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Board orders rehearing for Espresso Subito mobile food permit after merchant objections
Summary
After extensive merchant testimony alleging inadequate notification, insufficient DPW study and sidewalk-safety concerns, the Board granted a rehearing for the Espresso Subito mobile food permit and suspended the permit pending the rehearing set for Jan. 16, 2013.
The Board of Appeals voted Dec. 12 to rehear an appeal of a Department of Public Works mobile food permit issued to Espresso Subito LLC for a proposed espresso truck at the intersection of Front and Second streets. The decision follows heavy public comment from nearby brick-and-mortar businesses claiming the applicant failed to notify all businesses within the required 300‑foot radius and that the DPW ‘coffee study’ was incomplete.
Appellant counsel Lisonbee Rowe argued the application omitted material facts, misrepresented competitive conditions and failed to comply with permit conditions (including sidewalk placement and restroom availability). Rowe told the board the applicants “omitted major disclosures, misrepresented facts and misled the city,” and submitted seven pieces of evidence including photographs and a parking/sidewalk diagram.
Permit counsel Debbie Cardiganer and DPW’s John Quang defended the process and said DPW applied its guidelines and sanitation certification from Public Health was relied upon. Quang explained DPW’s 300‑foot notice procedure and noted that sanitation certificates come from the Department of Public Health.
Multiple merchants (Lee's Deli, Royal Exchange, Coffee Closet and others) described proximity impacts, sidewalk congestion, potential ADA and service‑access issues and economic effects on established stores. Several witnesses said the applicant’s notice radius was drawn from the wrong street midpoint and therefore missed nearby businesses. The Board concluded there were sufficient questions about notice and process and voted to rehear the permit on Jan. 16, 2013; the existing permit was suspended while rehearing is scheduled.
The rehearing will examine whether DPW’s notice and like‑food analysis complied with the code and whether permit conditions (site alternatives, restroom verification, placement) were properly confirmed.
