Lynn Michael

Lynn Michael addresses Fairmont City Council Tuesday night about his food truck.

FAIRMONT — The owner of a food trailer in Bellview sought help from Fairmont City Council Tuesday night for an issue affecting his business.

Lynn Michael of Fairmont, who has Bruh’s Backyard BBQ, said he has been at the location, on private property, for two years.

“Now, all of a sudden, after two years, I’m being told that I will not be permitted after July 1 because I must move my trailer off the property each and every night.”

He said he was informed by the Marion County Health Department that he has to move the food truck out of the city limits every night to be in compliance with code.

When asked for comment after the meeting, Michael said he went to his trailer one day and there was a notice on the door from the health department.

“I get over and talk to the health department, they say I needed to move my trailer each night because of the way I’m permitted,” he said.”

Michael said he can’t get “any real exact answer” to resolve his dilemma.

“The health department wanted me to set up as a permanent unit; the City of Fairmont says I can’t be a permanent unit because I’m on wheels,” he said. “So, basically, I have to move every night out of the city limits each and every night.”

Michael told council he wanted the language changed in the regulations.

“Something has to be done to change that because the mobile food business is growing,” he told the council.

He said moving the trailer every night would be burdensome.

Council member Philip Mason said the case is just one example of several issues that need to be reviewed in the code and the charter.

He questioned if a stay could be obtained for Michael.

Mayor Brad Merrifield said the city manager will look into the issue and get a clarification.

“And I feel confident she will do that,” he said.

Mason was also hopeful.

“I feel confident common sense will prevail,” Mason said.

Eric Hrin can be reached at 304-367-2549, or