My latest roadside vending issue

[Willy's Q Shack]

Sometimes I have to wonder if it's worth the hassle. Let me start with the basics, I'm in Pennsylvania, I am certified with the health department, I do have my ServSafe certificate, I do have my certificate to collect sales tax in PA. I rent an empty lot along a major highway at a cost of $500 per month. There was previously a restaurant on this lot and I do have a permit to solicit & peddle from that location that is valid until December 31 of 2015.

I vend out of a 28 foot trailer with rear porch. This past Sunday was slow and we were sitting outside at a picnic table in front of the unit when we saw a car slow while the driver was videoing us. We waved at him.

We were closed on Monday.

Tuesday the township zoning officer shows up at my window and I ask him how I can help (thinking he's a customer). He identifies himself and says "I don't think you can be here". I mentioned the permit, he counters by stating I need a HD inspection. I direct t his attention to the certificate on the wall along withe othe certificates. He tells me the lot is zoned for commercial use. I remind him that I'm a commercial business. He then tells me that since no building has been on that lot for 7 years I'm disrupting the flow of traffic passing by. He then tells me I'm operating a mobile business as if it's a permanent business since every morning I setup a picnic table and put up signs along the highway. He then points to the jiffy john we put out back (for our personal use only) and tells us we need a permit for that ($5 valid for 6 months).

Wanting to cooperate I ask him what I need to do in order to operate in accordance with the law. He replies "I don't know that you are breaking any laws, I'll have to see if I can find anything when I get back to my office".

Wednesday afternoon he calls and says since they don't have a food truck ordinance and they don't want the expense of adding one, they are classifying me as a fast food restraraunt and I don't meet the requirement for that so I'll have to suspend operations from that location. He did say that I could finish the term of my rental on the lot which expires on September 16 but not to renew it.

I could be wrong but I suspect that the guy doing the video is a local restraraunt owner who doesn't want me there and zoning guy is looking to get me out for that reason. The zoning guy was not rude or mean and did treat me with respect the entire time.

Sorry for the length of this hopefully there is something that helps somebody avoid this type of issue.

 

[DR]

You can spend thousands of dollars and probably beat this. Or you can simply move to another spot. It sucks but i wouldn't fight it. Hopefully you can find another spot and make it even better.

 

[Dadeo719]

Brother that sucks. And you are probably correct that it is a B/M owner. Good thing is you can over come this by moving to a potentially better location or if it was me I would be tempted to fight it just out of principle. Keep us posted, and let us know if we can help in anyway.

 

[Diesel Dave]

Dang that sucks. I'm sure you're right about the videoer being an owner of some other business you're great food is cutting into. I hope you can find a better spot and show that individual, no matter where you're at, you will keep your people coming and enjoying real good Que

 

[landarc]

Here is what I would do...of course, I have been seeding this ability by being somewhat involved in my town politics.

I would as my City Councilman/County Assemblyman for a meeting to discuss the situation, to just get feedback about the fact that you feel that you are a law abiding businessman, trying to get a new business off the ground, and that you feel something is happening here. If he is on your side, then send an email, to the City person, with the council member copied, stating that you are more than willing to cooperate, but, you are unclear where you have not met the standard of the law. And that while you understand that the lot had been vacant for 7 years, and your new business is creating something of a distraction, isn't filling an empty lot with a new business what the City would be encouraging?

I would not be offensive, but, man, I would not give up a good spot, one that I have already developed some business in.

 

[pvcollie]

Here is what I would do...of course, I have been seeding this ability by being somewhat involved in my town politics.

I would as my City Councilman/County Assemblyman for a meeting to discuss the situation, to just get feedback about the fact that you feel that you are a law abiding businessman, trying to get a new business off the ground, and that you feel something is happening here. If he is on your side, then send an email, to the City person, with the council member copied, stating that you are more than willing to cooperate, but, you are unclear where you have not met the standard of the law. And that while you understand that the lot had been vacant for 7 years, and your new business is creating something of a distraction, isn't filling an empty lot with a new business what the City would be encouraging?

I would not be offensive, but, man, I would not give up a good spot, one that I have already developed some business in.

What he said!

 

[gtr]

Is this all verbal or is he giving you official notices? Seems if an official action is being taken, official paperwork of some sort needs to be issued. I'm no businessman, but I don't see how you can just be told to stop.

 

[bizznessman]

Wednesday afternoon he calls and says since they don't have a food truck ordinance and they don't want the expense of adding one, they are classifying me as a fast food restraraunt and I don't meet the requirement for that so I'll have to suspend operations from that location.

I would politely petition my City Council and ask if this is legal. Request that they have their legal counsel provide a "legal opinion" showing how any City Codes/Regulations allow this to be done. Unless the Regs/Codes specifically state the they have the ability/right to determine classification, absent any existing writings, then they can't do it. Again, I would be polite about it and come from a point of "asking" so that you will be able to understand the workings of the local government.

This exemplifies why I am a devout Libertarian. :grin:

 

[HBMTN]

What are the qualifications for a restaurant that you don't meet? I'm guessing public restrooms and hand washing sinks but other than that I'd seek legal advice. Lots of bullying goes on with crap like this. I'd give them a fight.

 

[landarc]

Is this all verbal or is he giving you official notices? Seems if an official action is being taken, official paperwork of some sort needs to be issued. I'm no businessman, but I don't see how you can just be told to stop.

You can't. But, many City inspectors will try to use initially friendly contact and verbal directions. Don't be fooled, it isn't kindness. They are taught this by the City attorney, as it is not legally binding, but, many will give in without making a big deal of it. And it is not at all unusual for City employees to have a favorite restaurant or group of people, that causes them to do things like this as well.

 

[Rusty Kettle]

I am not a restaurant owner or vendor but as a citizen of PA fight this bull chit. Good luck.

 

[Flyin Pig]

What a BS situation. Also a lot of interesting feedback, yet another example of how great this forum is.
I hope it turns around for you and things look up.