Pop-Up Potential: The Effect of Regulatory Laws on the Innovation of Pop-Up Restaurants


Texas A&M Journal of Property Law, Vol. 6, No 4

Pop-up restaurants have risen in popularity over the past decade in the United States. As used in this Comment, a pop-up restaurant is when an existing restaurant space temporarily loans that space to another chef or restaurant for a limited period of time. This Comment seeks to explore the potential benefits and exploit the drawbacks of pop-up restaurants as property solutions in large cities. Pop-up restaurants thrive in the landscape of the sharing economy, and as such, legal scholars pose that it is imperative to understand this new type of economic scheme to efficiently regulate the entities within it. The beneficial services that pop-ups offer must be weighed against the drawbacks in order to determine if they are worthy of creating adaptive permitting regimes in particular cities. Should a city choose to regulate pop-ups, this Comment poses that such regulation would be most effective at the municipal level. Furthermore, this Comment examines two successful regulatory models—those of San Francisco and New York—and suggests that they can serve as a guide to cities that do not currently regulate pop-up restaurants.

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