Food Truck Prevails in Zoning Case

The owners of the Got Beach Fries food truck have been found not guilty of violating a zoning ordinance by Fredericksburg General District Court Judge John Stephens.

Richard "Eddie" Crosslin co-owns the mobile restaurant with his wife Kim. which requires the approval of the city zoning administrator before any site-improvement activity can take place on a property. 

Ray Ocel, director of the Fredericksburg Planning and Community Development Office, argued that the law prohibited the food truck from operating on the property of an auto loan establishment on the corner of Fall Hill Avenue and Jefferson Davis Highway without his permission.

Crosslin argues that he was hired by the business as a caterer, but was unable to produce a contract saying so. He maintained it was a verbal agreement designed to attract business to the auto loan establishment. The Crosslin's had been operating at that location since May.

In examining the law which Crosslin had been charged with violating, Judge Stephens stated that the law refers to a building or a structure, noting that the law pertained to the issuance of occupancy permits. 

Crosslin argued that he had the necessary permits to operate his truck on private property with the agreement of the property owner, noting that he had the necessary health inspections, business license and an itinerant merchants license. 

Ocel argued that the itinerant merchants license only allows for the operation of business at "special events", for which vendors have to pay a $10 per event fee to hawk their wares. 

Crosslin submitted to the judge a list of 54 other locations in the city of Fredericksburg where his truck has operated without complaint. Judge Stephens read through a half dozen of the list, a mixture of private business properties and city events, asking Ray Ocel if those uses were permitted. For nearly every instance of operation on private property outside of special events, Ocel answered that the truck was in violation. City events, such as the soap box derby and concerts at city parks, were acceptable to Ocel. 

"It seems that he's only allowed to do this if it makes the city money,"  Judge Stephens said.

Ocel also said that the food truck could conduct business at the Fredericksburg Farmer's Market. Further, Ocel argued that because food vending trucks were not addressed in the city code, then they could not be allowed as a by-right activity. 

"If a particular use is not listed, then it is not permitted," said Ocel. 

"If he has an itinerant's merchant's license, then where can he sell?" asked Stephens. 

Ocel reiterated that he could only sell at special events after paying for the umbrella event business license fee. 

"How does the public know this?" asked Judge Stephens, who seemed to take issue with an apparently vague legal reasoning behind the charges.

"If they come in and talk to us," replied Ocel. 

This elicited a visible laugh from the judge. 

Shortly afterwards, Judge Stephens declared Crosslin "not guilty, this time." 

Triumphant, for now, Crosslin spoke to Patch outside the courthouse after his trial. 

"The judge looked at all the facts," said Crosslin. "We have always tried to do everything legal."

Kim Crosslin said that the city should update the zoning ordinance to more plainly allow mobile food vendors to operate in the city. She and her husband said that they were talking with Ward 3 Councilor Fred Howe to raise the issue among members of the City Council. 

"Wouldn't it be better to have some structure in place to regulate it?" asked Kim Crosslin, rhetorically, suggesting an increase in meals tax revenue would result if the city opened up to food trucks.