Food Truck Law: It’s a Go on the 24th

On Wednesday, the Buffalo Common Council took up the issue of the proposed food truck legislation (after a lengthy and heated Acropolis expansion hearing). As I reported on Wednesday, the WNY Food Truck Association has reluctantly agreed to support the bill as written, and request no changes. Although they were displeased with the radius requirement, the hefty licensure fee, and some other issues, they were willing to give it a shot for a year as written, and come back when the law sunsets to discuss ways in which it might be improved going forward.

A source close to the food truck group was present at the hearing, and learned early on that both Golombek – the bill’s sponsor – and Council President Fontana would be moving it towards a vote next Tuesday the 24th. More importantly, Fontana indicated that he would not be requesting the “one truck per block face” rule.

When Mitch Stenger, the lawyer for the food truck association, addressed the council and repeated the group’s concerns with the legislation, but that they would rather see it passed than further delayed.  After the Acropolis debate ended, Councilmember Golombek made some perfunctory remarks, and then Councilmember Mickey Kearns rose to speak.  Kearns spoke out against the high license fee, and stated that the city should be helping – not punishing – these start-up entrepreneurs.  Kearns then proposed that the bill be amended to lower the license fee to $300 per year, and then surprisingly asked that the “one truck per block face” rule be added, as well as an expansion of the 100′ radius to 175′.

Any such amendment was unacceptable to the food trucks, most importantly because any such change would further delay passage of the law by a minimum of two weeks.

Then Councilmember Rivera rose to speak favorably on behalf of the food trucks, but then proposed that the license fee be lowered to $500, and seconded Kearns’ “one truck per block face” amendment. My sources indicate that neither Kearns nor Rivera had discussed any of these changes with anyone else on the council.

At this point, Stenger rejected both Kearns’ and Rivera’s amendments, demanding that the bill be submitted to the full council as currently written.  The session was quickly adjourned after that.

Afterwards, representatives for the food trucks were assured privately by numerous councilmembers that there were enough votes to pass the bill on the 24th. The vote will take place during the session that begins at 2pm. There will not be any public comment period, but food truck supporters are encouraged to attend in a show of support. 

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