Competition

Every time I have a discussion about food trucks, the subject of competition, unfair or otherwise, comes up.  In my latest discussion on KPCC, I spent a lot of time talking about the ridiculous notion that LA should enact new regulations when they don’t even enforce old ones. Unfortunately, I wasn’t able to talk about some of the things I think are driving this push for new regulations.

It’s tough to run/own a restaurant in the City of Los Angeles.  Space is expensive, the regulations are daunting, permits are time consuming, parking requirements are impossible and customers are fickle.  Did you know that a liquor license from the state to sell beer and wine costs around $500?  However, the conditional use permit to use that license in the City of Los Angeles can run you up to $20,000 and take a year to get approved.  Additionally, that license will expire in five years and you’ll have to go through the conditional use permit process again.  Parking requirements can be impossible to meet so restauranteurs sometimes need to file for a variance, this variance will cost them another $5,000-$10,000.  Building and safety, public works, bureau of sanitation and the planning department are just some of the agencies you’ll need to get permits from.  My point is, the City of Los Angeles has never done anything to help restauranteurs succeed.  Why all of sudden are they crying foul because of food trucks?  If they’re so concerned with new competition for restaurants, why don’t they try to limit new restaurants from opening?

The answer is pretty simple…  Commercial real estate owners have been the gate keepers of food service for quite some time.  They have a space, they rent it to an aspiring or veteran restauranteur.  The restauranteur spends a lot of money making tenant improvements and pays a large sum per square foot.  If the restaurant succeeds, great.  If the restaurant fails, no problem!  Some new restauranteur will come in and do tenant improvements and pay the large sum per square foot.

The problem for commercial real estate owners/developers is that aspiring restauranteurs see  food trucks as an alternative to the traditional brick and mortar.  This coupled with the downturn in the economy has reduced the value of restaurant properties.  Food trucks do not typically compete with restaurants, as opposed to people bringing a lunch from home.  But, the food trucks are an easy scapegoat for what ills the restaurant industry.  Increased regulation, the economic downturn, and sky-high rents are the biggest culprits for the woes of restauranteurs.  So what is a commercial real estate owner to do?  Lower the price per square foot to better reflect the value of their property (all property has gone down in value)? Or, cry foul to the City and ask for regulatory protection.  Remember, commercial real estate owners and developers as a group are one of the biggest contributors to political campaigns in Los Angeles.

If the City really wanted to help out the restaurant industry, they could reduce permit requirements, expedite the permit process, reduce taxes and limit building/operating regulations.  I am not advocating for a reduction in food handling or preparation regulations that are handled by the County.  I just think non-food related regulations could be reexamined.

I applaud Councilmembers Alarcon, Parks and Krekorian of the Jobs Committee for passing their recent motion to look into ways to make the restaurant business more competitive without adding new regulations to the food truck industry.   The Jobs committee’s motion shows real leadership and out of the box thinking when it comes to addressing the food service industry.  The City should be encouraging consumer choice, not regulating it away.

If you get a chance please email a thank you to Councilmembers AlarconParks and Krekorian.

Thanks for reading,

Matt

Tomorrow, one of our attorney’s chimes in on the subject of competition

Betsy Butler

The SCMFVA is supporting Betsy Butler for the 53rd Assembly District which covers Venice, Marina del Rey, Manhattan Beach, Hermosa Beach, Redondo Beach, Playa del Rey, Mar Vista, parts of Westchester, Lomita and Torrance.  Betsy has been very supportive of the food truck movement and it’s important for the SCMFVA to have allies in Sacramento because State law can have drastic impacts on our industry.  If you support the trucks, please support Betsy Butler’s campaign and tell others who live in the 53rd Assembly Distirct to vote for her.  The election is November 2nd and she’ll need all the help she can get. Please also consider donating to her campaign, any amount is greatly appreciated.   http://www.betsybutler.com/donate.php

Museum Lot- MAIN ST

And here we go!  TONIGHT!  9/28 5:30-10pm!

The Association had it’s first meeting on January 2nd of this year. We opened our first food truck lot in Santa Monica on January 4th. The next day it was shut down by zoning enforcement. Nine months later, and after a lot of deliberation, we’re finally opening the first official (with permits) food truck lot in Santa Monica on September 28th. The lot is located on 2612 Main Street. We’re essentially paying the California Heritage Museum rent to use the space. All the money raised goes to help fund the museum.

The Victorian Bar shares the parking lot we’ll be using so they will supply the beverages and the seating (both indoor and patio). Debbie Lee, from Ahn- Joo, and I will be celebrating our birthdays there that night, so it might be a good idea to take Wednesday off from work as the Victorian Bar is open until 2am.

The Trucks that will be there:

Nom Nom
Coolhaus
No Reservations Catering
Don Chow Tacos
Ahn-Joo
India Jones
Calbi
Shrimp Pimp

Hope to see you there!

Matt

Prospective New Members

Prospective New Members,

I’m sorry about the delay in processing your membership. The Association has been slammed with various issues. We’ll be reaching out to everyone by week’s end to tell you about the benefits of the Association and how to join.

Thanks
Matt

Running Out of Time

Yesterday, the SoCalMFVA went to court to defend a member in a traffic court hearing.  The member had received a ticket for violating the 30 minute time limit condition of his Santa Monica permit.  We prepared for the trial with a well written brief explaining why time limits were unenforceable.  The City of Santa Monica chose to dismiss the case instead of going to trial

Most municipalities have a time limit restriction for food trucks.  Culver City, Manhattan Beach, Hermosa, Beverly Hills etc. all have time limits of 10 – 30 minutes.  This doesn’t allow the trucks to do much business.  Los Angeles doesn’t have a time limit rule because it was overturned last year in court challenge (used to be 30 minutes for residential, 60 minutes for commercial).  The court’s reasoning for not enforcing the LA ordiance (80.73 (b)2(B) was that it had no rational relationship to public safety.

California Vehicle Code section 22455 (b) says that municipalities may not prohibit trucks, they may regulate them, but only in the interest of public safety.  And since no municipality has come up with a sufficient defense for why time limits enhance public safety, all of the recent cases on the matter have sided with the trucks (there have been four time limit cases).  So now it’s our job to enform ALL of the City Attorney’s out there that time limits have no place in a City’s municipal code.  Time limit ordinances, your days are numbered.

A-OK!

The Association met with the Los Angeles County Health Department yesterday to discuss a new ordinance involving grading for trucks.  The County Health Department will be introducing the new County ordinance in September.  The SoCal MFVA sees this as a positive step for the mobile food vending industry.  Grades will help the public make informed decisions about what they eat, and dispel myths such as “those trucks aren’t regulated.”

Food Truck lots coming to SM

Last week the Santa Monica Planning Department released a report that said that they would be issuing Temporary Use Permits for Food Truck Lots in Santa Monica. This was the first issue taken on by the Association, and I am very happy with the result. There are two food truck lots currently in the application process, the original Santa Monica Food Truck Lot on 14th and Santa Monica and a lot on Ocean Park and Main St attached to the Heritage Museum. The Musuem lot is planning on opening for dinner service mid September on Tuesday nights. It will be in partnership with the Victorian Bar, who will be providing seating to all patrons as well as a bar to order drinks from.

Thanks to all of the food truck fans who leant their support last January. You are the reason why Santa Monica acted so quickly (8 months is quick in city government) to address this issue. Our advocacy efforts are bolstered by fan support. Thank you very much!

Thanks
Matt