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Regulations are few, but food trucks do have laws and codes to meet

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Take a food truck to Chicago and you may be required to attach a GPS tracking device to it. Maneuver afood truck through New York and be prepared to possibly limit drink sizes to 16 ounces.

Park a food truck in Indianapolis and enjoy being able to do business in an environment of few regulations. The labor laws and health codes that govern restaurants apply to food trucks, but owners do not have to worry about extra requirements like tracking systems and operating only in specific zones.

Indeed, the lack of regulations is credited with helping to foster the growth of the industry in Indiana’s capital city from essentially one truck in 2010 to 47 trucks and counting today. To sustain the comparatively cart blanche atmosphere, a loose coalition of food truck and some brick-and-mortar restaurant owners are trying to work together to avoid the kinds of disputes that could inspire city hall to cook up a new ordinance.
 

il-food-truck05-15col.jpg Crystal Williams (IL Photo/ Perry Reichanadter)

“Restaurateurs are not by nature people who ask for more regulation,” said John Livengood, president of the Indiana Restaurant Association.

Crystal Williams, an associate at Barnes & Thornburg LLP, has become familiar with

the differing regulations as part of her work assisting national restaurant chains that are expanding into the food truck sector. She emphasized these established eateries cannot arrive in a city, flip open their truck, and start serving food. Rather they have to adjust their operations to comply with the unique codes of each community.

For example, Chicago does not allow food trucks to cook on board or park within 200 feet of a restaurant. However, Indianapolis permits food trucks to station themselves in any valid parking space and cook on board but prohibits the sale of food on public property between 10 p.m. and 6 a.m.

The patchwork of requirements can be confusing and frustrating, but Williams does not expect a call for national regulations regarding food trucks. Each city, she said, knows what it needs and fashions its ordinances accordingly.

A business is a business

When he sketched out his business plan for his food truck, Matt Kornmeyer, owner of the Scratchtruck, admitted he planned for failure. He thought he would need at least 40 customers at lunch each day to survive, but he now averages between 70 and 100 customers and is three years ahead of his revenue targets.

“I still don’t get it,” Kornmeyer said of the popularity of food trucks. “I’m right in the middle of it, and sometimes I sit and shake my head and say, ‘Look at all the people.’”

That kind of success is spurring the growth of food trucks across the United States and luring chain restaurants like Chick-fil-A, Subway and Taco Bell to put trucks on the street.

“I think it’s becoming a new way we are consuming food,” Williams said. “I think it is becoming a middle ground between a large, fancy restaurant and fast food.”

However, Williams cautioned against the assumption that success in the food truck industry comes easy. Owners have to be aware of not only the regulations specific to mobile vendors but also of the laws and requirements, like local employment laws and intellectual property safeguards, that apply to any business operation.

“It’s still a business,” she said. “You still have employees, and employees have rights you have to abide by.”

Williams recommended that anyone thinking about launching a food truck business should first consult an attorney. This will help avert such situations as entrepreneurs investing in an operation and then discovering later that city ordinances prohibit them from selling the food they want to offer or in the places they want to be.

food truck factbox

She emphasized that individuals entering the food truck business must also be knowledgeable about local sanitation regulations. They must be sure that the kitchens used to prepare the food and the kitchen spaces on the vehicles meet the codes.

Matt Frey, who opened Bub’s Burgers & Ice Cream with his wife in 2003, is a brick-and-mortar restaurateur branching into food trucks.

Frey echoed Williams by pointing out that the health codes set for food trucks are very similar to a restaurant. As in his establishment, his truck has to have things like a hot water heater, wastewater tank, hand washing sink, and he has to adhere to the same food safety requirements.

The truck has made catering easier since all the equipment to properly store and prepare the menu is on board, he said. Cooking in the vehicle is a more s

anitary and safer way to cater, plus he is able to prepare a burger that customers tell him tastes exactly like those he serves in his restaurant.

“I think it’s a real clever idea,” Frey said of food trucks.

Wheels v. bricks

Mayor Greg Ballard’s administration has so far taken a hands-off approach to regulating mobile food vendors. The administration favors educating food truck operators, code enforcement officials, and others about the rules already on the books rather than implementing special regulations, said Marc Lotter, spokesman for the mayor.

Food trucks are doing a good job in terms of communicating with each other and working off best practices, Lotter said.

Kornmeyer, who launched the Scratchtruck about 13 months ago, believes the city will enact food truck regulations at some point. To provide a blueprint for any future ordinance and to prevent any, in his word, “crazy” regulations like not being allowed to park within a thousand feet of a restaurant, he has organized the Indianapolis Food Truck Alliance, an informal coalition of truck operators who have developed a code of conduct.

One provision in this code bars food trucks from parking within 100 feet of brick-and-mortar restaurants.

The Indiana Restaurant Association occasionally fields complaints from brick-and-mortar establishment owners about food trucks, Livengood said. And usually the issue is a mobile unit parked right outside their doors.

“I hope the food trucks that did this will understand it’s not in their interest to pick a fight,” he said, noting if a war breaks out between restaurants and mobile vendors, city government will likely side with the restaurants.

Kornmeyer puts his Scratchtruck on the street Tuesday through Saturday and alerts his customers to the location via social media.

He advocates maintaining a cordial relationship with downtown restaurants yet, at the same time, he chafes against their concerns. He said his food establishment offers only food and personality, and if restaurants are worried about him taking away their business, he continued, they should look at their menus instead of trying to hamper the food trucks.

Moreover, he questioned why regulations are penalizing food trucks for changing the game. No one ever prohibited consumers from downloading a book in front of a bookstore, he said, yet restrictions are being written to protect a “dinosaur industry.”

Frey’s restaurant has locations in Carmel and Bloomington. He agreed with Kornmeyer that brick-and-mortar entrepreneurs have to adjust to changing times, but he does get irked by food trucks’ nomad existence, noting restaurants have invested in real estate and pay property taxes as well as utilities.

Also like Kornmeyer, Frey would rather restaurants and food trucks develop the rules of operation themselves. Cooperation between competitors is possible and will stunt any need for government involvement.

“In my book, there’s always a solution,” Frey said. “You just have to be willing to negotiate and compromise.”•



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  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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