SAN ANGELO, TX—One day after making a public outcry about City and State Statutes for Mobile Food Vendors, Lonestar Cheeseburger Company owner and executive chef Tim Condon announced the creation of the San Angelo Food Truck Alliance.
“We’re really excited to come together as a food truck community,” Condon said at a Thursday press conference in front of the Lonestar Cheeseburger, the food trailer at the center of the local food truck industry's controversy. “Basically, what our goal is is to streamline some of the questions and some of the activity as far as what’s legal and what’s not legal in the food truck community.”
According to Condon, 15 of the other 37 mobile food vendors in San Angelo have joined the alliance, which formed on Thursday.
Condon says the alliance’s inception is not connected to his plea against the City of San Angelo and state regulations yesterday.
That doesn’t mean the timing of this announcement didn’t raise eyebrows, especially at the City.
“The timing is very coincidental,” said Anthony Wilson, Public Information Officer for the City of San Angelo, of the formation of the alliance. “It just stands to reason that one led to the other.”
“We’re happy to work with whatever group is out there to help the food truck industry better,” City Attorney Theresa James said. “If they come up and want to have one unified voice, that’s great. If they want to have another forum and we get everybody’s ideas, that’s great.”
Wilson and James are self-proclaimed fans of Lonestar Cheeseburger and the rising food truck industry in San Angelo. Both say they wish nothing but success for mobile food vendors.
“Many of us City employees...really love eating at Lonestar Cheeseburger,” Wilson said to the media at a 3 p.m. press conference called by Condon Thursday. “So, we really hope that Mr. Condon complies so that we can continue to enjoy the delicious fare he offers over there. At the same time, we do have a responsibility to enforce and uphold the law. And we are trying to do that as consistently and objectively as we possibly can.”
The law Wilson refers to is a section of the Texas Food Establishment Regulations that give cities the discretion to define what is “readily moveable” and how to test whether a mobile food unit is, in fact, mobile.
Wilson went on to say, “The City of San Angelo has a vested interest” in the ever-growing food truck industry and small businesses in town.
“They provide property and sales taxes to support the city services we provide on a day to day basis,” Wilson added. “So, we want to work with all of those businesses to ensure their success. At the same time, we’re charged with the weighty responsibility of health safety and welfare.”
The dispute stems from Condon not proving mobility of his trailer to the city. In 2015, the TFER amended its rule about mobility, giving each municipality the right to define what is mobile.
According to Wilson, the only time Condon has moved his trailer was when it burned down and the charred trailer had to be removed from the W. Beauregard Ave. at S. Abe St. location when he replaced the charred trailer with the larger, new one located there today.
“When [City Parks and Recreation Director] Carl White brought up the issue of food trucks, the City staff was kind of excited about that,” City Attorney Theresa James said. “We like doing new things for our community and we saw there was an interest in that. So I don’t want this circumstance that’s happening today with one food truck color the progress we’ve made with the others.”
According to City documents, the 37 other food trucks in San Angelo have proven mobility.
“Because there has only been one who has not met that (requirement), we think the process is a good process,” James said. “If we had half of them unable to meet that requirement, we would evaluate it, but that’s not the case.”
Condon argues that, because his trailer has an axle, hitch, wheels with inflated tires and isn’t permanently attached to any permanent structure, his trailer is mobile.
Condon, along with all of the food trucks in San Angelo, received a notice by the City in December 2015 saying, due to the TFER rule change, “Mobile Units will be required to come annually during permit renewal to an agreed upon location coordinated between you and your health inspector. This location will be at City Hall.”
Condon has not done that, according to the City, and has since received two more notices. This last one, dated July 10, 2018, was his final warning from the City. Condon has 10 days from July 18 to comply. to prove his trailer is mobile, by towing the Lonestar Cheeseburger trailer to City Hall.
If he does not comply in the allotted 10 days, file a complaint or file Lonestar Cheeseburger as a permanent establishment, James says the City will move forward with enforcing the law. That means Lonestar Cheeseburger would have their health permit revoked. Then they would be shut down by the City until the requirements are met.
If Condon were to continue operating after that, James says the City would file an injunction with the court.
“We have given him multiple opportunities to try to meet all of the standards and, at some point, you just have to say ‘we have to move forward’,” James said.
