Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Economic Development topic
No spam. Unsubscribe anytime.
Board upholds Off the Grid permits with hamburger restriction near Grumpy’s
Summary
After testimony from restaurant owners, DPW staff and neighborhood supporters, the Board of Appeals upheld two mobile-food permits with a condition excluding sale of hamburgers similar to Grumpy’s menu at the contested locations while Grumpy’s remains in business.
The Board of Appeals on July 25 voted to uphold and issue two mobile-food permits for Off the Grid Services LLC but added a condition excluding sales of hamburgers similar to those on the nearby Grumpy's menu at the specified locations while Grumpy's remains in business.
Restaurant representatives, led by counsel Pete Ryan, argued the multiple-truck permits and rotating menus effectively "poach" lunch customers from established brick-and-mortar businesses within the statutory 300-foot notice radius and urged the board to consider competition beyond the statutory notification radius. Ryan said multiple trucks operating at lunch three days a week can substantially affect nearby establishments that rely on weekday lunch customers.
Off the Grid's founder Matt Cohen said his organization vets vendors for health permits and commissary use and stressed that the operator had voluntarily limited trucks and operating days at the contested location and was willing to provide a formal restriction on hamburgers for the site. Several local employers and office workers testified in favor of Off the Grid, saying the markets brought needed affordable, quick lunch options to an area with sparse choices.
DPW staff acknowledged a notification error in the initial processing and described the department's ability to enforce menu and location restrictions (72-hour notice of menu changes and director's hearings for violations). Commissioners discussed market thresholds, the purpose of the 300-foot notice, and the special character of mobile food operations versus brick-and-mortar restaurants.
After deliberation, the board moved to uphold the permits but inserted a condition: the permits exclude the sale of hamburgers similar to those shown on Grumpy's menu at the Broadway/Vallejo/Front location(s) while Grumpy's remains in business. The board recorded in-segment roll-call votes (at least Vice President Frank Fung and Commissioner Anne Lazarus voting Aye and Commissioner Tada voting No; Commissioner Hillis was recused). The motion was adopted with the stated condition (transcript roll-call is recorded in the hearing record). DPW was directed to enforce permit conditions and to require Off the Grid to notify the department at least 72 hours in advance of any menu or truck changes.
