Food trucks and trailers can’t operate outside of the 8 a.m. to 8 p.m. timeframe because they are under the same set of rules as door-to-door salesmen — and it appears it will stay that way in Powell for now.

Last month, Powell resident Brenda Mattson requested an ordinance change so she could operate a food trailer for patrons leaving the bars at closing time, 2 a.m., and to serve breakfast before the majority of the morning customers go to work at 8 a.m.

The Powell City Council considered changing the ordinance to allow for 24-hours of operation during its meeting Monday night.

Concerns arose about possibly opening the door for door-to-door salesmen to knock at all hours of the night — and the ordinance change died for a lack of motion. 

Competition opposes extending hours

Rival local restuarant owners voiced their opposition to the ordinance change during Monday’s meeting.

Kaye Rhoads said she did not want operation hours extended because food trucks don’t hire employees and they don’t pay taxes.

“They possibly don’t pay taxes to help Powell as a whole,” she said.

However, that is not true. The mobility of a business does not make it tax exempt.

“My highest cooks make $14 per hour, which is good for Powell,” Rhoads said. “I think extending those hours gives an advantage to those businesses.” 

Rhoades’ restaurant opens at 6 a.m., the same time Mattson originally requested before the council’s discussion led to making it 24 hours.

Mattson said she would be happy with just being allowed to open at 6 a.m. since the current ordinance prohibits her from opening up shop until 8 a.m. — after the pre-work crowd has already left.

Another local restaurant owner, Elva Gonzales, also encouraged the city council to turn down Ordinance No. 19.

“You shouldn’t change this law because the person who asked to change the law; I don’t see her being consistent with her business,” Gonzales said. “We have to follow health

inspection laws and they should have to follow the laws, too.”

Much like with taxes, the mobility of a business does not exempt it from health code requirements or inspections according to the U.S. Department of Health. 

Mattson said the reason she operates a mobile business instead of a stationary restaurant is because food trucks and trailers have lower overhead costs and it allows her to go wherever she wants.

Council denies ordinance for factual reasons

Councilman Eric Paul said he researched what other communities experienced when lifting their ordinances and that doors were knocked on by salesmen as early as 6 a.m. and as late at 9:40 p.m.

If the ordinance changed, it would mean law enforcement would be unable to prevent or cite door-to-door salesmen from knocking on doors any time of the day since it applies across the board for all transient merchants.

“If we pass this ordinance, transient merchants can go 24 hours a day — door-to-door salesmen, whatever, 24 hours a day,” Councilman Josh Shorb said.

Councilman Floyd Young said he received many calls from the public not wanting the ordinance lifted.

“Personally, I wouldn’t be in favor of passing Ordinance No. 19,” Mayor Don Hillman said.

Paul was also opposed to it, not for the sake of protecting one business from another, but because he didn’t want to be responsible for salesmen knocking on doors at “inappropriate hours,” he said.

While Ordinance No. 19 died due to lack of a motion, it’s not over just yet.  

Mattson said she plans on meeting with the council again to discuss the issue.

“It’s not over until it’s over,” Mattson said.

Paul said other options are being looked into for allowing businesses such as food trucks to operate with more hours. But, they can’t be separated from door-to-door salesmen, he said.

“We are on board for what they decide because we don’t want salesmen knocking on our door all night and they go from sun-up to sun-down,” Mattson said. “The main thing is we are not giving up. We appreciate them going to bat like they did for us. They made us feel important and heard — that is huge in itself.”