NEW YORK—On Sunday, 16 food trucks set up shop near Grand Army Plaza in Brooklyn at a monthly event hosted by the Prospect Park Alliance, which aims to bring good food to park-goers while giving trucks a hassle-free space to sell their dishes.
Food trucks are trying to find their place in the city, as traditional “brick and mortar” restaurants complain that trucks are siphoning off customers. To add to the food truck woes, the NYPD recently begin enforcing a long-forgotten law from 1965 that prohibits vehicles from using metered parking spaces to sell merchandise.
On May 24, the New York State Supreme Court ruled that food is considered merchandise and, thus, subject to the law. With this precedent set, the NYPD has begun telling food trucks to leave their customary stations in Midtown Manhattan. Although the law applies citywide, Midtown is a particular point of enforcement, given the high concentration of trucks serving lunch to long lines of hungry workers.
David Weber, president of the New York City Food Truck Association (NYCFTA), was one of the vendors at Prospect Park on Sunday with his Rickshaw Dumpling truck. He disagrees with the ruling and says food cannot be considered merchandise for a couple of reasons. Firstly, it is prepared on the spot, which adds a more service-oriented aspect to the mobile business. Secondly, a prepared dish of food is not something that can be both bought and sold.
Weber has been negotiating with city officials to establish a compromise for the future of food trucks in the city. “It’s extremely complicated,” he said. “You have so many stakeholders: the truck owners, restaurant owners, New Yorkers who enjoy the food trucks, city planners. … There’s so much history. These vending rules have been on the books for 150 years, and they’re slowly changing.”
Weber also pointed out that several city agencies are involved: The Department of Transportation, the Department of Health, and the NYPD all have a role in food truck legislation.
When hot dogs, ice cream, and nuts were the only street-side food vendors, they naturally spread out to avoid competition, explained Weber. Now that you can buy anything from lobster to dumplings from a truck, vendors tend to clump together, creating a sort of roadside food court. This has been one of the most contentious issues.
Weber suggests following the lead of other cities to find a solution. In Los Angeles, food trucks must be 30 feet from each other. In Philadelphia, food truck permits are issued by neighborhood, which allows city planners to make sure that an appropriate commercial balance is maintained in the neighborhood. In other cities, establishing private food truck lots has worked.
NYCFTA recently established its first food truck lot in Long Island City and is looking to establish more in Manhattan. In the meantime, it is cooperating with police, who Weber says have been gracious by only giving warnings and very few summonses.
By nature, food truck business is relatively flexible. Some trucks have started to rely more on locations outside Midtown for revenue, but the less diversified trucks are having trouble making ends meet.
“I’m just going to do my best. I’m a little ‘mom-and-pop’ on wheels,” said Kim Ima, owner of the Treats Truck. She chose eight locations over her four years in business and has built a strong relationship with her customers in those areas. Her mainstays were in Midtown.
Ima said she has always been conscious of finding a neighborhood she fits in with, including the way her business interacts with the businesses already in place.
Food trucks are trying to find their place in the city, as traditional “brick and mortar” restaurants complain that trucks are siphoning off customers. To add to the food truck woes, the NYPD recently begin enforcing a long-forgotten law from 1965 that prohibits vehicles from using metered parking spaces to sell merchandise.
On May 24, the New York State Supreme Court ruled that food is considered merchandise and, thus, subject to the law. With this precedent set, the NYPD has begun telling food trucks to leave their customary stations in Midtown Manhattan. Although the law applies citywide, Midtown is a particular point of enforcement, given the high concentration of trucks serving lunch to long lines of hungry workers.
David Weber, president of the New York City Food Truck Association (NYCFTA), was one of the vendors at Prospect Park on Sunday with his Rickshaw Dumpling truck. He disagrees with the ruling and says food cannot be considered merchandise for a couple of reasons. Firstly, it is prepared on the spot, which adds a more service-oriented aspect to the mobile business. Secondly, a prepared dish of food is not something that can be both bought and sold.
Weber has been negotiating with city officials to establish a compromise for the future of food trucks in the city. “It’s extremely complicated,” he said. “You have so many stakeholders: the truck owners, restaurant owners, New Yorkers who enjoy the food trucks, city planners. … There’s so much history. These vending rules have been on the books for 150 years, and they’re slowly changing.”
Weber also pointed out that several city agencies are involved: The Department of Transportation, the Department of Health, and the NYPD all have a role in food truck legislation.
When hot dogs, ice cream, and nuts were the only street-side food vendors, they naturally spread out to avoid competition, explained Weber. Now that you can buy anything from lobster to dumplings from a truck, vendors tend to clump together, creating a sort of roadside food court. This has been one of the most contentious issues.
Weber suggests following the lead of other cities to find a solution. In Los Angeles, food trucks must be 30 feet from each other. In Philadelphia, food truck permits are issued by neighborhood, which allows city planners to make sure that an appropriate commercial balance is maintained in the neighborhood. In other cities, establishing private food truck lots has worked.
NYCFTA recently established its first food truck lot in Long Island City and is looking to establish more in Manhattan. In the meantime, it is cooperating with police, who Weber says have been gracious by only giving warnings and very few summonses.
By nature, food truck business is relatively flexible. Some trucks have started to rely more on locations outside Midtown for revenue, but the less diversified trucks are having trouble making ends meet.
“I’m just going to do my best. I’m a little ‘mom-and-pop’ on wheels,” said Kim Ima, owner of the Treats Truck. She chose eight locations over her four years in business and has built a strong relationship with her customers in those areas. Her mainstays were in Midtown.
Ima said she has always been conscious of finding a neighborhood she fits in with, including the way her business interacts with the businesses already in place.
Competition
Clashes have sprouted between food trucks and business associations, as the meals on wheels have become increasingly popular.
Weber recalled the outcry against drive-thru restaurants when they first appeared. “In the 1970s there was a lot of push back and regulation about drive-thrus. There was an idea that it was unfair competition because people didn’t need to get out of their cars. Over time it just became an established part of the way hospitality worked in certain markets,” he said.
He foresees the food truck issue going the same route.
At the Prospect Park Food Truck Rally on Sunday, the spirit was more of cooperation than of competition. Susana Medeiros of Eddie’s Pizza said, “It encourages food truck camaraderie.”
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