
Photo by Vince Fedoroff
STREET VENDING A NO GO —Louis-Roch Gagnon, owner of Garlic A GoGo, has been told he cannot serve food on city streets. City officials concede they made a mistake issuing the permit.
Photo by Vince Fedoroff
STREET VENDING A NO GO —Louis-Roch Gagnon, owner of Garlic A GoGo, has been told he cannot serve food on city streets. City officials concede they made a mistake issuing the permit.
It's tough being the new kid on the block.
It's tough being the new kid on the block.
Weeks after granting him a permit, city officials have told Whitehorse's newest food vendor to get his classic 1974 Winnebago off of city streets.
Louis-Roch Gagnon runs Garlic A GoGo, a food truck serving Mediterranean dishes mostly in the city's downtown core.
Despite the initial approval of the business, the city now says the travelling restaurant never should have been allowed to serve food on city streets because it violates territorial law.
The city's land development supervisor, Pat Ross, said Wednesday city officials looked through all the municipal legislation including the Traffic Bylaw, Business Licence Bylaw and Zoning Bylaw, before issuing the permit.
"We issued him a permit and gave him the initial nod,” Ross said.
"It was basically the first of its kind that we're aware of coming through the door.”
But after downtown businesses and some residents called with concerns about the new truck, city officials sought legal advice on the matter, Ross said.
It was then they were pointed to the territory's Motor Vehicles Act, which they say prevents businesses like Gagnon's from serving food at the side of a road.
Both sides agree that Gagnon was never trying to hide his business plan —to drive his restaurant on wheels throughout the city serving food like shawarma, falafel and Kleftiko.
The argument comes down to sidewalks.
Section 206 of the Yukon's Motor Vehicles Act says: "No person shall display any goods for sale, offer any goods for sale, or sell any goods on a highway.”
In the legislation, "highway” is defined as all roadways.
The city says that prevents Gagnon from selling anywhere on the road. Officials say he must find private land or government-approved property to park his truck on if he wants to continue serving.
Knowing what he knows now, Ross said, the city never should have issued the permit.
"We couldn't have, we can't issue permits that we know are in contravention of territorial legislation.”
Gagnon disagrees. He told the Star Wednesday he believes the municipality has the power to permit him to continue serving.
Also, a different part of 206 reads: "A municipality may by bylaw permit the display or sale of goods on a sidewalk.”
"The sidewalk is technically from the line of the curb to the property line,” Gagnon said. "I don't serve food on the street; I serve it on the sidewalk. I make food on the street; there is no bylaw against making food on the street.”
Countered Ross: "Our position is that he's operating from the road because he is preparing and cooking the food from the roadway.”
No matter who is right when it comes to sidewalks, Gagnon argues it's wrong for the city to renege on its approval so quickly.
"They gave me permission, we went through the rigamarole, I gave them a report, it spent a week circulating in all the offices in the city asking, ‘does anyone have a problem with this?' The answer was no, go for it,” he said.
"The minute there's a complaint, they back off.
"I'm saying, ‘give me a year, give me the season.'
"Let's take all the data, the complaints, the support — I can guarantee you they've received more letters of support than complaints —let's take that information, and at the end of the season, formulate a food truck policy.”
Ross said there have been calls of support to go along with the gripes.
"I appreciate that you're supportive of the business as am I, but it's not a public opinion exercise,” he said.
"That doesn't change our ability to issue the permit or not issue the permit; we have to follow the legislation.”
Many businesses are concerned about competition, Ross said.
"Being situated downtown and paying their commercial taxes and then coming to work one day and finding a competing entity situated right outside the business.”
The city would have liked to have done some public consultation on the matter before even issuing the permit, he said.
"But at the time, we didn't see anything that would have allowed us to say no.”
Ross said there have also been concerns about how the food truck parks on the street.
"His window that he serves people through is on his driver's side, so that creates a bit of an issue because in order for him to serve people on the sidewalk he has to park against the flow of traffic on the wrong side of the road,” Ross said.
"That in itself is a violation of the Motor Vehicles Act.”
