City Goes After Wayward Cheeseburger Stand

 

SAN ANGELO, TX-- One San Angelo restaurant owner feels his way of life is being attacked by the city after getting a notice to prove the mobility of his food trailer.

On July 10, Tim Condon, owner and executive chef of Angry Cactus and Lonestar Cheeseburger Company, received a letter from Tom Green County Health Services Director Sandra Villarreal saying he had 10 days to prove Lonestar Cheeseburger, his mobile food unit, or “MFU”, is, in fact, readily mobile and up to code with Texas Food Establishment Rules (TFER) or he would lose his health license.

“I’ve had multiple conversations with city management and everyone involved. They decided I could sit there (at South Abe and West Beauregard) and that was okay,” Condon said before going on to claim, “they threatened me and said they’d put me out of business if I didn’t move” during a meeting on December 13, 2017.

According to Villarreal, that is not the case.

“We’re not making him shut down,” Villarreal said over the phone on Wednesday. “We want him to become mobile. He has to demonstrate mobility, even if that is one time per year.”

Condon echoed Villarreal by saying he didn’t think the city would shut him down.

In 2015, Lonestar Cheeseburger burned down and when Condon rebuilt, he made sure with the health inspector his trailer was up to code and readily mobile. That means, if asked, they could easily pack up and move.

Since 2013, Condon has not demonstrated mobility, according to Villarreal.

“The City of San Angelo embraces entrepreneurship in all its many forms, including food trucks. At the same time, we take seriously our duty to consistently enforce state laws regarding mobile food vendors,” said City Manager Daniel Valenzuela. “With one exception, all of the food trucks in San Angelo have adhered to those rules, which are enforced in the same manner here as they are in Austin – which enjoys a thriving food truck industry. We’ve given San Angelo’s lone holdout ample and multiple opportunities to comply, and he has declined. If he wants to be a mobile vendor, he must demonstrate mobility. If he’d rather become a permanent brick-and-mortar restaurant, we’re happy to work with him on that. Be we can’t allow any restaurateur to operate by his own set of rules, particularly if that endangers the health, safety and welfare of the public.”

Condon claims Austin does not require its food trucks to prove mobility like he is being asked to. Villarreal said she had spoken to the City of Austin and they make each food truck “drive downtown” when it is time to renew their permit.

According to TFER, a city can ask MFU owners to prove mobility at the city’s discretion. That means an MFU could have to move a couple of feet or they could be asked to drive around the block.

Condon’s establishment had been asked to do the latter and the City has said it appears his food trailer is “attached to a fixed awning.”

“I asked ‘why’,” Condon said. “They’re citing that article in the TFER that we need to prove that we are readily movable. It talks about what is readily movable. We have a (trailer) hitch. We have tires that are inflated and work. Nothing is connected to a structure. I’ve gone over this with the health department many times and they agree that all of this makes it readily movable.

[[{"fid":"43229","view_mode":"default","fields":{"format":"default","field_file_image_alt_text[und][0][value]":"A wider view of the Lonestar Cheeseburger location. The Eskimo Hut is considered to be the food trailer's \"commissary.\" (LIVE! Photo;/Joe Hyde)","field_file_image_title_text[und][0][value]":"A wider view of the Lonestar Cheeseburger location. The Eskimo Hut is considered to be the food trailer's \"commissary.\" (LIVE! Photo;/Joe Hyde)"},"type":"media","field_deltas":{"1":{"format":"default","field_file_image_alt_text[und][0][value]":"A wider view of the Lonestar Cheeseburger location. The Eskimo Hut is considered to be the food trailer's \"commissary.\" (LIVE! Photo;/Joe Hyde)","field_file_image_title_text[und][0][value]":"A wider view of the Lonestar Cheeseburger location. The Eskimo Hut is considered to be the food trailer's \"commissary.\" (LIVE! Photo;/Joe Hyde)"}},"attributes":{"alt":"A wider view of the Lonestar Cheeseburger location. The Eskimo Hut is considered to be the food trailer's \"commissary.\" (LIVE! Photo;/Joe Hyde)","title":"A wider view of the Lonestar Cheeseburger location. The Eskimo Hut is considered to be the food trailer's \"commissary.\" (LIVE! Photo;/Joe Hyde)","class":"media-element file-default","data-delta":"1"}}]]
Above: A wider view of the Lonestar Cheeseburger location. The Eskimo Hut is considered to be the food trailer's "commissary." (LIVE! Photo;/Joe Hyde)

“So I’m trying to figure out why the Health Department says it’s readily movable, yet they send me this letter that says I have 10 days to move or they’re not going to let me continue operating in the City of San Angelo.”

The letter from the City says that Condon must now drive his trailer to City Hall to prove mobility. Condon would go on the claim no specific distance is listed in TFER.

“It doesn’t say I have to move or what distance,” Condon emphasized. “It just says I have to be readily movable. (The City) is making this up because, I feel whole-heartedly, they want to get me out of there and take over. They want that property.”

The City’s Water Utilities Department moved to the old bank building behind Lonestar in Oct. 2017 and Condon says he never had any problems until the move.

The letter given to Condon says he was notified of the requirements in Dec. 2015 before being reminded in 2016 of the requirements.

Condon said he will fight this request with the City and asked his fellow MFUs to join him.

“Our Mayor ran on the platform that she would cut the red tape. This letter doesn’t look like that,” Condon said, pointing to the certified letter he received today demanding he prove his food trailer is truly  mobile.

