Drive Thru battles and Local Government

Chipotle Mexican Grill, a popular fast-food chain, is dealing with Braselton, Georgia in the courts over its attempt to install a drive-thru at one of its locations. The city council twice rejected Chipotle's request to build the drive-thru, citing concerns over traffic congestion and pedestrian safety.

The city council's initial decision was based on Braselton's zoning laws, which did not allow drive-thru restaurants in the area. Chipotle challenged the decision in court, arguing that the law was unfair and violated their constitutional rights. However, the court sided with the city council, stating that the zoning laws were reasonable and necessary to protect the public's health and safety.

salsa eat mexican food restaurant drive thru

In response to Chipotle's lawsuit, the city council revised its zoning laws to specifically prohibit drive-thru restaurants in the downtown area. According to a statement from the council, "the revision of the zoning laws is aimed at preserving the character and promoting the safety of the downtown area. Drive-thru restaurants are inconsistent with these goals and are therefore prohibited."

Despite the revised laws, Chipotle persisted in its efforts to build a drive-thru in Braselton. The fast-food chain filed another lawsuit, claiming that the revised laws were discriminatory and violated their constitutional rights. Once again, the court sided with the city council, stating that the laws were reasonable and necessary to protect the public's health and safety.

The city council's decision to ban drive-thru restaurants in the downtown area was widely supported by local residents and business owners. One local business owner was quoted as saying, "We want to maintain the small-town charm of our downtown and preserve its pedestrian-friendly atmosphere. Drive-thru restaurants would disrupt this and pose a threat to public safety."

In a June 2022 article by Danny Klein at QSR Magazine, “‘whatever you do at this stage, don’t call the Chipotlane a ‘drive-thru,’ Tabassum Zalotrawala, Chipotle’s chief development officer says. ‘I refuse,’ she notes. ‘It is a pickup lane.’” Whether it’s a Chipotlane, pick up window or drive thru, in the end, its all about convenience for its guests. The battle continues with local municipalities and their continued desire to raise the aesthetics of their community to focus more on sit down restaurants. Per the article:

Digital sales represented 41.6 percent of the business last quarter, which amounts to $811 million, of which 20 percent owes to delivery. Chipotle’s full-year 2021 digital sales of $3.4 billion was nearly three-and-half times what it was pre-COVID.

In Alpharetta, Georgia on Old Milton Highway at North American Properties mixed used development, Avalon, the city fought hard to keep Atlanta' founded Chik fil A from opening a drive thru, citing similar challenges. Chik Fil A and the developer ultimately prevailed and the City approved an orientation that did not flow traffic into the road and was an elevated design to

The biggest question is, how can we make everyone happy? Perhaps the best position for any drive thru oriented restaurants is to be on high traffic roads in commercial zones, areas with industrial and office versus closer to the residential density.

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