Gagnon said his initial business plan contained examples of possible complaints and self-imposed rules he created to deal with them.
These rules include not being within 25 metres of the front door of another restaurant.
"I've had a few business owners come up to me and say, ‘you're my competition,' I said, ‘I will move,' and I did, so that ends those complaints,” he said.
"So really, there's no reason why they've revoked this (permit) except to placate the few who complain.
"Unfortunately those who complain are fairly big in the city and perhaps have some power with the city. Squeaky wheel, right?”
Gagnon is not naming businesses owners who have complained to him, although he said he has been intimidated and harassed.
For now, Gagnon is in talks with a number of businesses and property owners who may be interested in letting him park off the road on their property.
Mobile food trucks are a benefit to the city, he said, because they provide the freedom of a quick meal.
"People can walk around and shop vs. sitting in a restaurant their whole lunch and going back to work,” the vendor said.
"If you have the opportunity to grab a sandwich in your hand, you get your banking, your shopping done because it is portable. I'm bringing people in.”
Ross agrees, and said the city is looking into developing a clear policy for trucks.
"What we'd have to do is try and find some spots that are not offending that section of the act, or get the act amended,” he said.
"If we found some spots that we could designate, that's what we're going to do. We're also going to research what Vancouver is doing; they have a very thriving area.”
The new wharf area being developed on the Whitehorse waterfront is scheduled to eventually have a number of spots connected to electricity specifically for this kind of business, Ross said.
He insists that even if he wanted to allow Garlic A GoGo to continue operating while a new policy is developed, he couldn't do it.
"We don't have any latitude here.”
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Comments (16)
Up 0 Down 0
I'm Hungry! on Aug 14, 2012 at 2:21 am
City of Whitehorse is a COW indeed; Most cities have figured out that food trucks are good for the downtown, bringing people out. Instead of continuing to 'eat' up taxes and fees, perhaps the city should 'think' about what the people of Whitehorse want and what is best for the city. If they can't get past their own bureaucracy, they should be put out to pasture.
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Derrick on Aug 13, 2012 at 12:53 pm
I think some people tend to forget about the motor vehicle act violations in regards to this story. Good on the guy for being self sustained and trying something new. I hope his business does succeed and does very well. However, business or not, every person that lives in any municipality has to follow the rules of the road. I'm not sure if Max Mack realizes the motor vehicle act and it's regulations were created into legislation years and years before this guy even had a dream of starting some RV restaurant. Let's look at a different angle....I wonder how many people would complain watching a ordinary person in a regular vehicle pull into a parking space facing in the opposite direction on 2nd Avenue? A little bit reckless...wouldn't you say? However, because this person has a business, it's alright for him to ignore the motor vehicle act and put people in harms way in that situation to make a few extra bucks? I think public safety should be the number one concern....because if it was you that parked facing opposite traffic on 2nd avenue and caused a crash to harm me or my family....believe me...I'll be taking you to court for everything you own....Common sense ain't so common these days.
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Grape Ape on Aug 13, 2012 at 4:54 am
COW says its about sidewalks then I guess we can expect Patrick Singh's hot dog cart to be shut down. In addition to Starbucks, Baked and Lil's Place or anyone else with outdoor seating
Up 0 Down 0
Max Mack on Aug 13, 2012 at 3:24 am
I think CoW is simply interpreting the law in a way that suits its interests. I can't help but wonder who the city is trying to protect?
Was the intent of the Highways Act to restrict food vendors from operating in parking spaces (or pull-offs) adjacent to the roadway? We could argue that the parking lot at Rotary Peace Park and the paved path at Shipyards Park are "roadways". And, yet, CoW allows many food vendors to operate in and adjacent to those locations.
In any case, I agree with other posters. CoW could have negotiated an acceptable resolution instead of revoking this man's licence.
He clearly has a cause for civil action against CoW.
Up 1 Down 0
Paws on Aug 13, 2012 at 12:53 am
The person who grabs a bite from a mobile restaurant is likely the same one that grabs a quick sandwich on the go from a grocery store or drive through. They probably weren't looking to go and sit down in a restaurant anyway.
