Thread: CA: Taco truck operators speak out

Tulare County taco truck operators speak outBoard of Supervisors delays action after a crowd opposes restrictions.By Erik Lacayo / The Fresno Bee12/11/07 23:15:24
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VISALIA -- About 100 taco truck operators and their supporters packed the Tulare County Board of Supervisors chambers Tuesday to oppose restrictions that many believe would drive them out of business.

For now, taco trucks will continue to sell food without limits on where and for how long they can operate after supervisors decided to postpone a vote on the proposed regulations.

County officials, who have been receiving complaints from restaurant owners about taco trucks for years, said Tuesday was the first time they have received input from these taco vendors -- most of whom only speak Spanish.

"They said they were very impressed you all showed up," Stockton attorney David LeBeouf told the crowd of people after the meeting. "I think they understand what they have is bad law."

LeBeouf, known as the "taco truck lawyer," said he is representing about 40 Tulare County mobile food vendors.

LeBeouf told supervisors the proposed ordinance violates state law, in part by restricting the sale of items on public property.

"They have the perception you want to throw them out of business," LeBeouf told supervisors.

Under proposed regulations, the county's estimated 320 mobile food vendors would be required to apply for business licenses, have restricted hours of operation, would only be allowed to sell food in one location for one hour at a time and must be at least 1,000 feet away from a restaurant.

"I think it's not fair," said Diego Lua, who operates taco trucks in Orosi and Sultana. "We would be history."

Lua said he contacted LeBeouf after being referred by a friend in Stockton who is part of an alliance of taco truck owners.

LeBeouf said he has helped write fair taco truck ordinances in Stockton, Salinas, Sacramento and Lodi. He offered county officials his assistance "to write good law."

The conflict between taco trucks and restaurant owners -- some complain taco trucks are taking their customers while not having to pay property taxes and other overhead costs -- is not unique to Tulare County.

"It's the same issue in every city and county," he said.

LeBeouf said case law shows that Tulare County's proposed ordinance would unlawfully stifle free trade.

County Counsel Kathleen Bales-Lange said past cases on the issue are open to different legal interpretations. Many concerns expressed Tuesday seem practical and can be worked out, she said.

"Obviously we would not have brought an ordinance before the board that we thought would violate state and federal law," she said.

Board Chairman Allen Ishida said he is looking forward to working with mobile food vendors on the proposed rules. Working with an association makes communication easier, he said, rather than trying to contact individual vendors.

"Now we have a representative and a group we could enter in discussions with," he said.

Ishida said he expects more talks on the issue to occur early next year.

Lua said he was encouraged after Tuesday's meeting, "We feel good because at least they listened to us."

LeBeouf said Tulare County mobile food vendors are interested in forming an association similar to one in Stockton. The association is similar to a union, he said, where members pay dues.

The association members would try to police themselves so vendors are not scrutinized by local law enforcement and code enforcers, he said.

Taco trucks have become issues for cities and counties during the past several years in part because of a lack of understanding about a rising Hispanic population, LeBeouf said.

"These taco wagons are now a part of our culture," he said. "They found a niche."
The reporter can be reached at elacayo@fresnobee.com or(559) 622-2421.

http://www.fresnobee.com/local/sv/story/261022.html

Ever wonder how many are illegal aliens/catering to illegal aliens? I see it frequently around here.And of course they are trying to cry racism instead of accepting the fact that they should be regulated like other food vendors; another case of bend the law for me!

http://www.kmph.com/Global/category.asp ... enu612_2_6

Do taco trucks need a health inspection certificate like restaurants do? If they don’t I’d ask why not.

Under proposed regulations, the county's estimated 320 mobile food vendors would be required to apply for business licenses, have restricted hours of operation, would only be allowed to sell food in one location for one hour at a time and must be at least 1,000 feet away from a restaurant.








Well, while I agree with most of it, I must admit that the part about vendors only being able to do business for one hour at a time at one location is taking things a bit too far and not very reasonable.

Quite honestly, to me it does sound like a blatant effort to put these vendors out of business and I know that some will say that if they are IAs then they should be put out of business. True that, but what will put an IA taco vendor out of business will just as easily put an American hot dog vendor out of business as well.

They might find they have better success if they remove that one restriction because, except for that, it will be hard for the opposition to argue against business licenses, hours of operation, and other things which apply to all business owners.

How many free lance vendors pay state,federal,local, tax?

Do they pay local property taxes to clean up the litter left from the meal?

If they cannot speak english how do they abide by health dept regulations?

Are they screened for TB etc. as are food handlers at stores.

Is it fair to have a vendor park close to your restaurant all day?

The restaurant pays rent, utilities , workmans comp, and property tax as well as Federal and State payroll taxes. Money stays in the area and some of the local property tax burden is taken off the homeowners.

In most areas the trucks are not owner operated but by someone taking
advantage of illegal alien labor.

If the lawyer is representing 35 trucks you can bet its not 35 different clients.

each truck should have a biz license, health certificate for the food handler, food safety and equipment inspection, and the operators valid
state drivers license.

Third world mentality and practices clash with our customs, norms and safety and health regulations. There should be no question that these disgusting mobile food vendors have to be inspected, regulated, certified, taxed etc. just like any other concessionaires anywhere.

Originally Posted by jimpasz

How many free lance vendors pay state,federal,local, tax?

Do they pay local property taxes to clean up the litter left from the meal?

If they cannot speak english how do they abide by health dept regulations?

Are they screened for TB etc. as are food handlers at stores.

Is it fair to have a vendor park close to your restaurant all day?

The restaurant pays rent, utilities , workmans comp, and property tax as well as Federal and State payroll taxes. Money stays in the area and some of the local property tax burden is taken off the homeowners.

In most areas the trucks are not owner operated but by someone taking
advantage of illegal alien labor.

If the lawyer is representing 35 trucks you can bet its not 35 different clients.

each truck should have a biz license, health certificate for the food handler, food safety and equipment inspection, and the operators valid
state drivers license.

The list above is exactly why street vendors need to be licensed and monitored and it always shocks me to read where a locale is proposing new ordinances to deal with them.

I was under the impression that almost all places have had ordinances in place to deal with this for a very long time, they had to submit to inspections, health screenings, etc. Maybe it's because I always recall seeing business licenses and health dept. certificates posted on hot dog carts and in ice cream trucks other places I've lived but I find it unbelievable that some areas would not have had these requirements before now.

No question this ordinance is badly needed but I still think they will have better luck and avoid a legal challenge if they remove that one hour restriction. Besides, why give IAs another opportunity to sue in order to stop a government from enacting and enforcing laws? Each time they do,and win, it only makes them bolder and reinforces their grand notions that they are untouchable.

They shouldn't need it really, the other requirements should be enough to make the majority of them close up shop on their own and move on to the next money making scheme and weed them out from the vendors who keep clean facilities and play by the rules.