Food trucks may be allowed in Asheville if a UDO amendment passes a second reading next month. Councilman Bill Russell was unable to reach a compromise that would get the 2/3 majority vote that would allow persons itching to start making money to set up shop in about a week.
A crowd showed for the public hearing. Opponents of lifting the twenty-year-old ban argued the food trucks would tarnish the Asheville brand. The TDA and established restaurateurs worked hard to create an Asheville brand that was not compatible with poor slobs eating tacos on the sidewalk. It was feared the poor slobs would strew their trash about and attract vermin.
Mayor Bellamy was the most outspoken on behalf of the restaurateurs. Jan Davis acknowledged there were many who worked fifteen-hour days, could not attend the public hearing, but made their wishes known via email.
The mayor thought it was outrageous to charge street vendors only $104 to license a truck and $104 to set up premises when bricks-and-mortar proprietors were paying $200,000 a year in property taxes. City Attorney Bob Oast cautioned general statutes require fees charged to be commensurate with cost recovery for services rendered. Bellamy also wanted to go higher on the penalties for violators of the ordinance, but she was told $500 per incident plus a Class III misdemeanor was as high as was statutorily allowed.
Council went on and on, as they often do, about numbers. Some vendors wanted to be able to help drunks get some solid food in their stomachs. Some sought late-night life. Others did not want to hear generators all night. Council finally agreed to ban food truck generators in the central business district and require all food trucks to close shop at 2:00 am.
Bellamy also wanted to require food trucks to be no older than twelve years. It mirrored similar restrictions imposed on her husband, who runs a limousine service. She was told the law was designed to protect patron passengers, and Jan Davis suggested the older models would likely be better suited for business.
Staff will look into why food trucks, governed by the NC DMV, can have 100-gallon propane tanks, whereas fire codes restrict restaurants to 25-gallons.
One girl told how city staff had made an error in telling her she could have a food truck, and then she received a call saying she was in violation of city ordinances.
Personally, I wanted to remind council that we had an obesity crisis and ask them to require underwear inspections of operators. Anybody wearing anything larger than a size 8 surely has no need of sustenance, and they should be allowed to starve until they reach a weight council wants. What other regulations can you think of to put on these entrepreneurs?