Indelicately setting aside Portland City Council’s strenuous objections and legal threats, the Oregon Liquor Control Commission today voted to give an annual liquor license to the Cartlandia food cart pod over on SE 82nd Avenue—a decision that marks an exciting first for Oregon.
And the OLCC’s unanimous decision has city hall, well, um, pissed.
Commissioner Amanda Fritz, who (along with Mayor Sam Adam) persuaded the council to pass a pair of resolutions meant to push back Cartlandia’s license, told me she was planning on meeting with the city attorney’s office this afternoon to discuss “options.” The city’s first resolution was fairly nice, asking the OLCC to enact stricter rules for carts. But the second one, approved February 29, threatened to sic the city’s lawyers on the issue.
“I’m disappointed because I think it’s irresponsible,” Fritz said, noting that “two more applications” have been submitted since this fracas began. “But I was expecting it.”
The mayor, naturally, was venting on Twitter. He repeated the same improbable concern that Cartlandia’s license would magically lead to some 700 carts all across Portland slinging hooch with little regard for neighbors and the scarce resources of our cash-strapped police bureau.
The OLCC commissioners who explained their vote at their monthly meeting, as relayed by the Oregonian, weren’t having any of it. UPDATE 4:10 PM: The OLCC’s licensing services director, Farshad Allahdadi, also spoke to me this afternoon, and said the mayor’s concern, as worded, was “not reasonable.” More from Allahdadi after the cut.//
Liquor officials dismissed those concerns, and said they were more interested in helping out small businesses that provide a service to the neighborhood.
“In my mind, I see this like I sometimes see in downtown Bend — a roped-off beer garden,” said commission member Ron Roome, who is from Central Oregon. Roome said he felt comfortable approving the license after the owners of the property, Roger Goldingay and his wife Carol Otis, agreed to close it after 10 p.m. on weekdays and 11 p.m. on weekends.
OLCC Chair Cassandra SkinnerLopata said the decision may set a new precedent for food carts, but she doesn’t expect to see a flood of new approvals. Each applicant must get individual approval from the full commission, and most would not meet the requirements, which include fencing, monitoring and other restrictions.
That’s what food cart advocates also are saying—that the requirements already are too stringent for any more than six to 10 pods in town to make liquor sales pencil out.
Fritz, though, said she still remains concerned about “an abundance” of carts and wouldn’t allow that the “nearly 700” figure was a doomsday scenario. She said businesses will do what they must to keep competitive.
Of course, as the Mercury first reported, the city had a chance to weigh in on Cartlandia’s application last summer. It says staff turnover led it to send, by default, a positive endorsement of the application signed by the police bureau’s vice captain, Ed Hamann.
I’ve got a message into the OLCC over its response to the city’s legal threats—if that’s even an avenue Portland can legitimately pursue.
UPDATE 4:10 PM: The OLCC’s Allahdadi had a few things to clarify when we spoke. First, on the legal issue, he said he couldn’t recall, at least in the recent past, the OLCC “having a challenge to a licensing decision in such a way.”
He also wryly noted the distinction between city staffers working with the OLCC on this issue over the past several months and the relatively recent intervention of city hall.
“As far as I know, city hall’s involvement has been a recent development,” he says. “The OLCC has been working regularly with staff both at the police bureau and at the Office of Neighborhood Involvement regarding food cart application potentially coming to the commission and working through how we might address them.”
Allahdadi then echoed what OLCC spokeswoman Christie Scott told me a few weeks ago, that Cartlandia won’t, technically, set a precedent, because what worked for its license—a large controlled lot, the ability to hire extra staff, limited serving hours, etc.—may not be possible for other applicants. Every application is judged according to its own merits and flaws. He said the types of restrictions the OLCC placed on Cartlandia are technically even more stringent than the general rules for carts the city has asked for.
“This licensee is no different than any brick-and-mortar” licensee, he said. “Except that there aren’t four walls and a roof around it.”
I asked him about the mayor’s doomsday number vs. the more realistic number floated by food cart advocates. Allahdadi said there’d certainly be a rise in applications, but gamely explained that 700 carts all getting licenses at the same time would clearly be “a stretch.”
“I don’t think it’s reasonable to say that 700 licenses will be issued to food carts at one time,” he says. “Even if every one of those cart owners chose to apply, we know, for a number of reasons—qualifications, business operations, what have you—that many would not be granted a license.”
“It isn’t anywhere near the magnitude” of what Fritz and Adams are wringing their hands about (those words, incidentally, are mine).
Dear Portland City Officials,
I have parents, don’t need any more. Please fuck off.
Love,
Grown Man
I think your concerns are backwards – the city doesn’t want to lose the cart culture – which is now in doubt after the OLCC gets their take.
@D, I don’t follow you…
The Tweet was something to the effect of – Yay OLCC – boo City of Portland – was how I read it anyhow.
Your story is very evenhanded and informative.
It makes no sense to me (and really ticks me off) that the Mayor and city commissioners would fight this so hard when there are ALREADY carts selling beer in Portland. Why is it okay for the pod across from Pok Pok to have beer, but not Cartlandia? Why are they calling this the “first food cart liquor license?”
I have to agree with the OLCC in there take on how each individual food cart will have to meet there rules and regulations which the majority of the 700 will not meet. “Cartlania” is a big fenced in area with carts, where most of the carts are free standing on the city streets and have no fenced in area. So for the mayor and Amanda Fritz who have never ever layed eyes on “Cartlandia” have no right to lump us with the rest of the carts is wrong. As far as neighbors close by is a farce too. The houses are much further back and won’t be disturbed. Since “Cartlandia” moved into the neighborhood the prostitutes and rif raf have moved elsewhere. It has cleaned up that area and made it more respectable. The bike people sure love it there as well as many, many other people. Roger the owner as well as the cart owners keep a close eye out for any rif raf and runs them off. The mayor and his staff need to keep there noses out of the states (OLCC) business. They are doing a fine job of running there department and always have for to many years to even count. The city has put a “BEE” in our “Bonnet” and we will prove them wrong!!!!!!!! There not dealing with irresponsible people here, these are grown people with businesses. That’s what is wrong with this country today, to many political people trying to treat us like kids and telling us what, when and where and I’m sick of it!!!!!!!!!!!!!
It’s important for the Mayor to focus on the pressing issues that drastically affect all of us (sarcasm)…..you wait until that faux New Seasons lady becomes Mayor (foreshadowing), then you will really get screwed (understatement).
@Kat: I asked the OLCC that a while ago. Captured by Porches is unique because its mobile permits are to their brick-and-mortar brewery outside town. And other carts have temporary, event permits. This is the first restaurant/bar-style annual permit for a food cart.