Salt Lake's taco-cart rules unfair?
Hispanic group sees signs of discrimination
By Jared Page and Deborah Bulkeley
Deseret Morning News
Published: November 28, 2007

Changes in the way sidewalk vendors are allowed to operate in Salt Lake City could be seen as discriminatory, according to a Utah Hispanic nonprofit organization.

Centro Civico Mexicano is taking issue with amendments to city code unanimously passed by the Salt Lake City Council on Sept. 4 that place additional requirements on sidewalk vendors — specifically as they pertain to taco carts.

The amendments stemmed from complaints about smells, messes and locations of food-vending carts that property owners said negatively affect their businesses.

Under the amended ordinance, sidewalk vendors now must submit to a criminal background check, secure signed bathroom agreements with a neighboring business and provide written notice of intent to surrounding businesses and property owners before being issued a business license.

Some of the amendments, such as cleaning up spills and picking up litter, went into effect when the ordinance was passed. Those that pertain to business licenses take effect Jan. 1. All operators of sidewalk vending carts are required to renew their permits for 2008.

In a press release issued by Centro Civico Mexicano, spokesman John Renteria says the amendments "unjustly target and harm (taco vendors') unique commerce type." The statement also questions whether sidewalk vendors were given proper notice of the amendments and the public hearing that preceded them.

Renteria said he recently met with about a dozen street vendors, and many of them were not aware of the new requirements. A public hearing was held during the City Council's Sept. 4 meeting, but no street vendors spoke.

"The hearing took place without notice to the vendors," Renteria said. "The only intended application is at the expense of a vibrant and thriving micro-business. ... We were left in the dark."

That concerns Josie Valdez, administrator of the Mayor's Office of Diversity.

"None of the vendors were there to give testimony, and they were not included in the formation of the ordinances," Valdez said. "It's always been my opinion that those people who are affected (by an ordinance) should have some input."

Nancy Saxton, who represents the downtown area on the City Council, said it's the city's policy to notify all licensed vending-cart operators about an ordinance change.

"Unless there's someone who wasn't licensed, they should have been notified," she said.

Saxton said she received several complaints from business owners about sidewalk food-vending operations, including garbage and food spills not being cleaned up, reports of property damage and public urination and defecation by vendors and their patrons.

"These places would be open in many cases 12 hours or more," she said. "You can imagine that with employees as well as patrons, (bathroom access) was an issue and a concern. For them to go in and use the local businesses' (bathrooms) became problematic."

Saxton said the amendments to the ordinance are not meant to target a specific group of vendors but rather to address complaints and bring city code in line with state law and Salt Lake Valley Heath Department regulations.

Renteria said he and vendors plan to meet soon with city officials in an effort to get the ordinance repealed, delayed or have existing businesses grandfathered in. The amended ordinance, he said, seems focused primarily on "making it prohibitive to do business in the city."

City officials conducted a training session about the new rules and regulations Tuesday and have another one planned for 6 p.m. Dec. 4 at the Pete Suazo Business Center, 960 W. 1700 South. The training is conducted in both English and Spanish.

"I happen to think some of the requirements are onerous," Valdez said, "but they're now the law. We need to help (vendors) understand them. We also want to help them understand how to get involved and try to change some of those things."

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