Instead of belly-aching about competition from the food truck maybe look in your own kitchen and do something new & exciting to attact customers.
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Yukon Hootch on Aug 11, 2012 at 11:50 am
I regularly attended this man's previous resturant, the Kebabery. The food was exceptional, very reasonably priced and a welcomed change from some of the other overpriced crap available in Whitehorse. I hope this works out for him.
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Wayne on Aug 11, 2012 at 1:26 am
The city has done the right thing. They made a mistake, admitted it, and corrected it.
Up 0 Down 1
Thanks! on Aug 10, 2012 at 8:50 am
I walked by this thing the other day, and was engulfed by a cloud of nasty exhaust - because it's running all the time. Not only do I appreciate the perspective of the food businesses that were being affected, but on behalf of every other business owner and pedestrian, I say "thanks!".
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CJ on Aug 10, 2012 at 8:07 am
I don't understand why the permit couldn't run to its end date but not get renewed. Who wants to apply for a permit where it could get pulled at any time because of a matter not raised before? Or an oversight on the city's part.
People do get protective about their businesses. I'm of two minds about it. I get that you have to look after your interests, esp. when you've invested so much in it. But sometimes it's just bad karma. Competition enlivens the field, at best. Whitehorse needs to be careful not to sanitize the town into a Silicon Valley or one of those corporate towns with no life on the streets after 5:00.
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Louisa Gee on Aug 10, 2012 at 7:33 am
Shame on you COW. Which one of you employees is losing weight rapidly backpedaling as fast as you can on this one???
We have MANY restaurants in Whitehorse and MANY that serve overpriced and quite honestly terrible food, in kitchens/restaurants that are terribly dirty. Competition from these food trucks might make some of them clean up their kitchens, improve their food and their service.
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Lloyd on Aug 10, 2012 at 4:10 am
A couple of things spring to mind.
I think if his truck service window was on the correct side he should be able to park in designated areas. Possibly his current rig could park in one of the endless vacant lots downtown.
As far as the protectionist buffers businesses think that have that is utter BS. If I open a restaurant right beside an existing one customers will decide which business survives.
Gagnon has bigger problems with actually being able to get food to his customers in a timely manner. Gagnon needs to be able take an order and have the food out the window in 2-3 minutes not 15-20.
I've had amazing food off of food trucks all over the globe COW needs to get with the times. They natter about infill, where here it is a new business jimmied into existing space.
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Bobbi Rhodes on Aug 10, 2012 at 2:56 am
How can the city give permission and then say "oops, we boo booed". They clearly are the ones that did not do their jobs. To now punish Gagnon is unfair and bad form. The city needs to suck it up and let Gagnon use the permit they issued to him. This is just one more example of the city managers inability to manage anything.
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JaymanC on Aug 9, 2012 at 11:49 pm
So nice to see that we have competent city officials running the show. If I made a mistake like this I would be fired from any normal job. They obviously don't know what they are doing and we need some real people to fill these positions before they mess up again.
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June Jackson on Aug 9, 2012 at 1:02 pm
That's too bad..I think any new business is good business... of course the restaurants in town are going to belly ache about it...but really..it just serves to offer something new, and perhaps forces other food venues to clean up their facilities and/or offer tasty cuisene.
I'd like to see all kinds of food trucks available..if they can make a living..go for it.
Up 0 Down 0
Andrew Walker on Aug 9, 2012 at 7:55 am
Not fair for the restaurants that are currently downtown, they pay good money for those locations! Seems a resolution has already presented itself, if another business let's him sit on their property problem solved.
Up 1 Down 0
flyingfur on Aug 9, 2012 at 7:16 am
So the law prohibits chip wagons in the Yukon? Seems to me they are allowed in most other provinces and territories and borrowing a line from the COW argument on the dog thing in Takhini Arena, are they not trying to follow suit with their counterparts? Wish I knew who the restaurants were who complained so that I could make a point of boycotting them. As long as he is not parked directly in front of another business that serves food then he's not doing any harm and the guy is just trying to make a living. Shame on COW...again.