Condon has 10 days to comply, according to the City's demand letter. The next City Council meeting is scheduled for Aug. 7. Unless Condon can get a special meeting, that would be well past the 10-day limit he has been given. Villarreal said the next step for the City is to begin enforcement procedures in coordination with the city attorney.

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Comments

Wabo73, Wed, 07/18/2018 - 19:34

Why is city always giving him trouble they gave him crap over a stupid cactus figure. Now it’s a trailer? I’d say hook trailer up drive around block then park it that’s mobile. Let’s not forget the building where angry cactus is sat for 25+ years empty and he and pfluiger got rid of asbestos and made a unused eyesore into a usable money making draw. I wouldn’t compare stuff here to Austin even if it’s to prove what other cities do. Angelo officials would love to have more parking room for the bank aka county offices? How about health department go check zenters daughter and NOONE tip anyone off on a surprise visit I guarantee it will be closed that day. I’m never surprised at the good ole boy BS in San Angelo

ckc, Wed, 07/18/2018 - 20:00

Seems like the city keeps letting businesses come in and when one starts doing a good business they start attacking them. I don't think that they want the little guys to make it here.

ckc, Wed, 07/18/2018 - 20:03

I think that it has a lot to do with the individual that has business's down town that didn't want the angry cactus to go in is paying someone to try to run the owner off. It has always been the good old boy deal here. If your not in the group you are out.

Nurse, Wed, 07/18/2018 - 20:59

Here we go again....summer, hot, water levels decline, throw more money from the citizens of the community to the water department. I am not the sharpest knife in the drawer but how is more money in the coffers going to keep us from running low on water? Oh by the way when it does rain and the lake levels come back up the water rate does not go back down. We spent millions on the Hickory aquafier which now does not have enough water to support the city. Lake Ivie was built, filed up and we started sending water to other communities who in turn sold the water. We are going to water golf courses daily, but we are low on water! Where are the priorities of our " Leaders"? I haven't had a decent yard for years because I don't spread water on the few blades of grass that are left. DO I like having an ugly yard...NO. DO I like to have a drink of water...YES. I have lived through droughts when you took a bath in 1 inch of water for the family, cleanest to the dirtiest, you didn't flush unless you had done more than urinate. You watered your trees with dish water from a dishpan. There is a rate listed for landscape as well as residential use. Landscaping rate should be a hefty fine for wasting water. Living in the city I can't dig a water well, even though I can witch a good stream on the property. What do you want...... a drink or green golf courses?
Why isn't the extra money being collected being used for mesquite tree / cedar control? Each of these 2 plants drink about 8 gallons of water per day and we are overrun by them around our streams and in the lake beds.

It's a war of burgers in this town. Heffs is rebuilding on Sherwood. Twisted Root Burger, Freddy's Burger, The Northside is battling it out with the Corner Stop world famous burgers vs Grill-A-Burger across the street. Then you have all the chain burgers,,, Burger King, Wendy's all beef burger, McDonald's fresh meat burger, Dairy Queen, Chick Fil A chicken burger, etc.... Then,,,, you got all the Mexican burgers in town, El Paisano, La Esperanza, Hidalgos. And then you got the bar burgers like that yellow building that says "free air conditioning" on it that makes their own spicy ketchup, the other bar Shenanigans, then shenanigains food was so good they opened up a place downtown with mostly food for the folks that didn't want to expose their family to the debauchery while eating a burger. I left off about 15 other places with good burgers like La Carbonara but I don't want to tell u the real good placez cauz then they would get packed and they wouldn't be special anymore. Travel around. Get outside the loop. Venture out of your comfort zone. End racism. Love each other. Oh also that place in Eola Schoolhouse I heard was good burgers to.

ckc, Thu, 07/19/2018 - 13:53

Firemen pay for their own meals while they are working 24 hr shifts. The city or no one else pays for their food.

MLS, Wed, 07/18/2018 - 22:51

If the truck is mobile, then I don't understand why he doesn't spend an hour of his time hitching it up and taking it around the block so he can get everyone off his back and get down to business. Maybe the city does have a hidden agenda, here, but that would be the quickest way to shut it down, I would think.

Sounds like a great story idea for a tv comedy series. Condon can move to a new corner each week with Villarreal in hot pursuit. All those zany downtown booster types can make guest appearances.

twr_98, Thu, 07/19/2018 - 08:36

I would move it one inch and back it back up. If it can move any distance and still be intact, it is, in fact, mobile. They want that land now that they have moved in right behind him. Jerks.

twr_98, Thu, 07/19/2018 - 08:43

So this is an unfunded mandate :) Even though the rules don't say you have to move it, it is interpreted as you have to drive it. Liberals.

Rules are rules. Some think they can get away with bending them at times, then play the victim. Happens all the time around here. Used to be common place, even with folks on the city council. Anymore news on the fines for empty eyesores downtown? I bet wealthy influence won the day.

Free burgers to people who come down and help move the trailer. We could parade it around Eskimo Hut and live stream it on facebook as proof. We might just have some fun at the same time.

So Mr. EvilVillian, excuse me, Mr. Villarreal, your words were that the mobility of this food trailer not moving could endanger the health safety and welfare of the public - how exactly? Or do you want it by city hall for lunch while expecting free onion rings? Who said BRIBERY? In Tom Green you say?

He moves that trailer on the streets and the police will be lighting him up. Trust me, I know how code enforcement and inspections work; Machiavellian at a whole new level. But I'd fight to not kiss the ring to my friend.

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