Fast Food in CBD Served Frozen Patty By Council

Hot hamburgers and frozen yogurt dominated the council's work session discussion on Wednesday night.

The village council entertained a discussion put forth by Village Planner Blais Brancheau to do away with village law excluding Mickey D's and other fast food restaurants from operating in the Central Business District, where they are barred from opening in the B-1 district and are allowed on a conditional basis in the B-2 district. Indications from the council are it wants it to stay that way.

Brancheau explained his position.

"Basically when regulations for fast food were drafted many years ago, food-and-restaurant and fast food were more easily distinguished than they are today," he said. "Things like bagel shops, things like pizza parlors, things like the grocery store that have immediately consumable foods, convenience stores, coffee shops really are blurring the lines between that and traditional fast food."

"We already have all these downtown," which Brancheau said under the eyes of zoning, is exclusionary to some prospective businesses even though the uses are often indistinguishable from non-fast food. Frozen yogurt businesses have been trying to make their way into the downtown but have hit the ordinance wall, Brancheau said.

Currently, according to village code, a fast food restaurant is defined as a business selling food or frozen desert in a "ready-to-consume state for consumption either within the restaurant building or for carry out with consumption off the premises" with the usual artifice being edible containers or paper and plastic utensils, cups plates and other containers.

But "A burger place that uses forks, plates and glasses . . . it's not fast food," Brancheau said.

He noted and could be considered fast food under such guises, and they're already located in the B-1 zone, as are other businesses. Chinese restaurants that use paper and plastic and have take-out are in good standing if they have a sit-down option, like .

Brancheau said the myriad of village code regulations related to signs, architecture and historical district would protect the village from many of its concerns.

But the council turned a cold shoulder to piping hot hamburgers.

"I'm absolutely opposed to this," Deputy Mayor Tom Riche said. He remarked that by removing the fast food prohibition for frozen yogurt shops would "open up all kinds of doors."

Riche recommended looking for a provision that allows frozen yogurt shops beyond the ordinance without paving the way for "hot hamburgers," which he said would bring litter and disruption. Beyond that, because businesses can apply for a use variance, changing the code is a "moot point" in his mind.

Councilman Paul Aronsohn, the chamber of commerce liaison, said he didn't believe there is a "compelling reason" to change the zoning ordinance at this stage.

Mayor Keith Killion said although he was "a simple man," he was able to distinguish between what was fast food and what wasn't.

The mayor asked Brancheau if allowing for take-home frozen desserts in the zoning ordinance would keep those hamburger places out. Brancheau said it's about distinguishing uses and impact of use.

"There's a certain fundamental thing of equal treatment under the law. In zoning at least, similar uses would be treated the same. If there's some significant difference between say for example a burger place and a dairy food place . . . yes, you can distinguish it."

No action was taken, as the discussion carried no measures.