Condon feels he is winning the food truck narrative as most people in conservative Tom Green County see the City's demand for him to tow his trailer to City Hall to prove mobility is silly. Food trucks are considered trendy, healthy entrepreneurial enterprises worthy of admiration and support, while the regulators at the City are the bad guys placing road blocks in the way of free enterprise, in Condon's view. The City is fighting back. City Public Affairs Officer Anthony Wilson scheduled a Facebook Live event at noon today to talk about food trucks and the City. You can watch the City's live stream discussion starting at noon central time July 20, 2018 here.
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Comments
i mean its cool if they want to organize sure, but the fact his vehicle is literally the only one which apparently isn't able to move is pretty telling. like yeah he can keep on saying how its got wheels and tires and a hitch and isn't attached to anything, but that doesn't mean much if he can't actually move the thing.
to be fair i like the burgers there too, but if you want a permanent restaurant then you ought to just build a permanent restaurant and be done with it instead of making excuses and trying to act like the laws don't apply to you.
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PermalinkInstead of being a pain in the butt, why doesn't Condon just move the damn thing and quit whining. Of 38 "mobile" food trucks in COSA, only one has failed to comply with the one annual requirement to prove mobility. The next step the city can and will take, is to shut you down, fine you, pull your permits, remove your source of income. I suggest you take a day off, drag your wagon to city hall and placate the entity that has your livelihood in their hands, go back to work and then work to change the requirement if you feel it is unjust. Your belligerence will only harm yourself, no one else.
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PermalinkBecause he can't move it. I think they permanently modified the mobile food truck to be permanently there. He's above the law. Life of privilege.
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PermalinkThe way he has the trailer set up it would take 2 days to unhook it and he would have to shut down. Or it would cost him a couple of $100 to pay someone to unhook it and hook it back up. Not fair, why does he have to through all this. He a free citizen!
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PermalinkI have looked at the photo published of the "offending" food trailer.
Has anyone, either in authority or in the media, noticed whether this vehicle does or does not display the REQUIRED license plate MANDATED by the Texas Department of Motor Vehicles (TxDMV) for operation (i.e.: towing) on the public streets, roads, and highways upon which the City of San Angelo simply wants to bear witness ???
It seems that there is a CATCH-22 here. If it is "mobilized" but is not registered, its movement will in and of itself be a CRIME ! ! !
IF the trailer never was registered when acquired as a FOOD TRAILER, then registration fees NOR vehicle sales taxes (may) have NOT been rendered as REQUIRED BY TEXAS STATE LAW. Automatic FINES are due for LATE payment of TAXES at the time of TITLE TRANSFER.
Anyone else see a GOTCHYA coming???
I ain't no COLUMBO, but I just thought I'd point out the OBVIOUS.
(Note: Some of you youngsters may not know who COLUMBO was..... GOOGLE IT!)
Come on "investigative journalists"! You're missing the BIG PICTURE here!!!
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PermalinkYou learn a lot about city code as a homeowner... A lot of the rules go unenforced for years until they get that one employee who goes strictly by the book. I hear they rotate area's of responsibility every so often.
I think that the rules should be enforced well enough that everyone knows what to expect, instead of having things being considered OK for 3-4 years and all of a sudden, they come down on you for it. That, IMO, is what get's people so upset about it... If it's not OK, I want to know ASAP so I can take care of business. I don't want to get the note on my door on the day of my kid's birthday, demanding I do something immediately... That tend's to tick people off... And they don't make it easy to find the rules either... Almost easier to read through the Texas Penal Code and find what you are looking for.
In the City of San Angelo, It is a violation of city code to spit on any public sidewalk Sec. 8.01.002, it is a violation to play "ball" on any public thoroughfare Sec. 8.01.008, and it is a violation to "bang" your vehicle's stereo without a permit from the chief of police or the chief's designee, Sec. 8.01.006.
Condon! Move your truck and stop crying... Seem's like you have a lot going for you, let yourself be focused on other "principle's" that are worth fighting... There are many out there.
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PermalinkHe was told he didn’t have to move now he does so just move it. And San Angelo morons in health department and joke info center use money spent on stupid studio crap for Wilson should go to upkeep on other stuff not PR and is everyone forgetting condon took a eye sore asbestos building and turned it into a useable place and has people working for him aka jobs why is he catching BS and I think being lied to I’d record every single talk from now on with any San Angelo official Keep screwing with him and someone will get sued and then money to fix roads will go to condons new trailer
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PermalinkWhile NOT making a direct comparison between this local proprietor and a notorious gangster... Let's remember that AL CAPONE did many good, even great civic contributions and such things with his ill-gotten wealth with the net result being that many of his community never acknowledged his criminality.
