Nosy Neighbor: Why is there another food truck in Bogardus Plaza?

This is my own Nosy Neighbor, and I first asked the Friends of Bogardus about it: “Why is there a new food truck in Bogardus Plaza? Isn’t that competing with the concession that the Department of Transportation built to support the plaza? They are right next to each other!”

The Friends is mystified as well, so I got in touch with the Department of Health, which regulates food trucks. And they sent me to the Department of Sanitation, which enforces vendor placement and sidewalk obstructions. DSNY said there are no rules that specifically prohibit a mobile vendor from setting up near a DOT concession. But it sure doesn’t make sense — at least not if the concessionaire hopes to have any luck there.

DSNY added that they have not received any complaints, but they did inspect the truck and noted that it was vending less than 10 feet from the crosswalk. The vendor corrected the violation after being served the summons.

(They also issued three summonses to another food cart in the immediate area, one each for vending less than 10 feet from crosswalk, vending less than 20 feet from an subway entrance/exit, and vending from a bus stop.)

Here are some other rules:

  • Food vending is prohibited on several streets across the city, and you can see a map of those streets here. (In short, Tribeca is fair game.)
  • Pushcarts must be on a sidewalk that is at least 12 feet wide.
  • Unit must be within 6-12 inches of the curb.
  • Unit must be at least 10 feet from any crosswalk, driveway or subway entrance/exit.
  • Unit must be at least 20 feet from a building’s entrance or exit.
  • Unit may not be in a bus stop or hospital “No Standing” zone.
 

23 Comments

  1. I feel I’m as concerned for our fellow “man” as I can be – I also hear the complaints of how retail “can’t make it”, or “the streets are dirty”, “why can’t our public spaces be kept up.”

    Bogardus Plaza spends our donations, and funds they receive in rent from their vendor, to maintain the plaza for us – chairs and tables, flowers, trash removal. They hold events for us and our children – dog shows, concerts, etc. Yet there are two carts just outside the plaza – who do not pay rent, take customers away from the retail stores, leave trash for the sanitation department to pick up (free for them), etc., etc. Yet no action from our community representatives, or outcry from us.

  2. I’m all for the struggling folks in our City trying to get by and raise their families up the economic ladder. But these vendors pay no rent (except a nominal license fee – which I’m sure the current administration wants to eliminate), no trash fees – as they leave their daily refuse in the nearest public container, and maybe taxes. Yet our retail establishments suffer. The cookie stores, Zucker’s Bagels, etc. etc. AND Bogardus Plaza suffers. A large source of their income is jeopardized – the kiosk pays rent and trash pick fees. Bogardus provides a great service to our community – tables and chairs for an afternoon break, flowers in their garden, a clean plaza, not to mention the concerts AND the Dog Show. So where are our elected representatives, our collective “outrage”?

  3. I am not outraged by people trying to make a living. There are many food carts on Greenwich Avenue as well. Some people prefer to eat from them. I’m sure there is room for both.

  4. Multiple food vendors in close proximity can generate a synergy, drawing more customers total, rather than creating a zero-sum situation, in which a gain by one vendor is a loss to another. Food for thought?

    • The sales at the Kiosk that pays us rent and helps sustain
      the management and maintenance of the Plaza have dropped significantly since the second food cart arrived as it is open 24/7. Both carts can sell at significantly lower prices because they have no rent to pay and minimal overhead. Getting our Kiosk on the Plaza was extremely difficult and involved a lot of work both on our end and for the current operators. They were carefully vetted through a competitive RFP that we managed. It has been a tricky corner. We are on our third vendor in four years. We want this one to stay!!

      Our annual budget is just shy of $100,000. We get limited funding from the city through occasional grants and depend heavily on the rental income.

      In addition, both of the mobile food carts are breaking placement rules but no one is willing to enforce them- Believe me, I reach out weekly to various city agencies! The latest one is supposed to have a 12 foot wide unobstructed pedestrian pathway and it’s just over 7 feet from the clock. We will likely lose Joey and Edwin at the end of their lease later this year, and honestly, I’m not sure anyone will want to lease that spot in the current condition. I encourage anyone who cares to formally file a complaint with 311 and please continue to support Joey Bats and El Sazon.

    • This is essentially Game Theory reasoning. It is why in a suburban area you may see two fast food restaurants right next to each other.

  5. Street meat or mystery meat trucks are NOT regulated. To Alexandra it’s transplants like you who have this mentality and destroy neighborhoods. Follow the rules and follow the law. As donors to Bogardus Plaza we can collectively do something about this. Once you let one truck, another pops up and another and another. I prefer stores and sidewalks free of obstructions. Bad enough we have to deal with the Halal truck directly across from McDonald’s that takes up the sidewalk AND it’s customers. Find somewhere else!!

  6. I’m surprised by Sandra’s assumption that Alexandra (whom I don’t know) is a “transplant.” She certainly doesn’t mention being one. As this TC post makes clear, the truck is not actually breaking any law–its violation relative to the crosswalk was corrected–so it is unclear what the donors to Bogardus Plaza (of whom I have been one) can legally/ethically do to discourage the food truck from stationing itself at that corner. Can’t the truck owner simply be asked not to use the trash cans that are being paid for by the concession? It seems to me that the food for sale from the truck is quite different from what is being sold at the DOT concession–and at the cookie stores and Zucker’s Bagels, which were mentioned by someone else–so it is perhaps, as Chris suggests, not taking customers away from the neighboring vendors. Sandra’s idea that no one should have to “deal with” the customers at a halal food truck is implicitly prejudiced.

