Letter to Institute for Justice.org

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Letter to Institute for Justice.org

LETTER TO INSTITUTE FOR JUSTICE

To Whom it may concern: I am the President of Long Island Food Trucks Network in NY and i was wondering if you could look into the e360 codes for the Town of Brookhaven NY and the Town of Southampton NY - "Peddler's Permit" The Foods Trucks are being categorized as Peddlers and are being over-regulated under the Peddler's Permit Code which has been over burdening the food trucks with codes that they cannot comply in good faith with and still remain in business. It has already put one Food truck out of business this week because it could not comply with burdensome insurance requests above and beyond what is necessary and faced an anonymous complaint which is suspected to be from a neighboring restaurant - We are looking to go to a town board meeting and make a request to make changes to their current peddlers permits code as i watched the you tube video in the perkas case for Idaho nampa county that you had added some advise / leverage to. If possible can you take a look at those two e360 codes and let me know if there is a course of action that can be taken to save all the food trucks on long island NY from these crushing codes that are hurting all the food trucks as they are finding it more difficult to stay in business. Private Property owners want food trucks on their commercial properties but the town codes are preventing them from leasing to food trucks without a reasonable explanation as to why they cant. Could use some guidance in this matter before i go to stand up to the town board. The dont even have a category for mobile food vendor, mobile food court, mobile food trailer, they just lumped everyone all-inclusive under the misguided and wrongful term as they are not peddlers according to the webster definition of peddler. Their code enforcement officers have been very hostile toward the mobile food vendors calling them peddlers and shutting them down at will whenever they want. Every food truck has issues with the peddlers permit process, regulations, and the enforcement of these 1987 peddlers codes. Southampton e360 code requires a food truck move every 30 minutes and a minimum of1500 feet away. Hot oil tanks for the fryers take approx 1/2 hour to heat up to proper temp and approx 30 minutes to cool down to a proper temp before safe to move truck or trailer - this is just one example of the ignorance of these antiquated misguided and dangerous to the operator, truck or trailer, and the public peddlers codes. Seems as though Peddler refers to non-food items while Vendor refers to food items throughout the country. Think these towns need to use your National Street Vending initiative and obey the Mobile Food Vendor Freedom Act Model as they are unconstitutionally ignoring the right to economic liberty of all these food trucks. There may be a class action lawsuit (preferably with your help or advise) by the food trucks on the table if they do not change their peddler's permit code and fail to separate out by definition mobile food vendors and transient merchants. These food trucks have been hurt by these unnecessary regulations that have nothing to do with safety or health of the public. Thank You and I look forward to hearing from one of your representatives. - here is the link to Peddler's Permit section of Town of Brookhaven e360 code - https://ecode360.com/8592964 and the Town of Southampton e360 code - https://ecode360.com/8697057 - You will see how they fail to address mobile food trucks vendors as separate from peddlers. Please Advise, Thanks Again.

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