County of San Bernardino Board of Supervisors Give Staff Direction on Hot Food Trucks.

By Michael Reiter, Attorney at Law.

According to the newspaper (for when the link vanishes, San Bernardino Sun (online), “Food truck rules eased” by Joe Nelson, posted 8/9/2011 at 06:35:42 PDT, accessed 8/10/2011), the Board of Supervisors chose option 2:

In general, three options identified relative to the County’s regulation of hot food truck operations
in the County are outlined below followed by detailed descriptions, impacts and summaries for
each option:
1. Maintain the existing County health and safety ordinance and prohibition of hot food trucks
except when operating as a temporary food facility at an approved community event.
2. Amend the existing County health and safety ordinance to establish a new category of
“hot foot truck events.”
3. Amend the existing County health and safety ordinance to permit hot food trucks to
operate throughout the County.

Staff will bring back an ordinance for the Supervisors to vote on.  Stay tuned.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

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Redlands, CA 92374
T: (909) 708-6055

County of San Bernardino To Consider Allowing Mobile Gourmet (or at least Hot) Food Trucks At August 9, 2011 Board of Supervisors Meeting

By Michael Reiter, Attorney at Law.

The Board of Supervisors, at their August 9, 2011 meeting, have an agenda item regarding allowing food trucks.   This is a follow-up on Supervisor Janice Rutherford’s call regarding food trucks.  There will be a staff report at the meeting with a request for direction by the Board of Supervisors.  If you want to be heard on this issue, now is the time to do so, by calling your Supervisor (or at least a Supervisor), or by sending electronic mail, or attending the meeting and speaking on the agenda item.

The staff report suggests these possible actions by the County of San Bernardino and seeks the Board’s direction on the issue:

 

In general, three options identified relative to the County’s regulation of hot food truck operations
in the County are outlined below followed by detailed descriptions, impacts and summaries for
each option:
1. Maintain the existing County health and safety ordinance and prohibition of hot food trucks
except when operating as a temporary food facility at an approved community event.
2. Amend the existing County health and safety ordinance to establish a new category of
“hot foot truck events.”
3. Amend the existing County health and safety ordinance to permit hot food trucks to
operate throughout the County.

 

The report acknowledges that San Bernardino and Riverside are believed to be the only California counties that prohibit mobile food trucks.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

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     Redlands CA 92373-5235
T: (909) 708-6055

 

Gourmet Food Trucks in Riverside County and the City of Riverside

My post on Gourmet Food Trucks in San Bernardino County and the City of San Bernardino continues to be popular, so I thought I would add a follow-up about Riverside County and the City of Riverside.  The County’s Code, according to this Riverside Press-Enterprise story, prohibits food from being prepared on a truck, except for things like hot dogs (such as those outside the Riverside County Courthouses).  In effect, it allows “catering trucks” instead of gourmet food trucks.  The Council adopted Ordinance 7112 (an uncodified, unsigned version here) in January 2011 adding Chapter 5.36 of the Riverside Municipal Code.

There is an exception for special events.  Riverside Municipal Code section 5.36.090.

Cities often get pressure from bricks and mortar restaurants to prohibit gourmet food trucks, because they argue that gourmet food trucks are unfairly competing, because they do not have to pay expensive rent.  However, any argument that they do not have to pay a business license tax or registration tax is not correct.  Each truck must pay the proportional share in each jurisdiction it is doing business.  They have to collect and pay sales tax, too.

Copyright 2011 Michael Reiter, Attorney at Law

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

 

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708

San Bernardino County Food Trucks

By Michael Reiter, Attorney at Law

I first heard of Gourmet Food Trucks in San Francisco a few years ago.  I had some college friends who often headed to the Fruitvale neighborhood in Oakland to visit a taco truck (until they got robbed at 2 AM), but these are obviously not the same kind of food trucks.  I won’t mention the rhyming pejorative that often accompanied catering trucks that I heard in the San Bernardino of my youth.

The Los Angeles County-based trucks are now well-known, with multiple blogs, television coverage, and Yelp entries dedicated to the trucks.  I went to the Santa Anita Food Truck Festival II and there were 80 trucks.  Even though there were two Nom Nom Trucks at the event, one ran out of food. The Grilled Cheese Truck had an hours-long wait, and I was lucky to have only a twenty-minute wait at the Lobsta Truck for a lobster roll at 11:30 a.m.  Most interestingly, someone was handing out fliers for an event for aspiring food truck owners.  They even claimed to deal with legal issues.  Unfortunately, I was not given the flier.

Street cuisine seems to be the cuisine du jour.  According to San Bernardino County Second District Supervisor Janice Rutherford, mobile food trucks (other than at fixed events) are currently not allowed in the County of San Bernardino.  The Rutherford Report (Newsletter), March 2011, Page 1.

Update 6/29/2011

Someone wrote to me about this post.  To clarify, I believe catering trucks are currently permitted in San Bernardino County because catering trucks have pre-made food.  Gourmet Food Trucks involve preparation of food in the truck, and are only allowed at special events like the Food Truck Festival held recently in Ontario.  I know the County is still reviewing, at Supervisor Rutherford’s request, the prohibition on Gourmet Food Trucks.  To clarify further, when I quote an ordinance, I am not stating my own opinion.  I do not hold political opinions on this blog.  Even if I did something in previous employment, that was not my opinion, it was what my client wanted.  Attorneys, particularly public attorneys, do not have the liberty of having opinions.

 

Copyright 2011 Michael Reiter, Attorney at Law

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

 

A: 300 E. State St., Suite 517
Redlands, CA 92373-5235
T: (909) 296-6708