Whether it’s because they appear to be the epitome of the self-owned small businesses or because of their inherent convenience, food carts are generally adored in Portland.
There’s just something to be said for the experience of walking down a city block and getting a hot meal from a man in a tin trailer. And with a wide variety of cuisines to choose from, it’s hard to get bored of food carts.
Whether it’s because they appear to be the epitome of the self-owned small businesses or because of their inherent convenience, food carts are generally adored in Portland.
There’s just something to be said for the experience of walking down a city block and getting a hot meal from a man in a tin trailer. And with a wide variety of cuisines to choose from, it’s hard to get bored of food carts.
But a decision made by the Oregon Department of Justice could cause all sorts of problems for those who run food carts and those who buy from them.
On Feb. 6, Portland Mayor Sam Adams tweeted, “OR Justice Dept tells @OLCC to grant liquor licenses to food carts in#Pdx. Me: BiG foodcart fan but 4 safety reasons will STRONGLY OPPOSE.” The tweet promptly resulted in a hail of inquiries regarding the decision, with a healthy mix of approval, befuddlement and disapproval.
According to the Oregon Department of Justice, food carts in Portland may now apply for and be granted liquor licenses from the state, allowing them to serve alcohol. The license would cost them $200 to obtain, and they would be required to follow all of Oregon’s liquor laws.
On the surface, this looks like a very good thing for those who own food carts. Aside from the added revenue they could get from the sales of these drinks, the convenience of having alcohol available for purchase alongside their food might encourage customers to come back. And for food carts located in areas with fewer bars (or, say, on a college campus), demand for spirits could be fairly high.
Furthermore, the sale of liquor licenses to food carts would make the city a tidy sum. There are over 700 food carts in Portland; if even a quarter of them were to apply for a liquor license, the city could make well over $30,000.
But these are only good things on the surface.
Oregon law requires that restaurants which dispense alcohol must provide drinking water free of charge. Virtually all food carts rely on a relatively small supply of water for cooking and cleaning, along with bottled water for sale.
The law does not require that the free water is only for customers who purchase alcohol. Anyone who wanted could ask for free water. This could result in a net loss of revenue.
The city also does not stand to profit from this, even if every single food cart applied for a liquor license. As Adams pointed out on his Twitter, alcohol-related fire and police calls are already difficult for Portland law enforcement and fire services. Adding more sales points could spread the force thinner.
And considering that Portland is reportedly looking at layoffs of fire/police workers of about 100 people, according to Adams, this could easily spread law enforcement too thin.
Law enforcement is an absolute necessity for areas with alcohol on the menu. Oregon liquor laws state that it is illegal to carry an open container of alcohol in public areas. Considering that food carts are by definition public, alcohol purchased from them would have to be closed and taken away from public in order to be enjoyed. Attempts to drink in public could result in police attention.
Portland State’s campus is home to a good number of food carts. Should students expect to see them applying for liquor licenses
It’s unlikely around PSU, at least. While there is appeal for the cart owners themselves to sell to a large group in their early 20s—namely college students—there are already a good amount of bars, pubs and convenience stores on campus to serve this purpose. They would likely be too much for a small business like a food cart to compete with.
However, the strain on the police and the potential loss of revenue, should food carts elect to serve alcohol, could cause trouble for Portland. There are simply not enough employees as it is to serve the city with the bars already in it. Giving over 700 individual mobile restaurants the option to serve alcohol could push this potential problem to a possible crisis.
If food carts are to serve alcohol, there should at least be a new set of liquor licensing laws applicable strictly to them. There are currently 25 types of liquor licenses in Oregon, ranging from Warehouse licenses to event licenses to bar licenses. How much trouble would it be to come up with a 26th? Perhaps one with provisions for site locations? It would not necessarily be wise for a food cart located near a high school, for example, to sell alcohol.
In the long run, the Oregon Department of Justice and the Oregon Liquor Control Commission will be responsible for making decisions about who can and cannot obtain a liquor license and what rules they will be required to follow. It would be preferable that they refined their laws about it.
Adams is right to oppose, but there is not much that can be done. For now, we will simply have to wait to see how it turns out.
