Trucks B. Some Cities are Only Lightly Regulated with Few Regulations in Place for Mobile Food Vendors C. Some Cities Are Experiencing Great Change in Their Regulations to Accommodate Mobile Food Units D. Some Cities have Written Clear and Specific Ordinances Regulating Contemporary Food Trucks CONCLUSION 706 MAINE LAW REVIEW [Vol. 65:2 A HUNGRY INDUSTRY ON ROLLING REGULATIONS: A LOOK AT FOOD TRUCK REGULATIONS IN CITIES ACROSS THE UNITED STATES Crystal T. Williams, Esq.** ABSTRACT Although street vending has always been a part of the American food economy, in recent years modern food trucks have become a dining trend that is sweeping the country. With the booming popularity of food trucks, cities across the country are serving up various ways to regulate the growing number of vendors selling convenient and creative meals to patrons from mobile food units, commonly known as food trucks. Food trucks are regulated by local government agencies, which take a wide range of approaches. For example, in thirty-four of the nation’s largest cities, entire neighborhoods are off-limits to vendors, often including the most desirable commercial districts. Nineteen cities allow mobile vendors to stay in one spot for only short periods of time, forcing them to spend resources moving rather than selling. Five cities prevent vendors from stopping at all unless flagged by a customer, making it difficult to connect with buyers. Despite the wide range of regulations, food trucks have become highly popular and financially successful, offering a wide variety of food options to consumers. This Essay will analyze the different types of regulations, from strict to lenient to in-transition, that govern food trucks in localities across the United States. More specifically, it will look at cities with stringent regulations, such as Chicago, Illinois, and Dallas, Texas; cities with only a few regulations, such as Indianapolis, Indiana, and Philadelphia, Pennsylvania; cities undergoing change, such as Washington, D.C., and Jersey City, New Jersey; and cities with food-truck-specific regulations, such as Portland, Oregon, and Los Angeles, California. City leaders are discovering that regulating this industry involves many competing interests. The challenges lie in balancing those interests with the need to regulate food safety and traffic safety—without creating too many roadblocks to this new and popular food industry. I. INTRODUCTION Street vending likely conjures up visions of hot dog carts, ice cream trucks, * Crystal T. Williams is an associate attorney at Barnes & Thornburg, LLP, in Indianapolis, Indiana. Williams concentrates her practice in general litigation, with a focus of food law. Williams has experience advising clients in food labeling disputes (e.g. health, nutrient content and structure/function claims, allergens, Nutrition Facts, and menu labeling) and food advertising strategy (e.g. weight management, advertisements geared toward children, competitive advertisements). Williams also has experience advising clients in the food truck industry (as well as restaurants and food servicers looking to get into the food truck industry) to help them navigate the applicable local and city-specific ordinances that govern food truck dimensions, construction, licenses, permitting, food preparation, and parking. 2013] A HUNGRY INDUSTRY ON ROLLING REGULATIONS 707 and roasted peanut vendors, which have been a part of the American food scene for generations. A new mobile food trend has appeared in recent years: food trucks. From Los Angeles, California, to St. Paul, Minnesota, to Boston, Massachusetts, food trucks are rolling up to the curb, reaching consumers looking for convenient and creative meals. Even television shows such as “Eat Street” and “The Great Food Truck Race” have highlighted the thriving businesses. Food trucks developed from the larger industry of street vending, including hot dog vendors and merchandise sellers. Historically, street vending has been a fixture of urban life, providing economic opportunities for many small businesses, especially immigrants and people with little income.1 In fact, even today, 95% of New York City street vendors are immigrants, each supporting an average of four or five people domestically and in their homelands.2 Street vending is a growing industry with over 760,000 street vending businesses operating in the United States in 2007, earning revenues over $40 billion.3 A food truck is a mobile, miniature commercial kitchen that must meet the same state sanitation requirements as a brick-and-mortar restaurant, as well as be in compliance with additional local ordinances.4 The combination of low start-up costs, the ability to prepare food while mobile, and the utilization of social media has contributed to food truck success. The estimated cost to start a food truck is significantly less than the estimated amount of capital necessary to launch a restaurant.5 By taking advantage of the relatively low costs, food trucks are able to sell inexpensive, yet creative foods. Furthermore, they have gained momentum through social media, announcing their current locations via Facebook and Twitter. Thus, the mobile food industry has become hip and innovative, with many upscale options. Food truck operation is not an endeavor limited to small-business owners and entrepreneurs. Established restaurants have pursued food trucks as a way to market new menu items, fundraise for organizations, or bring convenient lunches to consumers.6 Food trucks offer opportunities for food vendors of all shapes and 1. Robert Frommer, et al., Streets of Dreams: How Cities Can Create Economic Opportunity By Knocking Down Pr (...truncated)