ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.”•



ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. 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

ADVERTISEMENT