Sometimes the powers that be get it right. Through state legislation, municipal code, or some other public policy, they let benevolent intent guide them to make life easier for their constituents. At least as often, this good intent backfires. A recent example involves my favorite semilegal pastime: public food vending.
In April 2023, in response to growing street vending demands, the Nevada Legislature passed Senate Bill 92 easing the process and expense of obtaining a license to sell food to the general public. Miraculously, Clark County and the City of Las Vegas responded with local laws that align with the state’s wishes. Of course, the municipalities added what some would consider a hefty price tag, making legal food cart vending a pursuit costing thousands of dollars. Then, the Southern Nevada Health District created a list of requirements that gummed the process up.
The health district’s approval requires expensive culinary equipment, such as sinks, refrigeration, and propane burners that most beginning food stands simply can’t afford. In addition, applications go to an office that doesn’t have enough staff to field the requests they receive in a week. Since the new regulations were put into place, only a handful of small vendors have been approved.
At this point, one might question this yo-yo bureaucracy’s effect. Have we seen a chilling effect? Hardly. Since Bill 92’s inception, the number of legal and illegal food carts has only grown. Even with the stagnation caused by SNHD’s narrow passage to licensing, most small elote and agua fresca vendors are willing to skirt the law as they’ve always done, if they’ve got a good thing going.
The rainbow umbrella of your neighborhood elote cart, the white and red popup tents you see in parking lots (mostly from out of state, joining the rest of our transient culinary work force), and the local roadside agua fresca stand probably won’t be deterred by codes or zoning, and for this, I’m grateful.
As far as food safety concerns go, if you’re buying a tamale from a busy parking lot on a Sunday afternoon, a late-night taco from the corner of a tire shop, or greased corn on a stick at your favorite park, you are likely aware of the risks. If you’re wary, then stick with one that’s licensed. That’s what it’s for.