Just because someone who skirts the law in one area while doing "other good things for the community", it does not grant him a "free pass" over other LAWS.
IMHO
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PermalinkAre conservatives above the law? Do burgers made by conservatives taste different? Will this new Wheeled Culinary Coalition vie for the best parking spots to set up shop and stay. No one is above the law. Move it or lose it.
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Permalink"The United States is a nation of laws: badly written and randomly enforced." - Frank Zappa
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PermalinkBusiness must be down to be needing this much publicity. In the time that it has taken to stir up the pot he could have removed the awning and driven it the 3/4 mile round trip 15 times. If this thing does in fact move.
Between this and all the publicity he sought for the Angry Pickle sign, it looks like old Burger Boy is trying to play the "Don't you know who I am?" card.
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PermalinkI'm just ecstatic that the city enforcers who go around looking for things to persecute the citizens over are on to something other than staking my house out to make sure I've moved my trashcans up into my yard by the end of the day that they are emptied on........
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PermalinkHow dumb is the city for doing this? This is the guy responsible for making food trucks relevant in San Angelo. He has done many great things for the community with his catering business and restaurants. What difference does it make if it is mobile or not? Eskimo Hut and Lonestar have an agreement that allows him to stay permanently on that patch of real estate. Another classic example of government knowing whats best for the people. San Angelo is getting infiltrated with these sorry liberals from all of these other cities throughout the country that have driven away everyone because they tax them to death, but those same idiots want to come to our city and do the exact thing that caused them to leave wherever they came from. SMH.
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PermalinkFar from it. Blaming this on illegal immigration is next. Nothing liberal about rule of law. The truck is mobile, make it move.
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PermalinkFirst of all, I agree that he must show that he is mobile and move it (even if it is around the parking lot). Everyone else seems to be complying with the rules set by the city so why can't he follow the same rules? Secondly, if he truly is mobile and takes it to special events "occasionally", he is required by Texas State Laws to have his trailer inspected annually with current registrations. Sounds like he has not done this for many years. On a personal matter, I have eaten at his place twice and would give his cheeseburgers a rating of 4 on a scale of 10. Lastly, he is also in violation of banking laws by charging a fee for debit card/credit card purchases (businesses are not allowed to do this, only state/city/count entities). Start complying with the laws and regulations or shut him down!
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PermalinkTexas merchants can’t add surcharges for credit, debit cards
The Lone Star State is one of only 10 in the nation that prohibit merchants from charging swipe fees for credit card sales. For the 40 other states, merchants can charge up to 4 percent in extra “convenience fees.”
The Legislature passed a law in 2013 giving real enforcement power to state regulators to go after rogue merchants who charge extra.
It gets even better. The Legislature also passed a law prohibiting the same kind of surcharges on debit cards, too.
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PermalinkWatch the noon news to catch the action.
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PermalinkI just looked this up on the TEXAS ATTORNEY GENERAL's official website....
<QUOTE begins>
Charging Extra For Credit Card Use
In Texas, a business can not penalize you for paying with a credit card. Businesses that add a surcharge to those who pay by credit card might be violating provisions of the Texas Finance Code. However, businesses can discount the regular retail price of an item for consumers who pay cash. If you believe a business is charging extra for credit card purchases, please a file a consumer complaint with our office.
Credit card fees can be charged by government entities, such as for the payment of property taxes or other fees required by government agencies.
<end QUOTE>
.... and here's the web address if anyone doubts the authenticity of this quote:
https://texasattorneygeneral.gov/cpd/credit-cards#extra
Let the COMSUMER COMPLAINTS begin in .... 3---2---1---NOW!!!
The TxAG's website also offers this alternative to reporting a complaint to them:
<begin QUOTE>
Filing a Complaint
If you have a complaint against a credit card company, you can file a consumer complaint with our office and with the agency that regulates the financial institution which issued your credit card. Many credit cards are issued by national banks which are regulated by the Office of the Comptroller of the Currency.
In addition, the Federal Reserve System supervises state-chartered member banks of the Federal Reserve System.
<end QUOTE>
Source web address:
https://texasattorneygeneral.gov/cpd/credit-cards#complaint
As well, most credit card companies WILL terminate their contract with such businesses (reclaim their card machine) if a business is charging a surcharge.
..... The plot thickens!!!
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