Fayetteville Food Truck Lottery Winners Disqualified

The City of Fayetteville had seventeen vendors apply for the food truck lottery; six were chosen, and eighteen days later all vendors have been told they don’t qualify.

The permit given in the food truck lottery would allow vendors to sell their food on city property, including streets, parking lots and parks.

Clayton Scott, the owner of Frickin Chicken, said he did his homework when he applied for the lottery. Scott said he read and reread the ordinance, and it didn’t specify what qualified as a food truck.

He said he found out on May 1 that he was a winner, and then he got a call on May 19 from the city saying he was disqualified because he had a trailer and not a truck.

“Lighten up the rules and back off a little bit,” Scott said, “Give us freedom, don’t restrict and constrict the aesthetics and beauty of mobile food vending in Fayetteville.”

City Planning Director Andrew Garner said a food truck has a motor and is mobile, and doesn’t have to be pulled by another vehicle.

Garner said the issue with Scott and the other five winners was that they had trailers. He said the vendors had concession trailers that needed to be pulled by a pick-up, not something like a truck that would be easily maneuvered on a busy city street.

“There’s just safety issues with somebody potentially backing up a big trailer like in a busy urban area trying to pull it into a parallel parking space,” Garner said, “It’s not really conducive to pulling in and out really quickly like you would with a truck.”

Scott said the controversy between a truck and a trailer was never mentioned until he got the call on May 19— eighteen days after he was told he would be getting a permit.

“Now I have $45,000 invested in my trailer,” Scott said, “It was more to invest in that trailer than it was to start this business, so for me to say OK I can’t use the trailer I guess I’ll just sell it and buy a truck… well that is not an option for me.”

Garner said they are now going back through all applications to see if there is anyone who may qualify. Thursday afternoon he said they only had 2-3 vendors left to contact.

He said the permits would only be valid until December 31. He said the city would have another lottery in November for 2015.

As for Clayton Scott, he said he isn’t giving up just yet.

“Only one out of seventeen has qualified or met all the requirements, so that it’s an indicator that what they thought was going to benefit food vending in Fayetteville has backfired,” Scott said.

He said he is planning to appeal the city’s decision as soon as possible.

18 comments

  • Donnie Brun

    Fayetteville is just too restrictive on all forms of enterprise.

    Pull your trailer to Springdale and have a good time. Springdale doesn’t care about anything, as long as you are submitting your sales tax collections to them on a regular basis.

  • Shasta McNasty

    Busy city streets!!!!! LOL!!! For the love of god people you live in Fayetteville Ar!!! I was born there went to public school there and went to college there. I used to think of Fayetteville as a big deal…but it’s not not even close…there are no “busy” streets in Fayetteville. BWWWWAAAAA!!!!

  • Mad Hatter

    Silly Fayetteville! Let’s see? How about parking the food trailer and then parking the pickup or larger ‘pulling vehicle’ offsite. This isn’t rocket science.

    For the people who have invested money, a lawsuit could happen to Fayetteville as a result of Fayetteville City Council ‘changing their mind’.

    Pssstttt – It is the U of A bus drivers hitting children and other cars not food truck drivers. Do U of A drivers have CDL licenses and instruction? Fayetteville you are splitting hairs.

    This isn’t broke. I betcha a few restaurant owners around the square decided ‘how can we get rid of the competition?’

    KEEP FAYETTEVILLE FUNKY!

  • Common Sense

    Virtually every business in Fayetteville has had a trailer backed up to it for resupply, furniture, shipping, etc. it appears, to the general observer, that the city is being far too restrictive.

    I’m sorry, but I have to side with common sense on this one.

  • Sarah 1

    In any city except Arkansas, tractor trailor rigs park on main streets to load and unload cargo. We are fully aware of their job and the mutual responsibility to give right of way.
    Even Fifth Avenue in NYC has big rigs double parked for hours on end. People just honk, wave or give the finger. The city is bustling with commerce. It is part and parcel of the FUN.
    Trucks bring and deliver commercial products. Thanks to the truck drivers.

  • joesumone

    This is the result of making the franchise owner of Kentucky Fried Chicken upset. That individual has some friends on the city council.

      • joesumone

        June 17, 2013, a story was posted on the site that the owner of a KFC in Fayetteville was complaining the Frickin Chicken trailer was a “conflict of interest to our success”.

        June 24, 2013, a story was posted on the site the Fayetteville Planning Commission extended the food vendor permit for nine months. That time expired around the time the food vendor permit applications were being turned in.

  • Arkajun

    Will all the dumb laws Fayetteville is coming up with, I guess I’ll just start calling it Little Fransisco.

    City Planning Director Andrew Garner said a food truck has a motor and is mobile, and doesn’t have to be pulled by another vehicle.

    While your at it Mr Garner, you might want to clarify if it has a “motor” or an “engine”…which one does the law require.

    • Mark

      Come to Florida, trailers and food trucks are the same thing. We are the second largest state in the US for food trucks. As a food truck broker, I never turn down a trailer. A food trailer is mobile and has an engine, most commonly referred to as a generator. This makes it mobile, there for making it the same thing as a food truck!!! Grow up Garner. Let me point out one more thing, mobile food dispensing vehicles almost alqays make there food with fresh and healthy ingredients. Thedes something KFC can’t say about there recipe for a heart attack. Grow up Garner!!! This article made the world laugh!!!!

  • Sarah 1

    Thanks Joe.

    To Arkajun: HA HA!
    Is it an electric motor, 427 cu. in. motor, or a diesel engine perhaps?
    So many details left off the table. Oh wait, that is because they can change them in a blink of an eye.

  • Rhonda

    We have a food trailer and I had placed a call in which I was told we wouldn’t qualify because of it being a trailer. We did not apply for that reason. I think that trailers should be included but it was pretty clear to us we wouldn’t qualify…made the phone call to be sure and left it at that. If they open it back up allowing trailers I would want to apply.

  • adam

    Come on people. The permit lottery is for FOOD TRUCKS. Not trucks with TRAILERS. its a matter of reading the instructions. If you read the guidelines it clearly says that. Fayetteville is making progress. Dont hate on them for people not reading the instructions.

  • Infantile_Lachrimations

    Anyone can read the ordinance here: http://www.fayettevilleflyer.com/wp-content/uploads/2014/03/mobilevendorlaws1.pdf

    Perhaps the food trailer owners should’ve bothered to do so earlier.

    Section 178.05, Subsection (A): “… Food trucks are defined as a motorized and operationally self-contained single vehicle …”

    Section 178.05, Subsection (B)(2)(a): “… The food truck shall fit entirely within one marked parallel on-street parking space …”

  • Livedheresinceiwas3

    Keep on running off business and growth Fayetteville with your petty little bologna specifics. Who cares if it is a truck or a truck and trailir. Obviously, if almost all of the lottery winners are truck and trailer, the announcers took their sweeta@$ time notifying everyone and there was a reason behind that 19 days!! Keep it up Fayetteville and soon, you will be like the Christmas Cacation turkey…pretty on the outside, empty and dead on the inside!!!

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