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Council enacts 180‑day moratorium on enforcing roadside‑vending restrictions for food trucks in designated loading zones
Summary
To give staff time to rewrite roadside‑vending rules the council voted to pause enforcement of certain local restrictions on roadside vending for 180 days (specifically as applied to food trucks in town loading zones), while retaining state licensing requirements. The vote passed 4–1; Councilmember Worley voted no.
Lake Placid’s council on Jan. 13 imposed a temporary, 180‑day moratorium on enforcing the town’s roadside‑vending code with respect to food trucks operating in town loading zones while staff reviews and rewrites the ordinance.
Town planner Dana Riddell and other staff told the council that the current ordinance governing roadside vending (sections 117‑16 through 117‑19) governs both tents, pop‑up sales and food trucks; staff recommended a code review because food‑truck activity has increased but state health and food‑service permitting also affect the town’s ability to regulate mobile vendors.
Several business owners and operators spoke in favor of continuing the current practice in locations where trucks do not block traffic and where the trucks hold state permits. Michael Noel, who owns property at Journal Plaza, described the location in front of that plaza as a loading zone that is unused during the hours food trucks operate and said trucks there have not caused incidents in three years of operation. “In most of those food‑truck cases they’re actually better equipped than most of the kitchens you’ll find in town,” Noel said.
Morty & Edna’s owner Elizabeth Acevedo, who spoke for restaurants in the plaza, said food trucks have not harmed brick‑and‑mortar businesses and in some cases ease demand in busy periods. Several speakers asked the council for a clear written policy so business owners and mobile vendors understand the rules.
Council discussed the legal limits — Riddell noted that state law preempts local regulation for certain aspects of mobile food operations, and that the town can regulate time, place and manner for vending in public rights‑of‑way. After a lengthy public conversation, a motion was made to enact a moratorium on enforcement of the roadside‑vending code as applied to food trucks in town loading zones for 180 days; the moratorium preserves state licensing requirements and does not change private‑property rules for vendors. The roll call recorded in the meeting transcript shows Councilmember Hayes, Councilmember Eberhardt and Councilmember Charles voted yes; Councilmember Worley voted no; the motion passed.
Staff will use the moratorium period to convene a code review, hold workshops and return proposed ordinance text to the LPA and council. Councilmembers said they want a durable, legally defensible ordinance that protects pedestrian safety, preserves business opportunities and clarifies where mobile vending is allowed.
