Business

Miscommunication spreads regarding food truck vending laws in city

MORGANTOWN – On Friday, local food truck vendors were notified by the Morgantown Parking Authority that the City of Morgantown was implementing new laws surrounding food truck vendors, effective Nov. 1., including a two-hour reduction in hours, an additional 10% gross profit fee and a security deposit fee of $1,000.

The owners of The Island PR Fusion, T&L Hot Dog Cart and Harlow's Grill, among others, each received new vending permit contracts before their Friday night shift.

In a Monday release shared via the city's social media accounts, the Morgantown Parking Authority issued an apology for sharing a "working draft" of policy ideas regarding downtown vending. The posts confirmed no changes will go into effect Nov. 1.

"The Morgantown Parking Authority recognizes that information stemming from internal discussions should not be shared until it has been properly vetted and approved. If there are any changes to the Morgantown vending program, they will be announced by the City Manager or approved by City Council if they involve a change in ordinances," the release said.

The proposed changes were first addressed at the Jan. 6 City Council meeting, though no actions were taken.

Currently, food trucks are allowed to operate between 11 p.m. and 4 a.m. Thursdays, Fridays and Saturdays. The regulations, released in error, would reduce the vending hours by 40%.

Louis Cordero, owner of The Island PR Fusion, stressed that he makes the most money between 11 p.m.-midnight and from 3-4 a.m. most weekends.

"I was on my Square system checking my amount of money I made between 11 and 12, between three and four, and it was $503 this Saturday, so that's 50% of my nightly income. It comes in my first hour and my last hour," Cordero said.

Current vendors pay a $25 daily fee for every day of the month the businesses are operating, according to city parking permits. The new laws would keep this down payment in place and take an additional 10% of the vendors' gross profits, making Cordero's monthly fees increase from $300 to nearly $1,500.

Cordero said he worries about protecting his four employees and maintaining overhead costs.

"I have to shorten my employees' [hours]. I have to change the prices on my items. It will be a huge change because my operation pays me $3,000 a week, ... $1,000 go back to groceries, $1,000 go to employees and maybe $1,000 or $900 profit," he said.

Jeremy Shrout, owner of Harlow's Grill, agreed that the proposed fee would be impossible for these businesses to maintain, as their prices are kept low to make it affordable for students.

"We would have to assess that to the people. They are the ones that make up this town. The students are the ones that make up this town," Shrout said. "If we have to assess the cost to the ones that really make up this town, the ones that are already struggling to pay their student loans and survive and to stay afloat, what good is that doing?"

Robert Abel, owner of T&L Hot Dog Cart, said that the vending application also asked for a $1,000 security bond in case trash is left out or any nearby Morgantown property is damaged during the shift.

Abel and Shrout said their initial reactions to the handouts were "standard," but they were taken aback after further investigation.

"As I read it throughout the night, it became apparent to me that this was actually quite aggressive. It was more than we had ever seen before," Abel said.

The incorrectly released permit application described how street vending is a “privilege,” and the city has the power at any time to revoke vending rights due to scheduled events or due to anticipated conflicts.

Cordero said a greater "heads up" of proposed changes should be considered.

"They don't even give us a 30-day notice," he said. "How do you change everything in seven days?"

Abel and Shrout said they agreed that more concern should be placed on waste management, but that the city tends to blame the mobile vendors for issues that aren't their fault.

"When we get there, the trash is already overflowing. Our customers just take a problem and add to it. They're just putting their boxes on top of already overflowing trash, and before we leave we do our best to pick it up," Shrout said. "The trash is full with pizza boxes from Casa Di Amici, full of pizza boxes from DP Dough. It's full of Chipotle bags and Mediterranean Guys bags. This ain't just us."

Abel proposed that more education opportunities on how to manage trash be required for newer vendors when starting a business.

"I'm glad that we can now bring it to the discussion and have a real discussion about how to make it better," he said. "We built our lives around doing what we do. It's not easy to go out every single weekend, to show up on the street at 10 p.m. and serve people until sometimes 4 a.m. and not even leave the street by 4:30 a.m. and clean up the mess. It's not something that everybody does. It's important for the community, and to take that very important [thing] away from the people, that's just not fair, and we don't want that to happen."

The next Regular city council meeting will take place at 389 Spruce St. at the City Council Chambers at 7 p.m. Tuesday, Oct. 27.