Food truck owners petition city council’s 1990 statute ***UPDATED***
***This article has been updated with new and clarified information***
A code approved by city officials six years ago regarding food truck operations in Atlanta, Texas has suddenly become a point of contention for community members, with varied opinions on the topic.
Some worried that enforcement of the ordinance might negatively affect small business owners who run area food trucks. Others pointed to the ordinance as a means of protecting the brick-and-mortar businesses that pay taxes in the area.
Dispute over the statute became widespread the day before Thanksgiving, when residents started sounding off on Cass County Bulletin-Texas Facebook page about enforcement of the ordinance, which reportedly limits food trucks to just two pop-ups per truck, per year.
Apart from the two pop-ups per year, the ordinance grants an exception for area events (not just chamber events). This allows for food trucks to set up an unlimited number of times for downtown events.
Derrick and Tomeka White, co-owners of Topp Hat’s Kickin’ Chicken food truck said they are organizing to go before the city council on December 20.
“We are organizing a petition to challenge the outdated and heavily restrictive ordinances on food trucks in Atlanta,” the couple said in a statement. “We have to fight this for families in the community, young entrepreneurs, and veterans. If you have friends and family in Atlanta they can go by Robinson Family Pharmacy to sign.”
The Whites said their son started having seizures and the couple had to move to part-time hours to care for him.
“We are heartbroken by the city’s response. To retire from the Army and move back home to start a business doing what you love, cooking, only to be shut down by outdated ordinances is so wrong.”
Topp Hatt’s operated a couple of years at the corner of high school lane and main street, according to reports, before they transferred the lease to someone else. Top Hatt’s owners said they pay quarterly sales taxes and county business taxes, as well as having registered as a limited liability company–better known as an LLC.
Their business is also fully licensed with permits, they said. The ordinance passed a handful of years before James Brooks became mayor, but the recently elected Brooks didn’t shy away from discussing the statute.
In fact, Brooks encouraged concerned parties to attend city council meetings to voice their concerns and have an open dialogue with the council.
“The ordinance was written six years ago to protect our downtown restaurants,” Brooks said. “To my knowledge, it has very rarely been enforced.”
Brooks said the city isn’t trying to shut anyone down or hurt anyone’s business.
“It is possible that times have changed enough that it needs to be revisited,” the mayor said. “If anyone would like to attend a city council meeting to discuss this or any other issue, we certainly welcome any and all residents to do so, and we’ll gladly listen and take it under consideration.”
Chad Clements, councilman-at-large, echoed the mayor’s thoughts and said the council would be happy to have anyone interested attend council meetings.
“Come sit down and talk with city council members,” Clements said. “We want to get more businesses in the downtown area.”
Clements said the key to having a vibrant downtown is to have restaurants downtown. When the ordinance passed in 2016, Clements said the council was just trying to protect brick-and-mortar businesses, specifically restaurants, that are invested in the city. Restaurants like Luigi’s have to pay sales taxes and utilities in order to be able to operate their businesses.
The city also has a revolving grant specifically for helping in getting food trucks started in the area, he said.
Clements said there’s room for a compromise on the ordinance.
“Two pop-ups a year is a little restrictive to me personally,” Clements said, adding that he could understand negotiating for more pop-ups or the possibility of food trucks paying taxes or fees that help level the playing field between food trucks and downtown restaurants.
Katie Boyce, administrator of Cass County Bulletin- Texas is helping to get signatures for the food truck petition, which can be signed at Robinson’s Family Pharmacy.
The bulletin, with 4.4 thousand members, is a popular place for county locals to keep up with their community by posting area events, news and weather alerts, garage sales, church group meetings, local business sales, restaurant specials, help wanted, missing pets, missing people and fundraisers.
At the 20th council meeting, people supporting a food truck ordinance change hope to voice their opinions and get clarification on the issue.
The council meets on the first and third Tuesday of each month at 5:30 p.m.
On Tuesday (after the paper went to press) the White sought further clarification from the City and were invited to meet with Danica Porter the Atlanta City Manager to figure out ways the City could help,
Wednesday, December 7. Porter released this information to the paper to further resolve the matter.
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