  7. There are three food trucks in a row at Canal/Broadway right by the crosswalk in a very congested area. Meanwhile the counterfeit bazaar is more and more emboldened and the guys more agressive. The Smoke Shop on the corner of Church/Canal is basically a weed lounge surrounded by trash.
    Has any elected city officials in the past six years ever responded to our complaints?

  8. No vendor=less money to maintain the park=less enjoyment by ALL WHO FREQUENT. That’s the choice. One person trying to “make a living”, can destroy the environment for many. Your choice. DONATE to keep Bogardus.

  9. To Jay – I would venture that Zucker’s is more affected by Pop-Up bagels or Nala’s Bagels or Leon’s Bagels and isn’t Apollo going into the King Pharmacy space?

    But it’s still Zucker’s for me.

  10. I, too, dislike “obstructed sidewalks”. – strollers, whizzing toddlers on scooters, herds of walked dogs, Amazon deliveries,
    etc. – all the results of “ transplants” to the neighborhood.

  11. What should be of primary concern is that this food cart is an imminent health hazard.

    It has been sitting on the sidewalk 24/7 since the day it arrived and has never been properly cleaned in violation of Article 89 of the New York City Health Code: Mobile Food Vending.

    §89.20: All mobile food vending units shall be cleaned and serviced at least daily at a mobile food commissary.

    §89.28: Mobile food vending units shall not be cleaned or serviced on public streets and sidewalks.

  12. I’m surprised by Sandra’s assumption that Alexandra (whom I don’t know) is a “transplant.” She certainly doesn’t mention being one. As this TC post makes clear, the truck is not actually breaking any law–its violation relative to the crosswalk was corrected–so it is unclear what the donors to Bogardus Plaza (of whom I have been one) can legally/ethically do to discourage the food truck from stationing itself at that corner. Can’t the truck owner simply be asked not to use the trash cans that are being paid for by the concession? It seems to me that the food for sale from the truck is quite different from what is being sold at the DOT concession–and at the cookie stores and Zucker’s Bagels, which were mentioned by someone else–so it is perhaps, as Chris suggests, not taking customers away from the neighboring vendors. Sandra’s idea that no one should have to “deal with” the customers at a halal food truck shows implicit prejudice, which is actually what destroys neighborhoods.

  13. I am confused about the City’s structure and requirements for food carts and food trucks?

    I know that both are supposed to be licensed.

    Are food trucks and food carts allowed to situate wherever they want (except for the restrictions noted in article)?

    Food Carts:
    There are many places around NYC where multiple food carts congregate, for example at Columbus Circle.
    They are also duplicative and it appears they are “cannibalizing” each other.

    As so many food carts already congregate in the same place (using Columbus Circle as example again) I don’t see the City’s rationale to permit more food carts? It seems that there are already many.

    Food Trucks:
    There are also many instances of food trucks that park where they should not (such as bus stops) and stay in their spots 24/7 (never moving) which is not allowed. (In these cases, you will see vans coming to delivery supplies to the food truck).

    Also have seen a number of food trucks with out-of-state license plates (South Carolina, NJ, PA)….why would the City license a food truck which is utilizing an out-of-state address?

  14. Continuing…

    It does not seem fair that a food cart or food truck could just plop itself in a place where the City has arranged for a business such as the kiosk, Joey and Edwin.

    The City is pretty hypocritical.
    It messages about helping struggling businesses and workers – then keeps increasing fees and requirements and hassles etc.

    And now in this case, does zero to protect the business.

    Relatedly, the City is now harming the numerous food carts at Columbus Circle (theoretically paying a fee for licensing etc).

    The City has now allowed Smorgasburg to set up at Columbus Circle – directly competing with the food carts already there.

  15. Last but not least, I’d like to put in a plug for Cafe Clementine!!

    Real brick and mortar store, real people and yummy food.

    Many may not know that this is the iteration of the old Cafe Columbine originally on West Broadway.

    It is my understanding that the owner sold the business to the employees (immigrants if that is of interest).

    I think there was a big rent increase so they sought new space.
    Then they were impacted by Covid.
    And then an unexpected problem in the new space on Greenwich which caused a lengthy delay in opening.

    So many new cafes have opened in the area – very much hope Cafe Clementine survives.

    • Adding for context – prior to 9/11, there were many government (City and State) offices in Tribeca.
      250 Church Street, 220 Church Street, 200 Church Street, 66 Leonard among others.

      There was a quirky Civil Service Bookstore on Worth Street.

      There was a small sandwich shop and candy stand in 220 Church Street. (The sandwich shop was run by immigrants from South Korea who really struggled – their children, who sometimes helped, went on to become doctors)

      The landlord wanted a more upscale business so would not renew leases.
      Now it is Frenchette Bakery.

      Mayor Bloomberg moved City offices out so Tribeca could grow luxury real estate….

      • Don’t forget 270 Broadway, the old State Office Building, now residential. Also, discount stores that made pre- and early-Tribeca a shopping district with businesses instead of empty storefronts.

        But my main point is that we also had popularly-priced restaurants and diners that charged prices that government workers could afford. Fewer carts, but numerous “reasonably” priced places to eat.

  16. It’s confusing that taking advantage of Bogardus is allowed

  17. All,

    The Halal cart should have a 12ft wide open pedestrian zone, which it does not. It is just over 7ft from the clock. I verified this rule with DSNY this morning.

    The breakfast cart is less than 20 ft from the entrance to Medrite, less than 10ft from the crosswalk, and usually touching the street signal pole. All three are violations.

    They are both parked illegally but according to DSNY you need to file a formal and detailed complaint to get them the city to react. Please take a minute to help those of us who are dedicated to the plaza and visit https://portal.311.nyc.gov/

  18. Gimme a break
    Both sell different foods except for beverages
    Different customers
    Different tastes
    To each his own

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